Iowa Code 229.44 – Venue
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1. Venue for hospitalization proceedings shall be in the county where the respondent is found, unless the matter is transferred pursuant to Iowa court rule 12.15 for the involuntary hospitalization of persons with mental illness, in which case venue shall be in the county where the matter is transferred for hearing.
Terms Used In Iowa Code 229.44
- Clerk: means the clerk of the district court. See Iowa Code 229.1
- Continuance: Putting off of a hearing ot trial until a later time.
- Court: shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. See Iowa Code 252A.2
- Mental illness: means every type of mental disease or mental disorder, except that it does not refer to an intellectual disability as defined in section 4. See Iowa Code 229.1
- Respondent: means any person against whom an application has been filed under section 229. See Iowa Code 229.1
- Rule: includes "regulation". See Iowa Code 4.1
- Venue: The geographical location in which a case is tried.
2. After an order is entered pursuant to section 229.13 or 229.14, the court may transfer proceedings to the court of any county having venue at any further stage in the proceeding as follows:
a. When it appears that the best interests of the respondent or the convenience of the parties will be served by a transfer, the court may transfer the case to the court of the county of the respondent’s residence.
b. When it appears that the best interests of the respondent or the convenience of the parties will be served by a transfer, the court may transfer the case to the court of the county where the respondent is found.
3. If a proceeding is transferred, the court shall contact the court in the county which is to be the recipient of the transfer before entering the order to transfer the case. The court shall then transfer the case by ordering a transfer of the matter to the recipient county, by ordering a continuance of the matter in the transferring county, and by forwarding to the clerk of the receiving court a certified copy of all papers filed, together with the order of transfer. The referee of the receiving court may accept the filings of the transferring court or may direct the filing of a new application and may hear the case anew.