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Rule 1.431 – Motion practice; generally

May 13, 2021 | Civil Procedure, Iowa

1. 431(1) A motion is an application made by any party or interested person for an order related to the action. It is not a “pleading” but is subject to the certification requirements of rule 1.413(1).
1. 431(2) Each motion filed shall be captioned and signed in accordance with rule 1.411 and shall set out the specific points upon which it is based.
1. 431(3) A concise memorandum brief citing supporting authorities may be served in accordance with rule 1.442(4).
1. 431(4) Unless otherwise ordered by the court or provided by rule or statute, each party opposing the motion shall file within ten days after a copy of the motion has been served a written resistance to the motion. A concise brief citing supporting authorities may be served in accordance with rule 1.442(4).
1. 431(5) Within seven days after service of the resistance or before any hearing on the motion, whichever is earlier, the movant may file a reply and serve a concise reply brief in accordance with rule 1.442(4) to assert newly decided authority or to respond to new and unanticipated matters. The reply brief should not reargue points made in the opening brief.
1. 431(6) Evidence to sustain or resist a motion may be made by affidavit or in any other form to which the parties agree or the court directs. The court may require any affiant to appear for cross-examination.
1. 431(7) The trial court shall rule on all motions within 30 days after their submission, unless it extends the time for reasons stated of record.
1. 431(8) The clerk of each court shall maintain a motion calendar on which every motion filed shall be entered. It shall be arranged to show the following:

a. Docket, page and cause number of action in which filed.
b. Abbreviated title of the case with surname of the first-named party on each side.
c. Counsel of record for parties.
d. Denomination of the motion.
e. Date filed.
f. Party by whom filed.
g. Date entered on calendar.
h. Date of disposition by ruling, order or otherwise.

Separate motion calendars for law, equity or other divisions may be maintained.

1. 431(9) The court may deem a motion under these rules submitted without hearing or may schedule a hearing, either in person or by telephone conference call, on the motion. The court shall, upon agreement of the parties, direct that the hearing be held by telephone conference call unless a party notifies the court that oral testimony will be offered. If the hearing is held by telephone conference call, the call shall be arranged and paid for by the party making the motion, unless the parties agree otherwise.
1. 431(10)Hearings on temporary orders pursuant to Iowa Code sections 598.10 and 600B.40A, whether testimony is taken or not, shall occur in the presence of the parties who have appeared for the hearing. If the court conducts the hearing by telephone or video conference, the parties are entitled to be present for the hearing by the same means the court uses to conduct the hearing.

Iowa. R. Civ. P. 1.431

Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002; January 7, 2010, effective March 8, 2010; March 9, 2010, effective May 10, 20100; amended temporarily effective February 14, 2017, permanently effective April 17, 2017.

COMMENT: Rule 1.431 is a consolidation of former Iowa Rs. Civ. P. 109, 116, 117(c), 117(e), 117(f), and portions of 117(a), all of which pertained to motions, filing of motions, evidence to sustain or resist them, placing them on the motion calendar, and the time within which they should be ruled upon.