Iowa Generic Motion for Continuance and Notice of Motion

State:
Multi-State
Control #:
US-01071BG
Format:
Word; 
Rich Text
Instant download

Description

A continuance is a postponement of a date of a trial, hearing or other court appearance. An order for a continuance may be requested from the court by one of the parties, or the parties may agree to stipulate to a continuance. A court is more likely to decline a continuance if there have been other previous continuances. A continuance may be requested for various reasons, such as unavailability of an attorney or interested party, necessity of extra time to prepare for the matter, and several other grounds.

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FAQ

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.

IT IS THEREFORE ORDERED AS FOLLOWS: Except in exigent or unusual circumstances, any continuance motion or request must be in writing, signed by the client, and filed not later than seven days before the court event for which rescheduling is requested.

Rule 1.509(2) adds to the permissible scope of interrogatories the amounts claimed for items of damages approved by the court in Gordon v. Noel, 356 N.W. 2d 559 (Iowa 1984), and the addresses of trial witnesses.

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.

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.

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.

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.

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Iowa Generic Motion for Continuance and Notice of Motion