Protected Information Form Many cases will require the filer to fill in and submit a Protected Information Form on the court’s website.18 These forms are specifically designed to protect sensitive information that is required to be filed. The information required to be submitted will vary with the type of case. The information submitted on a Protected Information Form should not be redacted. These forms are the electronic version of the Confidential Information Forms previously used by the Iowa courts. The use of Protected Information Form is mandatory for electronically filed cases. They replace the Confidential Information Form. If a filer is allowed by court order to file paper documents, then the traditional Confidential Information Form would be used rather than the Protected Information Form. There will be different Protected Information Forms depending on the type of case filed. At the time that this guide was printed, the Protected Information Forms had not been approved, but it is anticipated that they will look something like this: IN THE IOWA DISTRICT COURT FOR _________________ COUNTY Plaintiff(s) / Petitioner(s) Case No. __________________________________ vs. PROTECTED INFORMATION DISCLOSURE FORM Defendant(s) / Respondent(s) When protected information, as defined in Rule 16.602, is required by law to be included or is material to the case and is therefore included in non-confidential documents, a party shall record the protected information on this form and file it with the clerk of court. Refer to Court Rules: Chapter 16, Rules Pertaining to the Use of the Electronic Document Management System, Division VI, Protection of Personal Privacy for an explanation of responsibility and procedures for protecting personal information, Rule 16.602 for a list of protected information, and Rule 16.604 for a list of information that may be redacted. This form must be updated with additions, changes, or corrections to protected information per Rule 16.606(2). 18 Rule 16.606(1) Protected information form required 20 Plaintiff / Petitioner Name: (Last) _________________________ (First) ________________ (Middle)___________________________ Attach additional pages to add Plaintiff / Petitioner(s) Defendant / Respondent Name: (Last) _______________________ (First) _________________ (Middle) __________________________ Attach additional pages to add Defendant / Respondent(s) Protected Information Type Social Security number Financial account numbers Date of birth Individual taxpayer identification numbers Personal identification numbers Other unique identifying numbers Protected Information Public Information (see Rule 16.605) Protected Information Social Security number Financial account numbers Date of birth Individual taxpayer identification number Personal identification numbers Other unique identifying numbers Protected Information Public Information (see Rule 16.605) 21 Other Parties Name: (Last) _________________________ (First)_________________ (Middle)___________________________ Protected Information Social Security number Financial account numbers Date of birth Individual taxpayer identification number Personal identification numbers Other unique identifying numbers Protected Information Public Information (see Rule 16.605) Attach additional pages to add Other Parties Children Name: (Last) _________________________ (First)_________________ (Middle)___________________________ Protected Information Protected Information Public Information (see Rule 16.605) Name Social security number Name: (Last) _________________________ (First)_________________ (Middle)___________________________ Date of birth Name: (Last) _________________________ (First)_________________ (Middle)___________________________ Protected Information Name Social security number Date of birth Protected Information Public Information (see Rule 16.605) Attach additional pages to add Children Protected Information Name Social security number Date of birth Protected Information Public Information (see Rule 16.605) Date information supplied: ___________ [Name] /s/ _________________________________________________ [Law firm] ___________________________________________________ [Mailing Address] _____________________________________________ [Telephone Number] ______________________________________ [Email Address] _________________________________________ [Additional E-mail Address] _________________________________ 22 The filer must enter the complete information in the second column titled Protected Information. This information will not be displayed to the public. The filer should enter only a portion of the information in the third column titled Public Information as directed by the EDMS rules. This information may be displayed to the public. The filer is required to update the information submitted on Protected Information Forms if it changes or if new information is obtained.19 When protected information is material to the case, a redacted version of the information should also be filed. In Camera Inspection A motion for in camera inspection should be filed by selecting Motion for In Camera Inspection as a document category. This category allows the document to be filed with the motion. The filer should use the Document Comment Field on the Add a Document Screen if the judge requests to see counsel in chambers regarding a document. The document in question is usually not brought in until after the motion is ruled upon. Viewing Documents in a Case Only registered users who are parties to a case may view the documents in that case. The general public may view all documents of public record that are not confidential or sealed by accessing the public information terminal in the county court house of the county where the document was filed. They will not be able to view cases in other counties from a public information terminal. Registered Iowa attorneys may view case history of any case that is not confidential or sealed if they know the county, the case number and the last name of a 19 Rule 16.606(2) Supplementing protected information form 23 party. The attorney is able to see the names of the participants and the titles and the filing dates of any documents that have been filed. 24 REGISTRATION20 Registration is required to use EDMS. The registered user who is a party to a case, or their registered attorney, may view, print and file documents in that case online or by using the public information terminal at the court house. By registering with EDMS the user consents to electronic service of courtgenerated documents and documents filed electronically by other parties.21 Anything filed, viewed or downloaded using a login and password is deemed done by the registered user. Registered users are required to monitor their email account. They are also required to promptly update EDMS if there are changes in their email address, mailing address or telephone number. These changes must also be sent in paper form to all nonregistered parties of all active cases in which they participate. The screen shots of the EDMS system as illustrated were accurate at the time this guide was published. The court can and will update the actual EDMS screens from time to time when necessary. They may appear differently than the illustrations in this guide. To register, users must first access the court’s website using the public information terminal at the court house or from any Web browser. 20 Rule 16.305 Registration, logins, and passwords 21 Rule 16.317 Service of documents subsequent to original notice 25 The Welcome eFiling screen will be displayed: Select Request Account. 26 Please note that if a user withdraws from EDMS, that user has not withdrawn from a case nor is the user authorized to file non-electronically. Read carefully and accept the user agreement. Select Submit. 27 Select the role of the user. Registered Filer: Select if the user is an individual who is not represented by an attorney. Attorney: Select if the user is an attorney, licensed in the state of Iowa. Agent: Select if the user is the registered agent or other authorized representative of a corporation or other legal entity. A president, filing on behalf of a corporation that is not represented by an attorney would be an example. Non-lawyers are not allowed to be agents of individuals. Government Agency: Select if the user is authorized to file documents on behalf of a governmental agency. Juvenile Court Services: Select if the user is authorized to file documents on behalf of the Juvenile Court. 28 Pro Hac Vice Attorney: Select if the user is an attorney who is not licensed in the State of Iowa. Specialized Non-Party Filers: Select if the user is not a participant in a case, but will be filing documents. An example would be a doctor filing a report in a juvenile case. If Registered Filer is selected, the Request User Account screen will be displayed. If any other selection is made, the user will be diverted to the Select a Company screen before proceeding to the Request User Account screen. Select the name of the user’s law firm, company or governmental agency. If the user is the first person from the entity to register, select NEW and enter the company name. Select Next to proceed to the Request a User Account screen. 29 Request a User Account: The user must enter information in the required fields. 30 User Name: First name, middle initial and last name are recommended. If the system responds that the User Name you entered is already in use, change the User Name by adding an identifying number or special character until the system accepts your User Name. Password: To choose a strong password, it is recommended that you select a combination of upper and lower case letters, a numeral and a special character for a total of at least nine characters. Remember that the user is responsible for all documents filed under the user name and password. Confirm Password: Re-enter the password. Title: The user may enter a title such and Mr., Ms. or Dr. First Name and Last Name are required fields. Email address: a required field. Notice of Electronic Filing and other court notices will be sent to this email address. It is recommended that any additional information available be entered in the remaining fields. Submit: Successful entry of information will complete the registration and assign a Personal Identification Number (PIN). The user will receive their PIN by email. Please note: Only one PIN will be assigned to each user. PINs may not be shared except within law offices. Users must file their own documents using their own PINs. There is no age requirement to obtain a PIN. Minors are allowed to register since they are allowed to file documents under current law. 31 An officer, employee, or other non-lawyer representative who is authorized by law may register and obtain a PIN for their corporation, partnership, association, tribe or LLC. Documents filed by these unrepresented entities may be filed by their officers or other authorized individuals. Attorneys Registration with EDMS is effective statewide. Attorneys must register under their own names, since law firms are not allowed to file. An Iowa attorney must have an ICIS PIN to register with EDMS. Attorney PINs start with AT followed by a unique number. At registration, attorneys licensed in Iowa will be assigned the same PIN assigned by ICIS. Attorneys may only have one physical address on file. They need to enter the address only once, and it will be effective in all counties. The following apply to licensed attorneys only: Licensed attorneys are authorized to use their PINs to file documents on behalf of others (their clients). They may allow their staff to use their PIN to file documents. They are not authorized to allow anyone other than their firm employees, partners, members or other authorized personnel to use their PIN. Attorneys are responsible for all filings made with their assigned PIN. Anything filed, viewed or downloaded using their PIN is deemed to have been done by the attorney. Law firms are not eligible to receive a PIN. Each attorney must apply for a PIN individually. Law firms should be entered as the company when registering, but they will not be given a PIN for filing. 32 Attorneys appearing Pro Hac Vice Attorneys appearing pro hac vice22 must have their applications submitted online by an attorney who is both licensed in Iowa and an Iowa resident. If approved by the court, the out-of-state attorney will be allowed to apply for a PIN that begins with PHV, followed by a unique number. An attorney who appears in multiple cases pro hac vice must make an application and receive approval from the court for each case, but the same PIN will be assigned. Lost passwords Users are strongly cautioned to protect their user name and password. Lawyers are encouraged to change their password whenever they have staff turnover. If a registered user name or password is lost, misappropriated or compromised in any way, users must notify EDMS.23 When notified, EDMS will immediately suspend the compromised PIN. It may take some time for the court to issue new credentials. Each document associated with that PIN for all open cases may need to be reviewed. Refusal of access or PIN revocation The court may refuse to allow a user to file or access the EDMS system for good cause. 24 The user must then file an application with the court to regain access. This rule prevents unethical users from filing numerous lawsuits of a frivolous nature. The court will revoke the PIN of any attorney whose license is suspended or revoked. The disbarred attorney will then only be able to access cases online in which the attorney represents himself or herself. All parties to the cases in which the disbarred attorney has appeared will receive electronic notice of the court’s action. 22 Iowa Court Rule 31.14 Admission pro hac vice 23 Rule 16.305(2) d Logins and passwords 24 Rule 16.305(2) e Logins and Passwords 33 Nonregistered Filers If the chief judge of the district or the chief judge’s designee authorizes the paper filing in a pending case upon the showing of exceptional circumstances, the clerk will scan the paper documents into EDMS. If the filer wants a paper document returned after filing, the filer must provide a self-addressed stamped envelope with the document when it is filed with the clerk. If no self-addressed stamped envelope is provided, the clerk will shred the document after it is filed. Users should be aware that after EDMS is fully implemented in a county, there will be no paper documents stored in the clerk’s office. The filer is only required to serve paper documents on the nonregistered parties required by Iowa Rule of Civil Procedure 1.442 and Iowa Rule of Criminal Procedure 2.34(2).25 25 16.317(2) Service of documents filed by nonregistered filers 34
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