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When will the court reach a decision in my case?

Most cases are handled in an expeditious manner. The Speedy Trial Act of 1974 establishes standard time requirements for the timely prosecution and disposition of criminal cases in district courts. There is no similar law governing civil trial scheduling, and as a result, the scheduling of criminal cases is assigned a higher priority.  In 1990, Congress enacted legislation that directs each district court to devise and adopt a civil expense and delay reduction plan. One goal established under the legislation is for each civil case to be scheduled for trial within 18 months of filing the complaint.

 

 

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How are federal judges assigned to cases?

The basic considerations in making assignments are to assure equitable distribution of caseload and avoid judge shopping. By statute, the chief judge of each district court has the responsibility to enforce the court's rules and orders on case assignments. Each court has a written plan or system for assigning cases. The majority of courts use some variation of a random drawing. One simple method is to rotate the names of available judges. At times, judges having special expertise can be assigned cases by type, such as complex criminal cases, asbestos-related cases, or prisoner cases. The benefit of this system is that it takes advantage of the expertise developed by judges in certain areas. Sometimes cases may be assigned based on geographical considerations. For example, in a large geographical area, it may be best to assign a case to a judge located at the site where the case was filed. Courts also have a system to check if there is any conflict that would make it improper for a judge to preside over a particular case.

 

 

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How do I get a summons to serve with my complaint?

If you have paid the required filing fee when you submitted your complaint, the court will issue a summons and send it to you. 

 

 

 

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Will the court appoint an attorney to represent me?

In a civil proceeding the court does not have to appoint counsel to represent you, and in most cases, it does not appoint counsel. However, you can ask the court to appoint counsel by filing a Motion for Appointment of Counsel. If you file a Motion for Appointment of Counsel, you must still proceed with your case by representing yourself; you cannot wait for the court to make a decision on your motion.

 

 

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How do I let a party know that I have filed a civil action in which the party is named?

Once your complaint is filed and you have paid the required filing fee, you will need to have a copy of the complaint delivered to each person you have named as a defendant. The way in which a copy of the complaint is delivered to the defendant(s) is called "service". The Clerk's Office can provide assistance on how to do this. If you did not pay the required filing fee, the court will review your Application to Proceed In Forma Pauperis and decide if you can proceed without paying the filing fee. The court will also review your complaint to determine whether a copy of the complaint should be delivered to the defendant(s). If the court decides that you do not have to pay the filing fee and determines that the complaint should be delivered to the defendant(s), the court will direct how service will be effected.  Typically, the court directs the Clerk's Office to serve the defendant(s).

 

 

 

 

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Can I add claims to my complaint after I have filed it?

It depends on several factors.  Amended and supplemental pleadings are governed by Federal Rule of Civil Procedure 15.

 

 

 

 

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What is a NEF?

NEF is an acronym for Notice of Electronic Filing.  An NEF contains:

  • Case Number
  • Case Title
  • Date and time the document was filed
  • The docket number of the document that was filed
  • The docket text for that filing
  • A list of parties who were served electronically

You will receive a copy of a NEF with each filing you send or bring to the court.  Each time the court files a document in your case you will receive a copy of that court-filed document and a NEF. 

 

 

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Can someone from the Clerk's Office tell me before I file my case whether or not the court will grant me permission to proceed without paying the filing fee?

No, a judge must review your Application to Proceed In Forma Pauperis and determine whether you are able to file the filing fee.

 

 

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How many copies of a document do I need to file?

Only the original signed document must be submitted to the Clerk's Office.  If you wish to receive a copy back, you must include a copy with your original filing.

 

 

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How long does a defendant have to serve a pleading that responds to a plaintiff's complaint?

The time to serve a responsive pleading is governed by Federal Rules of Civil Procedure 12.

 

 

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What is a certificate of service?

Each document that you file with the court must contain your signature and a certificate of service. A certificate of service indicates to the court that you have delivered a copy of the document to the other parties. The certificate of service states the name and address of the attorney or party served with the document, the manner of service, and the date of service.

 

 

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Can personnel from the Clerk's Office answer legal questions?

No, personnel from the Clerk's Office are not permitted to give legal advice. Nobody can:

  • Explain the meaning of rules;
  • Answer questions as to whether this is the proper court in which to file your complaint;
  • Comment on your case;
  • Recommend how you should proceed;
  • Predict a decision a judicial officer might make;
  • Answer questions to how much time you have to file a complaint; and
  • Interpret an order of the court.

 

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Where can I find legal materials such as case law and the Federal and Local Rules?

You may find legal materials at local law libraries and public libraries. You can find links to the Federal Rules and Local Rules on the home page.

 

 

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Why has a magistrate judge been assigned to my case?

Magistrate judges are judicial officers appointed by the court to assist in the work of the court. They can also decide civil cases when both parties agree to have the case heard by a magistrate judge instead of a district judge. A form that gives the parties the option to have their case heard by a magistrate judge is provided by the Clerk's Office.

 

 

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Can I file a criminal case against someone?

No, you may not file a criminal case against anyone. The United State's Attorney's office is responsibile for filing federal criminal cases. Allegations of criminal behavior should be brought to the attention of the local police, the Federal Bureau of Investigation, or another law enforcement agency.

 

 

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Can I get a copy of the court's Local Rules?

Yes,  the Local Rules are available here:

Local Rules

 

 

 

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Can I file electronically?

Unless you are an attorney, you may not file using the court's CM/ECF system. Your documents should be submitted via U.S. mail or delivered in person to the Clerk's Office. 

 

 

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What type of civil action can be filed in the Northern District of Iowa?

A federal district court can only hear certain types of cases. Generally, only civil cases that involve diversity of citizenship (parties in the case live in different states and the amount in controversy is greater than $75,000), a federal question (lawsuits that have been authorized by Congress), or have the United States as a party can be filed in the Northern District of Iowa. 

 

 

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Can I file a case on my own behalf?

Yes, a case is commenced by filing a complaint and paying the required filing fee. You should refer to the Federal Rules of Civil Procedure and this court's Local Rules for information about the proper form of your complaint. The court requires a Civil Cover Sheet to be submitted with your complaint.

 

 

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How long will it take the court to determine if I can proceed without paying the filing fee?

Usually between 30 and 60 days.  The court will notify you in a written order after it decides whether your Application to Proceed In Forma Pauperis should be granted or denied.

 

 

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Can I pay the required filing fee in installments?

No, the entire filing fee must be paid or you must file an Application to Proceed In Forma Pauperis.

 

 

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Can I file a case without paying the required filing fee?

It is possible that the filing fee may be waived for your matter. You must submit to the court an Application to Proceed In Forma Pauperis that discloses your income and other financial information. 

 

 

 

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Can I file a case on my own behalf without an attorney?

Yes, filing a case on your own without an attorney is referred to as filing "Pro Se".  You should be aware that if you proceed pro se, you will be required to follow the same rules as an attorney.

 

 

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How do I get copies of documents in my case?
Copies can be requested by contacting the Clerk's Office at:
Cedar Rapids:  (319) 286-2300
Sioux City:  (712) 233-3900
 
A written request may be sent to:
 
U.S. District Court
Northern District of Iowa
111 7th Avenue SE, Box 12
Cedar Rapids, Iowa 52401
 
or
 
U.S. District Court
Northern District of Iowa
320 6th Street
Room 310
Sioux City, Iowa 51101
 
Please provide the case name, case number and the docket number of the documents you are requesting.  There is a fee of $ .50 cents per page, per document. The Clerk's Office will inform you of the total cost for the copies. Once payment is received by the Clerk's Office, the copies will be forwarded to you.

 

 

 

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How can I check on the status of my case if I do not have an attorney?
You may contact the Clerk's Office at:
 
Cedar Rapids: (319) 286-2300
Sioux City: (712) 233-3900

You should have your case number ready to provide. If you do not have your case number, the case can be identified by the name of a party in the case. 

You may also contact the Clerk's Office in writing at:

U.S. District Court
Northern District of Iowa
111 7th Avenue SE, Box 12
Cedar Rapids, Iowa 52401
or
U.S. District Court
Northern District of Iowa
320 6th Street
Room 301
Sioux City, Iowa 51101

 

 

 

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How can I find an attorney?
The Clerk's Office cannot provide you with the name of an attorney.  Attorneys/firms frequently maintain websites that indicate federal and/or state practice areas.  You may search for an attorney through the Iowa State Bar Association's 'Find-A-Lawyer Service' at: https://www.iowafindalawyer.com/.
In Iowa, there are limited resources and programs available to provide free legal assistance:
 
 
Iowa Legal Aid
Toll-free Phone: (800) 532-1275

 

University of Iowa Clinical Law Program
380 Boyd Law Building
Iowa City, Iowa 52242-1113
email: law-legal-clinic@uiowa.edu
Phone: (319) 335-9030
Toll-free Phone: (866) 251-5491

 

Drake University Legal Clinic
2400 University Avenue
Des Moines, Iowa 50311
Phone: (515) 271-3851
 
 

 

 

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