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Rule 1.507 – Discovery conference of the parties

May 13, 2021 | Civil Procedure, Iowa

(1)Conference timing. Except in a proceeding exempt from initial disclosure under rule 1.500(1)(e), a domestic relations proceeding, or when the court orders otherwise, the parties must confer as soon as practicable, but no later than 21 days after any defendant has answered or appeared. In cases transferred to the district court from the small claims court, the parties must confer as soon as practicable, but no later than 21 days after the date the case is docketed in the district court. The plaintiff must notify all parties of the discovery conference deadline. Except as otherwise stipulated or ordered by the court, the filing of a pre-answer motion under rule 1.421 does not affect the obligation to participate in the discovery conference or to make disclosures required by rule 1.500(1).
(2)Conference content; parties’ responsibilities. In conferring, parties must consider the nature and basis of their claims and defenses and the possibilities for promptly settling or resolving the case; make or arrange for the disclosures required by rule 1.500(1); discuss any issues about preserving discoverable information; and develop a proposed discovery plan. The attorneys of record and all unrepresented parties that have appeared in the case are jointly responsible for arranging the conference, for attempting in good faith to agree on the proposed discovery plan, and for submitting to the court within seven days after the conference a written report outlining the plan. The court may order the parties or attorneys to attend the conference in person. The discovery plan must be submitted in all events prior to the trial-setting conference.
(3)Discovery plan. The discovery plan will be included in Iowa Court Rule 23.5 -Form 2: Trial Scheduling and Discovery Plan, and except as otherwise ordered by the court, a discovery plan must state the parties’ views and proposals on the following:

a. Changes that should be made in the timing, form, or requirement for disclosures under rule 1.501(1), including a statement of when initial disclosures were made or will be made.
b. Subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused on particular issues.
c. Issues about disclosure, discovery, or preservation of electronically stored information, including the form or forms in which the information should be produced.
d. Issues about claims of privilege or of protection as trial preparation materials, including-if the parties agree on a procedure to assert these claims after production-whether to ask the court to include the parties’ agreement in an order under Iowa Rule of Evidence 5.502.
e. Changes that should be made to the limitations on discovery imposed under these rules, and other limitations that should be imposed.
f. Any other orders that the court should issue under rule 1.504 or under rule 1.602.
(4)Pretrial conference. Following the parties’ discovery conference, any party may request the court to convene a pretrial conference under rule 1.602 to resolve any objection or disputed issue identified in the parties’ discovery plan.

Iowa. R. Civ. P. 1.507

Report May 28, 1987, effective August 3, 1987; November 9, 2001, effective February 15, 2002; February 14, 2008, effective May 1, 2008; August 28, 2014, October 30, 2014, effective January 1, 2015; Court Order April 1, 2015, temporarily effective April 1, 2015, permanently effective June 1, 2015; amended March 7, 2018, effective January 1, 2019.

COMMENT:

Rule 1.507. The rule is substantially rewritten to provide that parties, including pro se litigants, have a duty to confer early in a case and cooperate in framing a discovery plan to submit to the court. The rule is patterned on the federal attorney conference rule, Federal Rule of Civil Procedure 26(f). Rule 1.507 envisions that the discovery conference will occur before the rule 1.906 trial-setting conference. The parties must submit the discovery plan within 7 days after the discovery conference, and initial disclosures are due within 14 days after the discovery conference.