In Iowa, in a civil Rule to Show Cause, filed under Iowa Code 528, if the opposing party wants to appear telephonically for a scheduled Settlement Conference, with his attorney in person, does Iowa Law require written notice?
I am the custodial parent and the child and I live out of state, therefore I am always allowed to appear telephonically. Opposing counsel had sent me an email stating, "you have no problem for XXX to appear telephonically right?" and I responded with, "Why does he need to, he lives 5 minutes away". the next thing I know, looking at Iowa Courts online, his attorney went ahead and filed a motion to have him appear telephonically. Isn't that an ex-parte order, as I was never given written notice, nor did I agree to it?
Family Law Attorney
It is not an ex-parte order, because it is not an order, just a Motion for an order. You can file a written resistance, and state your reasons, but your consent is not needed - if the Court finds there is a cause to grant your ex's Motion, it will grant it.
He is also not required to personally serve you notice of his Motion - he can mail or email it to you. The only thing not clear from your post is when did he file it? If he filed it the same day, or a couple days, before you saw it on IA Courts Online, then there's a chance you just have not received it yet. Also, if you have an attorney on record, then he is required to send your attorney notice, but not you.
Lastly, if this is an electronic case (on EDMS), then the EDMS notifications satisfy the notice requirement.