Iowa Simple Motion Requesting Additional Time to Respond to a Civil Complaint

State:
Multi-State
Control #:
US-00832BG
Format:
Word; 
Rich Text
Instant download

Description

Time limits for pleading are regulated to a large extent by specific statute or rule in each jurisdiction. Generally, time extensions for serving or filing a pleading may be allowed by the court or provided for by stipulation of the parties. A large discretion is vested in the trial court with respect to time extensions on such terms as appear reasonable under the circumstances. If a defendant's motion is overruled, generally the defendant is entitled to file an answer even though the statutory period for answering has expired.

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FAQ

Rule 6.101 Time for appealing final orders and judgments appealable as a matter of right. 6.101(1) Time for filing a notice of appeal from final orders and judgments. a. Termination-of-parental-rights and child-in-need-of-assistance cases under Iowa Code chapter 232.

Under Iowa Rule of Civil Procedure 1.981(3), summary judgment is appropriate only when no genuine issue of material fact exists and the moving party is entitled to a judgment as a matter of law.

Any party may file a written response to a motion within ten days after the motion is served, unless the time period is extended or shortened by rules of the division or the presiding officer. The presiding officer may consider a failure to respond within the required time period in ruling on a motion.

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.

In addition to proceedings encompassed by rule 1.904(1), a rule 1.904(2) motion to reconsider, enlarge, or amend another court order, ruling, judgment, or decree will be considered timely if filed within 15 days after the filing of the order, judgment, or decree to which it is directed.

The action of a single justice or senior judge may be reviewed by the supreme court upon its own motion or a motion of a party. A party's motion for review of the action of a single justice or senior judge shall be filed within 10 days after the date of filing of the challenged order.

944(1) It is the declared policy that in the exercise of reasonable diligence every civil and special action, except under unusual circumstances, shall be brought to issue and tried within one year from the date it is filed and docketed and in most instances within a shorter time.

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.

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Iowa Simple Motion Requesting Additional Time to Respond to a Civil Complaint