[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [County Court Address] [City, State, ZIP Code] Re: Motion for Substitute Counsel of Record Dear [Judge's Last Name], I, [Your Name], am I writing to request a substitution of counsel in the case [Case Name], currently pending before this Honorable Court. I am seeking this substitution due to irreconcilable differences and breakdown in communication between myself and my current attorney, [Current Attorney's Name], who is representing me in the aforementioned case. I am disheartened to admit that despite my best efforts and intentions, I find it increasingly difficult to sustain a healthy attorney-client relationship with [Current Attorney's Name]. Our communication has become strained and ineffective, which has resulted in a lack of trust and cooperation. The breakdown in communication has adversely impacted my ability to actively participate in my own defense and adequately explain critical issues related to my case. I firmly believe that effective legal representation necessitates a robust attorney-client relationship built on trust, open lines of communication, and a shared commitment to achieving the best possible outcome. Unfortunately, the current circumstances impede the establishment of such an essential foundation. Given the critical stage of the proceedings and the personal importance of this case, I respectfully request that this Honorable Court approve my motion for substitution of counsel. By allowing me to obtain a substitute counsel of record, I believe that justice will be better served, and my rights as a defendant will be adequately protected. I have identified a qualified and experienced attorney, [Preferred Attorney's Name], who is willing and ready to take over as my new legal representative. [Preferred Attorney's Name] has extensive experience in handling similar cases and has shown a remarkable commitment to diligently representing his/her clients. I firmly believe that this substitution will significantly improve the effectiveness and efficiency of my defense, as well as restore my confidence in the legal process. In support of my motion, I have attached the necessary documentation, including a signed consent from [Preferred Attorney's Name] to serve as my substitute counsel of record. I kindly request that the Court schedule a hearing on this matter at its earliest convenience. During the hearing, I will be prepared to present additional evidence and provide further clarification, if necessary. I truly appreciate the Court's attention to this important matter and remain fully committed to upholding the principles of justice throughout this proceeding. Your favorable consideration of this motion will ensure that my constitutional rights to effective assistance of counsel and due process are duly protected. Thank you for your time and consideration. Sincerely, [Your Name]
Iowa Sample Letter for Motion for Substitute Counsel of Record
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When service is made by email, the time to respond is computed ing to the Iowa Rules of Civil Procedure. (2)Filing notice of discovery requests and responses. Parties must file a notice with the court when serving a request for discovery, a response to discovery, or a notice of deposition on another party.
Rule 1.910 - Motions for continuance 1. 910(1) Motions for continuance shall be filed without delay after the grounds therefor become known to the party or the party's counsel. Such motion may be amended only to correct a clerical error.
A temporary injunction may be allowed under any of the following circumstances: 1. 1502(1) When the petition, supported by affidavit, shows the plaintiff is entitled to relief which includes restraining the commission or continuance of some act which would greatly or irreparably injure the plaintiff.
Unless otherwise ordered by the court, no deposition, notice of deposition, interrogatory, request for production of documents, request for admission, or response, document or thing produced, or objection thereto shall be filed with the clerk.
An attorney can issue a subpoena without a court file being opened, but if the clerk issues a blank subpoena, a court file must be opened and will collect a $50 fee. Rule 1.1702(5). A court file will also be opened for any motions relating to the subpoena and the clerk will collect a $50 fee then as well.
In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.
In addition, rule 1.943 allows for voluntary dismissal of the plaintiff's petition without prejudice once as a matter of right. Id. r. 1.943.
The clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service. A request may be made either orally or in writing. An attorney licensed or otherwise authorized to practice law in Iowa also may issue and sign a subpoena as an officer of the court.
