Iowa Supreme Court July 1 Supervisory Order re tolling of deadlines

On July 1, 2008, the Iowa Supreme Court issued a Supervisory Order regarding the dates for which certain district courts were considered “closed pursuant to the authority of the Supreme Court for purposes of Iowa Code section 4.1(34).”  Included in the list is the Linn County Courthouse for dates June 11, 12, 13 and 16 and Benton County Courthouse for dates June 11, 12 and 13.   The Order further states:

           2. In addition to the relief provided by section 4.1(34),

 a. all time limits authorized by rule affecting the speedy trial procedure in criminal and juvenile proceedings are tolled for the listed days of closure;

b. all nonjurisdictional time limits imposed by rule applicable to civil, criminal, domestic violence, probate, traffic, and small claims proceedings are tolled for the listed days of closure; and

c. all nonjurisdictional time limits imposed by rule applicable to notices of appeal of final and non-final orders are tolled for the listed days of closure. 3. This Court recognizes that there may be instances where, because of this flood, there and other nonjurisdictional time limits could not be met even after taking into consideration the tolling periods stated above. If such a claim is made, it shall be resolved by the court wherein jurisdiction lies on a case-by-case basis upon a party’s demonstration that the lack of compliance with requisite time periods was directly attributable to this emergency situation.