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Iowa R. Civ. P. 1.602

Pretrial conferences; scheduling; management

activein force · 2008-05-01 – presentact-effective-date

1.602(1) Pretrial conferences; objectives. In any action, the court may in its discretion direct

the attorneys for the parties and any unrepresented parties to appear before it for a conference or

conferences before trial for such purposes as:

a. Expediting the disposition of the action.

b. Establishing early and continuing control so that the case will not be protracted because of lack

of management.

c. Discouraging wasteful pretrial activities.

d. Improving the quality of the trial through more thorough preparation.

e. Facilitating the settlement of the case.

1.602(2) Scheduling and planning.

a. Upon application of any party or on the court’s own motion, except in categories of cases

exempted by supreme court rule as inappropriate, the court or its designee shall enter a scheduling

order setting time limits for all of the following:

(1) Joining other parties.

(2) Designating experts.

(3) Completing discovery.

(4) Amending the pleadings.

(5) Filing and hearing motions.

b. After consulting with the attorneys for the parties and any unrepresented parties, the court may

also order any of the following:

(1) Special procedures, including assignment to a single judge, for managing potentially difficult

or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or

unusual proof problems.

(2) Provisions for discovery of electronically stored information.

(3) Any agreements the parties reach for asserting claims of privilege or of protection as

trial-preparation materials after production.

(4) The date or dates for conferences before trial, a final pretrial conference and trial.

(5) Any other matters appropriate in the circumstances of the case including extension of those

deadlines which are then justified.

c. A schedule shall not be modified except by leave of the court upon a showing of good cause.

1.602(3) Subjects to be discussed at pretrial conferences. The court at any conference under this

rule may consider and take action with respect to the following:

a. The formulation and simplification of the issues, including the elimination of frivolous claims

or defenses.

b. The necessity or desirability of amendments to the pleadings.

c. The possibility of obtaining admissions of fact and of documents which will avoid unnecessary

proof, stipulations regarding the authenticity of documents, and advance rulings from the court on

the admissibility of evidence.

d. The avoidance of unnecessary proof including limitation of the number of expert witnesses and

of cumulative evidence.

e. The identification of witnesses and documents, the need and schedule for filing and exchanging

pretrial briefs, and the date or dates for further conferences and for trial.

f. The advisability of referring matters to a master.

g. The possibility of settlement and imposition of a settlement deadline or the use of extrajudicial

procedures to resolve the dispute.

h. The substance of the pretrial order.

i. The disposition of pending motions.

j. Settling any facts of which the court is to be asked to take judicial notice.

k. Specifying all damage claims in detail as of the date of conference.

l. All proposed exhibits and mortality tables and proof thereof.

m. Consolidation, separation for trial, and determination of points of law.

n. Questions relating to voir dire examination of jurors.

o. Filing of advance briefs when required.

p. Such other matters as may aid in the disposition of the action.

At least one of the attorneys for each party participating in any conference before trial shall have

authority to enter into stipulations and to make admissions regarding all matters that the participants

may reasonably anticipate may be discussed.

1.602(4) Final pretrial conference. A final pretrial conference shall be held as close to the time of

trial as reasonable under the circumstances. The participants at any such conference shall formulate

a plan for trial, including a program for facilitating the admission of evidence. The conference shall

be attended by at least one of the attorneys who will conduct the trial for each of the parties and by

any unrepresented parties.

1.602(5) Sanctions. If a party or party’s attorney fails to obey a scheduling or pretrial order, or

if no appearance is made on behalf of a party at a scheduling or pretrial conference, or if a party or

party’s attorney is substantially unprepared to participate in the conference, or if a party or party’s

attorney fails to participate in good faith, the court, upon motion or the court’s own initiative, may

make such orders with regard thereto as are just, and among others any of the orders provided in rule

1.517(2)(b)(2) - (4). In lieu of or in addition to any other sanction, the court shall require the party or

the attorney representing that party or both to pay the reasonable expenses incurred because of any

noncompliance with this rule, including attorney’s fees, unless the court finds that the noncompliance

was substantially justified or that other circumstances make an award of expenses unjust.

History

[Report 1943; amendment 1961; amendment 1979; amendment 1982; amendment 1983; Report June 16, 1987, effective September 1, 1987; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002; February 14, 2008, effective May 1, 2008]

Provenance

Source
www.legis.iowa.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
a5b26c2f945609846e5db32b7a3780f2bf8ddf90259ae6b0a1e6bb3c48930171
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