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House Amendment 8085

Amendment Text

PAG LIN
  1  1    Amend House File 2338 as follows:
  1  2    #1.  Page 1, by inserting before line 1 the
  1  3 following:
  1  4    "Section 101.  Section 2B.5, subsection 2, Code
  1  5 1997, is amended to read as follows:
  1  6    2.  Cause the Iowa court rules to be published, as
  1  7 directed by the supreme court after consultation with
  1  8 the legislative council.  The Iowa court rules shall
  1  9 consist of all rules prescribed by the supreme court.
  1 10 The court rules shall be published in loose-leaf form,
  1 11 appropriately indexed, and supplements shall be
  1 12 prepared and distributed as directed by the supreme
  1 13 court.  The Iowa court rules and supplements to the
  1 14 court rules shall be priced as provided in section
  1 15 7A.22.
  1 16    Sec. 102.  Section 2B.10, subsection 3, Code 1997,
  1 17 is amended by striking the subsection."
  1 18    #2.  Page 2, by inserting after line 30 the
  1 19 following:
  1 20    "Sec. 103.  Section 602.4102, subsections 3 and 5,
  1 21 Code 1997, are amended to read as follows:
  1 22    3.  The supreme court shall prescribe rules for the
  1 23 transfer of matters to the court of appeals.  These
  1 24 rules may provide for the selective transfer of
  1 25 individual cases and may provide for the transfer of
  1 26 cases according to subject matter or other general
  1 27 criteria.  Rules relating to the transfer of cases are
  1 28 subject to section 602.4202.  A rule shall not provide
  1 29 for the transfer of a matter other than by an order of
  1 30 transfer under subsection 2.
  1 31    5.  The supreme court shall prescribe rules of
  1 32 appellate procedure which shall govern further review
  1 33 by the supreme court of decisions of the court of
  1 34 appeals.  These rules shall contain, but need not be
  1 35 limited to, a specification of the grounds upon which
  1 36 further review may, in the discretion of the supreme
  1 37 court, be granted.  These rules are subject to section
  1 38 602.4202.
  1 39    Sec. 104.  Section 602.4201, Code 1997, is amended
  1 40 to read as follows:
  1 41    602.4201  RULES GOVERNING ACTIONS AND PROCEEDINGS.
  1 42    1.  The supreme court may prescribe all rules of
  1 43 pleading, practice, evidence, and procedure, and the
  1 44 forms of process, writs, and notices, for all
  1 45 proceedings in all courts of this state, for the
  1 46 purposes of simplifying the proceedings and promoting
  1 47 the speedy determination of litigation upon its
  1 48 merits.  Rules are subject to section 602.4202.
  1 49    2.  Rules of appellate procedure relating to
  1 50 appeals to and review by the supreme court,
  2  1 discretionary review by the courts of small claims
  2  2 actions, review by the supreme court by writ of
  2  3 certiorari to inferior courts, appeal to or review by
  2  4 the court of appeals of a matter transferred to that
  2  5 court by the supreme court, and further review by the
  2  6 supreme court of decisions of the court of appeals,
  2  7 shall be known as "Rules of Appellate Procedure", and
  2  8 shall be published as provided in section 2B.5.
  2  9    3.  The following rules are subject to section
  2 10 602.4202:
  2 11    a.  Rules of civil procedure.
  2 12    b.  Rules of criminal procedure.
  2 13    c.  Rules of evidence.
  2 14    d.  Rules of appellate procedure 1 through 9.
  2 15    e.  Rules of probate procedure.
  2 16    f.  Juvenile procedure.
  2 17    g.  Involuntary hospitalization of mentally ill.
  2 18    h.  Involuntary commitment or treatment of
  2 19 substance abusers.
  2 20    Sec. 105.  Section 602.4202, Code 1997, is amended
  2 21 to read as follows:
  2 22    602.4202  RULEMAKING PROCEDURE.
  2 23    1.  The supreme court shall submit a rule or form
  2 24 prescribed by the supreme court under section
  2 25 602.4201, subsection 3, or pursuant to any other
  2 26 rulemaking authority specifically made subject to this
  2 27 section to the legislative council and shall at the
  2 28 same time report the rule or form to the chairpersons
  2 29 and ranking members of the senate and house committees
  2 30 on judiciary.  The legislative service bureau shall
  2 31 make recommendations to the supreme court on the
  2 32 proper style and format of rules and forms required to
  2 33 be submitted to the legislative council under this
  2 34 subsection.
  2 35    2.  A rule or form submitted as required under
  2 36 subsection 1 takes effect sixty days after submission
  2 37 to the legislative council, or at a later date
  2 38 specified by the supreme court, unless the legislative
  2 39 council, within sixty days after submission and by a
  2 40 majority vote of its members, delays the effective
  2 41 date of the rule or form to a date as provided in
  2 42 subsection 3.
  2 43    3.  The effective date of a rule or form submitted
  2 44 during the period of time beginning February 15 and
  2 45 ending February 14 of the next calendar year may be
  2 46 delayed by the legislative council until May 1 of that
  2 47 next calendar year.
  2 48    4.  A rule or form submitted as required under
  2 49 subsection 1 and effective on or before July 1 shall
  2 50 be bound with the Acts of the general assembly meeting
  3  1 in regular session in the calendar year in which the
  3  2 July 1 falls.
  3  3    5. 4.  If the general assembly enacts a bill
  3  4 changing a rule or form, the general assembly's
  3  5 enactment supersedes a conflicting provision in the
  3  6 rule or form as submitted by the supreme court.
  3  7    Sec. 106.  Section 602.4303, subsection 2, Code
  3  8 1997, is amended by striking the subsection."
  3  9    #3.  Page 4, by inserting after line 32 the
  3 10 following:
  3 11    "Sec. 107.  Section 684A.6, Code 1997, is amended
  3 12 to read as follows:
  3 13    684A.6  PROCEDURE.
  3 14    The supreme court may prescribe rules of procedure
  3 15 concerning the answering and certification of
  3 16 questions of law under this chapter, subject to
  3 17 section 602.4202.
  3 18    Sec. 108.  Section 101 through 108 of this Act,
  3 19 being deemed of immediate importance, take effect upon
  3 20 enactment." 
  3 21 
  3 22 
  3 23                               
  3 24 LAMBERTI of Polk 
  3 25 HF 2338.201 77
  3 26 nh/jl/28
     

Text: H08084                            Text: H08086
Text: H08000 - H08099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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