Iowa Code 822.3A – Pro se filings by applicants currently represented by counsel
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Terms Used In Iowa Code 822.3A
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
822.3A Pro se filings by applicants currently represented by counsel.
1. Except as otherwise provided in subsection 3, an applicant seeking relief under section
822.2 who is currently represented by counsel shall not file any pro se document, including an application, brief, reply brief, or motion, in any Iowa court. The court shall not consider, and opposing counsel shall not respond to, such pro se filings.
2. This section does not prohibit an applicant for postconviction relief from proceeding without the assistance of counsel.
3. A represented applicant for postconviction relief may file the following pro se documents:
a. A pro se motion seeking disqualification of counsel, which a court may grant upon a showing of good cause.
b. A pro se notice of appeal.
2019 Acts, ch 140, §35; 2022 Acts, ch 1110, §2
See also §814.6A
1. Except as otherwise provided in subsection 3, an applicant seeking relief under section
822.2 who is currently represented by counsel shall not file any pro se document, including an application, brief, reply brief, or motion, in any Iowa court. The court shall not consider, and opposing counsel shall not respond to, such pro se filings.
2. This section does not prohibit an applicant for postconviction relief from proceeding without the assistance of counsel.
3. A represented applicant for postconviction relief may file the following pro se documents:
a. A pro se motion seeking disqualification of counsel, which a court may grant upon a showing of good cause.
b. A pro se notice of appeal.
2019 Acts, ch 140, §35; 2022 Acts, ch 1110, §2
See also §814.6A