Iowa Code 633.704 – Cooperation between courts
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Terms Used In Iowa Code 633.704
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
633.704 Cooperation between courts.
1. In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
a. Hold an evidentiary hearing.
b. Order a person in the other state to produce evidence or give testimony pursuant to procedures of that state.
c. Order that an evaluation or assessment be made of the respondent.
d. Order any appropriate investigation of a person involved in a proceeding.
e. Forward to the court of this state a certified copy of the transcript or other record of the hearing pursuant to paragraph “”a”” or any other proceeding, the evidence otherwise produced pursuant to paragraph “”b””, and any evaluation or assessment prepared in compliance with an order pursuant to paragraph “”c”” or “”d””.
f. Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent.
g. Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R.
§164.504, as amended.
2. If a court of another state in which a guardianship or protective proceeding is pending requests the assistance described in subsection 1, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
2010 Acts, ch 1086, §5, 24, 25; 2013 Acts, ch 90, §178
1. In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
a. Hold an evidentiary hearing.
b. Order a person in the other state to produce evidence or give testimony pursuant to procedures of that state.
c. Order that an evaluation or assessment be made of the respondent.
d. Order any appropriate investigation of a person involved in a proceeding.
e. Forward to the court of this state a certified copy of the transcript or other record of the hearing pursuant to paragraph “”a”” or any other proceeding, the evidence otherwise produced pursuant to paragraph “”b””, and any evaluation or assessment prepared in compliance with an order pursuant to paragraph “”c”” or “”d””.
f. Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent.
g. Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R.
§164.504, as amended.
2. If a court of another state in which a guardianship or protective proceeding is pending requests the assistance described in subsection 1, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
2010 Acts, ch 1086, §5, 24, 25; 2013 Acts, ch 90, §178