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Rule 1.602 – Pretrial conferences; scheduling; management

May 13, 2021 | Civil Procedure, Iowa

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.

Iowa. R. Civ. P. 1.602

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.