Rule 16.309 - Date and time of filing; deadlines; technical difficulties(1)Date and time of filing; deadlines.a. An electronic filing may be made whenever EDMS is available, including holidays, weekends, and evenings. The availability of electronic filing, however, does not affect deadlines or the provisions for extension of deadlines in the Iowa Code or Iowa Court Rules. When a document is filed electronically, EDMS applies an electronic file stamp to the document reflecting the date or the date and time that the document was actually received by EDMS. See rule 16.306(2) and comment and rule 16.307. (1)Exceptions for trial informations and minutes of testimony. Trial informations and accompanying minutes of testimony are not file stamped until the court approves them.(2)Submissions that the clerk of court returns. A submission that the clerk of court returns unfiled because of an error is given a file stamp when the filer submits the corrected version.b. The date and time of the electronic file stamp are considered the official filing date and time for purposes of computing relevant deadlines.c. A document is timely filed if it is filed before midnight on the date the filing is due.d. If a deadline established in these rules is different from a deadline established in a court order in a particular case, the deadline established in the court order controls.(2)Technical difficulties.a. A party's technical difficulty or the unavailability of EDMS does not excuse a party from complying with a jurisdictional deadline.b. If a registered filer is unable to meet a nonjurisdictional deadline due to a technical difficulty, the filer must file the document using the soonest available electronic or nonelectronic means. The filing is not timely unless the court determines it to be timely after the filer has had an opportunity to be heard on the matter.(3)Notices of system unavailability.a. Scheduled maintenance. When EDMS will not be available due to scheduled maintenance, a notice of the date, time, and anticipated length of the unavailability will be posted on the Iowa Judicial Branch website and to other authorized social media.b. Unexpected unavailability. When EDMS is unexpectedly unavailable, a notice of the problem will be posted on the Iowa Judicial Branch website and other authorized social media.(4)Extended system unavailability; filing and service. In the event of an extended period when EDMS is not available, the filer may take a paper document to the clerk of court during regular business hours for filing. In such instances, the filer is responsible for service of the document on case parties entitled to service.(5)Court-generateddocuments; computation of deadlines. Electronic filings by the court, such as court orders, may be made at any time. They will receive a file stamp reflecting the date and time when EDMS received the filing. The clerk of court will process such filings with reasonable promptness during regular weekday hours before the filing is served electronically on all registered filers. Regardless of when a party receives notice of electronic filing of a court-generated document, the date and time of the file stamp are the official filing date and time for purposes of computing all relevant deadlines. Court Order November 21, 2016, temporarily effective 11/21/2016, permanently effective 2/1/2017.COMMENT:
Rule 16.309. Electronic filing enables the filing of documents outside of normal business hours. A documentfiled before midnight on the date the filing is due is considered timely filed. Filers are cautioned, however, not to wait until the last moment to file documents electronically as EDMS may not always be available. Just as a jurisdictional deadline cannot be extended for a filer, who- due to vehicle or traffic problems, for example-arrives at the courthouse moments after the clerk of court office has closed, jurisdictional deadlines cannot be extended for the filer who encounters system or other technical difficulties between the time of close of business and a midnight filing deadline.