Rule 1.505 – Timing and sequence of discovery

May 13, 2021 | Civil Procedure, Iowa

(1)Timing.

a. A party may not seek discovery from any source before the parties have conferred as required by rule 1.507, except in a proceeding exempt from initial disclosure under rule 1.500(1)(e), or when authorized by these rules, by stipulation, or by court order. In domestic relations proceedings, unless it has been stipulated or ordered that initial disclosures under rule 1.500(1)(d) need not be made, a party may not seek discovery from any source before the initial disclosures under rule 1.500(1)(d) have occurred.
b. The discovery moratorium of rule 1.505(1) applies only to actions commenced on or after January 1, 2015, provided that the court may in any case direct the parties to comply with all or part of the rule as part of a pretrial order.
(2)Sequence. Unless the court upon motion orders otherwise for the convenience of parties and witnesses and in the interests of justice, or the parties stipulate, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party’s discovery.

Iowa. R. Civ. P. 1.505

Report 1943; amendment 1957; amendment 1973; November 9, 2001, effective February 15, 2002; August 28, 2014, effective January 1, 2015; amended March 7, 2018, effective January 1, 2019.