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Rule 1.903 – Trial of issues; reporting

May 13, 2021 | Civil Procedure, Iowa

1. 903(1)Trial of issues. All issues shall be tried to the court except those for which a jury is demanded. Issues for which a jury is demanded shall be tried to a jury unless the court finds that there is no right thereto or all parties appearing at the trial waive a jury in writing or orally in open court.
1. 903(2)Reporting. Unless waived by the parties, all trial proceedings shall be reported including:

a. All oral comments or statements of the court during the progress of the trial, any objections, and the court’s rulings.
b. The proceedings impaneling the jury, any objections, and the court’s rulings.
c. Opening statements, any objections, and the court’s rulings.
d. The oral testimony, offers of proof, any objections, and the court’s rulings.
e. The fact that the testimony was closed to the public.
f. The identification of exhibits, by letter or number or other appropriate mark, all written or other evidence offered, any objections, and the court’s rulings.
g. All motions or other pleas made during the trial, any objections, and the court’s rulings.
h. Closing arguments, any objections, and the court’s rulings.
i. The return of the verdict.
j. Any other proceedings before the court or jury which might be preserved and made of record by a bill of exceptions.
1. 903(3)Court reporter memorandum. Promptly after reporting a proceeding a court reporter shall file a memorandum that includes all of the following:

a. The type of proceeding that was reported.
b. The date(s) on which the proceeding occurred.
c. The name of the court reporter who reported the proceeding.
d. The name of the judge who presided over the proceeding.
e. The reporting fee for the proceeding.

The court reporter shall use the court reporter memorandum form found in rule 1.1901, form 12. The form shall be signed by the court reporter. The court reporter is not required to serve the memorandum on the parties. The district court clerk shall enter the memorandum on the docket. This memorandum shall constitute the certification required by Iowa Code section 624.10.

1. 903(4)Transcripts–rates for transcribing a court reporter’s official notes. Pursuant to Iowa Code section 602.3202, the maximum compensation of shorthand reporters for transcribing their official notes shall be as provided in Iowa Ct. R. 22.28.

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Iowa. R. Civ. P. 1.903

Report 1943; November 9, 2001, effective February 15, 2002; April 27, 2006, effective July 1, 2006; March 15, 2007, effective June 1, 2007; July 31, 2008, effective October 1, 2008; August 10, 2009, effective October 9, 2009.