Iowa District Court Motion for Continuance

MOTION FOR CONTINUANCE OF [TRIAL / HEARING / PROCEEDING]

IOWA DISTRICT COURT

PART I: CASE CAPTION AND FILING INFORMATION

IN THE IOWA DISTRICT COURT FOR [________________________________] COUNTY

MOTION FOR CONTINUANCE OF [TRIAL / HEARING / PROCEEDING]

Date Filed: [__/__/____]
Event Currently Scheduled: [________________________________]
Current Date of Event: [__/__/____]
Requested New Date: [__/__/____] or the first available date convenient to the Court
Filing Attorney: [________________________________]
Attorney No.: [________________________________]

PART II: MOTION

COMES NOW [________________________________] ("Moving Party"), [☐ Plaintiff / ☐ Defendant / ☐ Other: ________________________________], by and through undersigned counsel, and respectfully moves this Court for a continuance of the [trial / hearing / proceeding] currently scheduled for [__/__/____], pursuant to Iowa Rules of Civil Procedure 1.910 and 1.911, and in support thereof states as follows:

A. Compliance with Iowa Rule 1.910

1. Pursuant to Iowa Rule of Civil Procedure 1.910, this motion is signed by counsel and:

☐ Has been approved in writing by the party represented (written approval attached as Exhibit [____]).

☐ The requirement of written party approval has been waived by court order dated [__/__/____].

2. This motion is not made ex parte. All parties have been served or will be served contemporaneously with the filing of this motion.

3. This motion is filed [____] days before the scheduled [trial / hearing / proceeding].

B. Procedural Background

4. This action was commenced on or about [__/__/____].

5. The [trial / hearing / proceeding] in this matter is currently scheduled for [__/__/____] at [____] [a.m./p.m.] before the Honorable [________________________________].

6. A scheduling order was entered pursuant to Iowa Rule of Civil Procedure 1.602 on [__/__/____].

7. The following prior continuances have been granted in this matter:

☐ No prior continuances have been requested or granted.

☐ Prior continuances:

C. Grounds for Continuance Under Iowa Rule 1.911

8. Good cause exists for this continuance based on the following grounds (check all that apply):

☐ Absence of Material Evidence (Iowa R. Civ. P. 1.912). Material evidence that cannot be obtained in time for the scheduled date is described in the supporting affidavit attached hereto. The affidavit includes the required statements under Rule 1.912 regarding: (a) the nature of the evidence; (b) its materiality; (c) due diligence exercised to obtain it; (d) the expectation that it can be procured by a stated future date; and (e) that this motion is not made for delay.

☐ Absence of Material Witness. [________________________________], a material witness, is unavailable for the scheduled date because [________________________________]. The supporting affidavit sets forth: the witness's name and last known address; the facts to which the witness would testify; the materiality of the testimony; due diligence used to procure attendance; and the probability of obtaining the testimony within a reasonable time.

☐ Scheduling Conflict of Counsel. Undersigned counsel has a conflicting obligation in [________________________________] (Case No. [________________________________]) scheduled for [__/__/____]. The conflict was set [before / after] the date in this case. A copy of the conflicting scheduling order is attached as Exhibit [____].

☐ Unavailability of Party. [________________________________] is unavailable on the scheduled date due to [________________________________].

☐ Incomplete Discovery. Through no fault of the Moving Party, discovery remains incomplete. Specifically: [________________________________]. The Moving Party has diligently pursued outstanding discovery, including: [________________________________].

☐ Recently Produced or Disclosed Evidence. On [__/__/____], [________________________________] produced or disclosed [________________________________], requiring additional time for [review / analysis / expert evaluation / deposition].

☐ Pending Dispositive Motion. A [motion for summary judgment / motion to dismiss / other: ________________________________] filed on [__/__/____] remains pending.

☐ Settlement Negotiations / Mediation. The parties are engaged in active good faith settlement discussions [and/or have mediation scheduled for [__/__/____]].

☐ Expert Witness Issues. The Moving Party's expert, [________________________________], [is unavailable on the date / requires additional time to complete analysis / was recently retained].

☐ Medical or Health Emergency. [Counsel / a party / a material witness] is experiencing a medical condition preventing [attendance / meaningful participation]. Supporting documentation is attached as Exhibit [____].

☐ Substitution of Counsel. New counsel entered an appearance on [__/__/____] and requires additional time to prepare, as the case involves [________________________________].

☐ Other Good Cause. [________________________________]

D. Detailed Factual Statement

9. The specific facts supporting this request are as follows:

[________________________________]

[________________________________]

[________________________________]

E. Diligence of Moving Party

10. The Moving Party has exercised due diligence in preparing this case and in seeking this continuance:

a. The Moving Party first learned of the need for a continuance on [__/__/____].

b. This motion is filed [____] days before the scheduled event.

c. Steps taken to minimize delay: [________________________________].

d. The Moving Party has complied with all prior scheduling orders and deadlines.

PART III: CERTIFICATE OF CONFERRAL

11. Undersigned counsel certifies that:

☐ On [__/__/____], counsel conferred with counsel for [________________________________] regarding this motion:

☐ Opposing counsel does not oppose the continuance.

☐ Opposing counsel opposes the continuance for the following reasons: [________________________________]

☐ Opposing counsel takes no position on the continuance.

☐ On [__/__/____], counsel conferred with all other parties or their counsel:

☐ Consent of All Parties (Iowa R. Civ. P. 1.913). All parties consent to this continuance. Written stipulation is attached as Exhibit [____]. The Moving Party respectfully requests the Court grant the continuance by consent pursuant to Rule 1.913.

☐ Despite diligent efforts, counsel was unable to reach opposing counsel to confer. Efforts included: [________________________________].

PART IV: PREJUDICE ANALYSIS AND IMPACT ON TRIAL SCHEDULE

12. Lack of Prejudice. The requested continuance will not unduly prejudice any party because: [________________________________].

13. Impact on Court's Docket. [________________________________].

14. Impact on Witnesses. [________________________________].

15. Proposed Revised Schedule. If the continuance is granted, the Moving Party proposes:

PART V: LEGAL STANDARD

16. Iowa Rule of Civil Procedure 1.910 provides that no case assigned for trial shall be continued except upon motion and for good cause shown. All motions for continuance in a case set for trial must be signed by counsel and approved in writing by the party represented, unless such approval is waived by court order. Any order granting a continuance shall state the grounds therefor.

17. Iowa Rule of Civil Procedure 1.911 enumerates causes for continuance, including the absence of material evidence, when the party shows: (a) materiality of the evidence; (b) due diligence in attempting to obtain it; (c) reasonable expectation it can be procured; and (d) the motion is not made for delay.

18. Iowa Rule of Civil Procedure 1.912 addresses continuances specifically for the absence of evidence, requiring a supporting affidavit that sets forth the required elements with particularity.

19. Iowa Rule of Civil Procedure 1.913 permits continuances by consent, but the court retains discretion to deny a consent continuance if it would interfere with orderly case management.

20. Iowa courts have broad discretion in ruling on continuance motions. The appellate standard of review is abuse of discretion. See Hearity v. Iowa Dep't of Transp., 887 N.W.2d 164, 168 (Iowa 2016); State v. Vanover, 559 N.W.2d 618, 621 (Iowa 1997) (factors include diligence, merit of the grounds, prior continuances, and prejudice).

PART VI: AFFIDAVIT IN SUPPORT OF MOTION FOR CONTINUANCE

STATE OF IOWA
COUNTY OF [________________________________]

AFFIDAVIT OF [________________________________]

I, [________________________________], being first duly sworn upon oath, depose and state as follows:

1. I am [counsel of record for / the party] [________________________________] in the above-captioned matter. I am over the age of eighteen (18) and competent to testify to the matters stated herein based on personal knowledge.

2. The [trial / hearing / proceeding] is currently scheduled for [__/__/____] at [____] [a.m./p.m.].

3. A continuance is necessary because: [________________________________]

4. I first became aware of the circumstances necessitating this motion on [__/__/____] and have acted diligently to seek relief.

5. (If based on absence of evidence or witness -- required under Rule 1.912):

a. The evidence/testimony that is unavailable is: [________________________________]

b. The evidence/testimony is material to this case because: [________________________________]

c. Due diligence has been exercised to obtain the evidence/secure the witness's attendance, including: [________________________________]

d. The evidence/witness can reasonably be expected to be available by [__/__/____] because: [________________________________]

e. This motion is not made for delay but in good faith to ensure a fair and complete presentation of the case.

f. (If absent witness): The name of the witness is [________________________________], residing at [________________________________]. The witness would testify to the following facts: [________________________________]. The witness's absence has not been procured by the act or connivance of the Moving Party.

6. On [__/__/____], I conferred with counsel for [________________________________], who [does not oppose / opposes / takes no position on] this motion.

7. This motion is made in good faith and not for purposes of delay, harassment, or any improper purpose.

8. Granting this continuance will not unduly prejudice any party.

________________________________________
[________________________________]

SUBSCRIBED AND SWORN to before me this [____] day of [________________________________], 20[____].

________________________________________
Notary Public in and for the State of Iowa
My Commission Expires: [__/__/____]

PART VII: PARTY APPROVAL (Required by Iowa R. Civ. P. 1.910)

I, [________________________________], the [☐ Plaintiff / ☐ Defendant] in the above-captioned matter, have reviewed the foregoing Motion for Continuance and hereby approve its filing.

Date: [__/__/____]

________________________________________
[________________________________] (Party Signature)

(Note: Written party approval is required by Iowa R. Civ. P. 1.910 unless waived by court order.)

PART VIII: PRAYER FOR RELIEF

WHEREFORE, the Moving Party respectfully requests that this Court:

1. GRANT this Motion for Continuance;

2. CONTINUE the [trial / hearing / proceeding] currently scheduled for [__/__/____] to [__/__/____] or the first available date convenient to the Court;

3. AMEND the scheduling order entered pursuant to Iowa R. Civ. P. 1.602 to reflect revised deadlines;

4. STATE the grounds for the continuance in any order entered, as required by Rule 1.910;

5. GRANT such other and further relief as the Court deems just and equitable.

Respectfully submitted,

Date: [__/__/____]

________________________________________
[________________________________], Esquire
Iowa Attorney No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
Telephone: [________________________________]
Email: [________________________________]

Counsel for [☐ Plaintiff / ☐ Defendant / ☐ ________________________________]

PART IX: PROPOSED ORDER

IN THE IOWA DISTRICT COURT FOR [________________________________] COUNTY

ORDER ON MOTION FOR CONTINUANCE

This matter having come before the Court upon the Motion for Continuance filed by [________________________________], and the Court having considered the motion, the affidavit in support, any opposition, and the record, and pursuant to Iowa Rules of Civil Procedure 1.910 and 1.911:

THE COURT FINDS that:

[________________________________]

IT IS HEREBY ORDERED that:

☐ The Motion for Continuance is GRANTED based on the following grounds: [________________________________].

1. The [trial / hearing / proceeding] scheduled for [__/__/____] is CONTINUED to [__/__/____] at [____] [a.m./p.m.].

2. The scheduling order entered under Iowa R. Civ. P. 1.602 is amended as follows:

Event	Revised Deadline
Discovery Cutoff	[__/__/____]
Expert Designations	[__/__/____]
Dispositive Motion Deadline	[__/__/____]
Pretrial Conference	[__/__/____]
Trial	[__/__/____]

3. Counsel shall promptly notify all witnesses and parties of the revised schedule.

4. [Additional conditions: ________________________________]

☐ The Motion for Continuance is DENIED.

The [trial / hearing / proceeding] shall proceed as scheduled on [__/__/____]. The Court finds: [________________________________].

☐ The Motion for Continuance is GRANTED IN PART.

[________________________________]

SO ORDERED this [____] day of [________________________________], 20[____].

________________________________________
Judge, Iowa District Court

PART X: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing MOTION FOR CONTINUANCE, together with the AFFIDAVIT, PARTY APPROVAL, PROPOSED ORDER, and all exhibits, was served upon the following parties via the Iowa Electronic Document Management System (EDMS) and Iowa Judicial Branch eFiling system:

☐ Service was also made by the following additional method(s):

☐ U.S. Mail, first class, postage prepaid

☐ Hand delivery

☐ Personal service

☐ Email (with consent)

________________________________________
[________________________________], Esquire
Iowa Attorney No. [________________________________]

PART XI: EXHIBITS CHECKLIST

☐ Exhibit A: Written party approval (Iowa R. Civ. P. 1.910)

☐ Exhibit B: Conflicting scheduling order

☐ Exhibit C: Documentation of witness unavailability

☐ Exhibit D: Medical documentation (if applicable, filed under seal)

☐ Exhibit E: Stipulation of all parties (if consent continuance under Rule 1.913)

☐ Exhibit F: Discovery correspondence

☐ Exhibit G: [________________________________]

Sources and References

• Iowa Rules of Civil Procedure, Chapter 1: https://www.legis.iowa.gov/docs/ACO/CourtRulesChapter/1.pdf
• Iowa Rule of Civil Procedure 1.910 (Motions for Continuance): https://ruledex.com/iowa/iowa-rules-of-civil-procedure/division-ix-trial-and-judgment/a-trials/rule-1-910-motions-for-continuance/
• Iowa Court Rules: https://www.legis.iowa.gov/docs/rules/current/court/courtrules.pdf
• Hearity v. Iowa Dep't of Transp., 887 N.W.2d 164 (Iowa 2016)
• State v. Vanover, 559 N.W.2d 618 (Iowa 1997)
• Iowa Judicial Branch EDMS: https://www.iowacourts.gov