INVITATION TO RETIREMENT RECEPTIONS HONORING CHIEF JUDGE REMLEY ON SEPTEMBER 1 AND 3 LCBA SEPTEMBER MEETING SEPTEMBER 17

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1 Vol. 32, No. 1 THE SCRIPTUM August 31, 2009 INVITATION TO RETIREMENT RECEPTIONS HONORING CHIEF JUDGE REMLEY ON SEPTEMBER 1 AND 3 There will be a retirement reception honoring Chief Judge David M. Remley at the Linn County Courthouse on September 1 from 2-4:30 p.m. Another reception will be held at the Jones County Courthouse on September 3 from 2-4:30 p.m. LCBA SEPTEMBER MEETING SEPTEMBER 17 The Annual Meeting of the Linn County Bar Association will be held Thursday, September 17, 2009, from 12-1 p.m. at the Cedar Rapids Museum of Art on Third Avenue SE across from Greene Square Park. The meeting room is located on the third floor. Parking is available behind the building on the Second Avenue side. The speaker will be Jim Efting, Mock Trial Regional Coordinator. An excerpt from a mock trial presentation will be given. Lunch will be catered by Biaggi s. The cost is $7. RSVPs are required only if you plan to attend. Please respond by 2:00 p.m. on Wednesday, September 15, 2009 to Rebekah Isbell at Lynch Dallas, via phone at , ext. 119, or via at risbell@lynchdallas.com. RETIREMENT OF SCRIPTUM EDITOR After 30 years putting together the monthly issues of this publication, our Scriptum Editor Mary Klinger retired this summer. For any updates to the Scriptum, please send them to webmaster@linncobar.org.

2 JUDICIAL BRANCH ADDRESSES TRANSITION COMPLETE As of August 31, 2009, Judicial Branch personnel addresses will all end only. addresses ending will no longer work. ISBA FIND-A-LAWYER PROGRAM SEEKING REPRESENTATIVES The Iowa State Bar Association s FIND-A- LAWYER Program needs at least two representatives in each county to meet the demand for legal services by Iowa citizens. Last month alone, nearly 2,100 people contacted the ISBA s web-based FIND-A- LAWYER program seeking assistance. Please refer to the Iowa State Bar Association web site for more information: If you are interested in joining the ISBA FIND-A- LAWYER Program, please Mary Hill at mhill@iowabar.org for the application. PROPOSED LOCAL RULE CHANGES FOR U.S. DISTRICT COURTS The U.S. District Courts for the Northern and Southern Districts of Iowa have issued a Notice and Proposed Local Rule Changes. The notice contains information about the changes and contact information for any comments you may wish to make. The Notice can be viewed here: Local Rules Proposed: Local Rules Redline: For any questions, contact the Courts Information Technology Department at AMENDMENTS TO IOWA COURT RULES Since the last Scriptum, several Iowa Court Rules have been amended. They are as follows: Effective immediately as of June 29, 2009: Iowa Rule of Appellate Procedure Service by Rule 6.701(7)

3 Temporarily amended June 29, 2009, effective immediately; permanently effective August 28, 2009: Iowa Court Rules Service by Iowa Rule of Civil Procedure 1.453; Iowa Rule of Criminal Procedure 2.34 (temporarily amended, effective immediately, permanently effective August 28, 2009); Emancipation of minors, Rules of Juvenile Procedure 8.35; Iowa Rules of Appellate Procedure Service by Rule 6.701(7) Effective immediately as of July 27, 2009: Iowa Court Rules 35.19, 35.20, Filing Certificates of Noncompliance Effective immediately as of August 10, 2009: Iowa Court Rule Oral Argument, Rule 21.24; Admission to the Bar Rules 31.12, 35.1, 39.14, 42.7, 47.3, and 47.5; Rule 47.6 adopted Old Rules renumbered Effective October 9, 2009: Deposition subpoena 1.715; Court reporter memorandum 1.903(3); Judgment on the pleadings 1.954; Subpoena 1.701; Forms 12,13, 14 and 15, For more information and to see the Amendments, go to: New_Rules /index.asp NEW SUPERVISORY RULE FROM SIXTH JUDICIAL DISTRICT A Supervisory Order and exhibit were filed July 28, 2009 by the Sixth Judicial District of Iowa. The Order adopts four Local Rules relating to unresisted motions, routine motions and proposed orders, service of motions to withdraw, and orders allowing counsel to withdraw. The Order and exhibit can be viewed here: Supervisory Order and Exhibit to Order. Signed and file-stamped copies of the Order can be obtained from the Linn County Clerk's office. REMINDER: NEW AND INCREASED FILING FEES Effective May 27, 2009, court fees and costs increased in amount and a new fee took effect, as follows: New court fee: For a lis pendens $50 Increased court fees:

4 Filing a civil petition $185 Filing a modification of dissolution petition $100 Filing a small claims case $85 Filing an appeal from small claims $185 Filing a statutory lien $50 Fee for certificate and seal $20 Fee for change of title in real estate (except in probate) $50 Court Reporter fee $40/day Higher criminal penalty surcharge: Increased to 35% of amount of fine or forfeiture WANT ADS Associate Wanted for Downtown Law Office. Prime downtown office space available in the Dows Building. Newer office equipment, large office, very reasonable. Case referrals available. All inquiries to ; ask for Mary. Office Space Available. Office space is available with other sole practitioners in the historic Averill House located in a developing medical area, nd Avenue S.E., Cedar Rapids. Includes phone system with voice mail, DSL, two conference rooms, free client parking and available paralegal services. Furnishings and office equipment available. Very reasonable overhead expense. Contact Wm. F. Olinger at or wmfolinger@aol.com. Space Available Fully-equipped office space available for attorney(s) and staff at Suite 1010, 425 Plaza (APAC) Building. Call Jon McCright, Gary Shea or Guy Booth at Office Space Available Newly redesigned and finished office space available for office share arrangement on the 12th floor of Plaza 425 (the former APAC Building). Convenient parking available in immediately-adjacent parkade connected by skywalk. Contact Pete Leehey at pleehey@leeheylaw.com for details. Space Available: Fully-equipped office space available. Exceptional location and facilities. Possible case referrals. Responses held in strictest confidence. Reply to Office Space, P. O. Box 1261, Cedar Rapids, IA Vacation Rental - Two hours & 15 minute drive to this one-bedroom, one bath, fullyfurnished Condo, sleeps four to six at the Pilot House in Clear Lake. $550 for Saturday thru Saturday during the Summer. Indoor and outdoor pools. Beautiful view of boat harbor from third floor window and deck. Contact Lew Eells at

5 WEBSITE FOR EMPLOYERS TO SEEK EMPLOYEES Kirkwood Community College offers an online Employers Services, available at no charge, 24 hours a day, 7 days a week. To learn more about this topic, call or go to jobs@kirkwood.edu. HELP WANTED ADS PUBLISHED FOR FREE As a service to the legal community, Legal Support Professionals of Linn County ( LSPLC ) will publish your help wanted ad in its monthly publication, Behind the Bar. The organization will the ad to its members, who in turn may know of someone looking for work in the legal community. If you have questions about this service, or if you would like to publish an ad in Behind the Bar, the monthly newsletter of LSPLC, please contact Mickala Anderson, Employment Committee Chair, at , fax ; or manderson@aegonusa.com UPDATED, CORRECT ADDRESSES REQUESTED If you know of someone who is not receiving this publication via , please contact the LCBA Webmaster at webmaster@linncobar.org so the correct address for that individual may be added to the list. LCBA MEMBER CONTACT INFO ON LCBA WEBSITE - UPDATE YOURS TODAY! Did you know contact information for all LCBA members is available to the public via the LCBA website? However, some of the contact information listed on the website is out of date! Please take a minute to view the information listed for your name at and let the LCBA webmaster know if any changes need to be made. You can contact the webmaster from the LCBA website by clicking on the "Contact" link at the top of the LCBA home page. NOTIFICATIONS OF CHANGES OF ADDRESS If you have a new address, please notify the Linn County Bar Association at P. O. Box 74127, Cedar Rapids, IA , or via at webmaster@linncobar.org. USURY RATE In accordance with the provisions of Section 535.2(3)(a), 2009 Iowa Code, the Superintendent of Banking has determined that the maximum lawful rate of interest provided for in said section shall be 5.25% for the month of July; 5.75% for the

6 month of August; and 5.50% for the month of September. Please note the exemption in subsection 2 of said Chapter The usury rate is available at