Iowa Code r. 681-20.12 - Service and filing of pleadings and other papers
(1)
When service required.
Except where otherwise provided by law, every pleading, motion, document, or
other paper filed in a contested case proceeding and every paper relating to
discovery in such a proceeding shall be served upon each of the parties of
record to the proceeding, including the person designated as advocate or
prosecutor for the state or the board of regents, simultaneously with their
filing. Except for the original notice of hearing and an application for
rehearing as provided in Iowa Code section
17A.16(2), the
party filing a document is responsible for service on all parties.
(2)
Service-how made.
Service upon a party represented by an attorney shall be made upon the attorney
unless otherwise ordered. Service is made by delivery or by mailing a copy to
the person's last-known address. Service by mail is complete upon mailing,
except where otherwise specifically provided by statute, rule, or
order.
(3)
Filing-when
required. After the notice of hearing, all pleadings, motions,
documents or other papers in a contested case proceeding shall be filed with
the presiding officer, at the address provided in notices to the parties. All
pleadings, motions, documents or other papers that are required to be served
upon a party shall be filed simultaneously with the board of regents or, in the
case of a matter arising from one of the regent institutions, the president's
or superintendent's office of the regent institution.
(4)
Filing-when made. Except
where otherwise provided by law, a document is deemed filed at the time it is
delivered to the board of regents or as appropriate, the president's or
superintendent's office, delivered to an established courier service for
immediate delivery to that office, or mailed by first-class mail or state
interoffice mail to that office, so long as there is proof of
mailing.
(5)
Proof of
mailing. Proof of mailing includes either: a legible United States
Postal Service postmark on the envelope, a certificate of service, a notarized
affidavit, or a certification in substantially the following form:
|
I certify under penalty of perjury and pursuant to the laws of Iowa that, on (date of mailing), I mailed copies of (describe document) addressed to the (office and address) and to the names and addresses of the parties listed below by depositing the same in (a United States post office mailbox with correct postage properly affixed or state interoffice mail). |
|
|
(Date) |
(Signature) |
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.