STATE COURT MOTION FOR CONTINUANCE

(Iowa District Court – Template)

1. CAPTION

IN THE IOWA DISTRICT COURT FOR [COUNTY] COUNTY

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

MOTION FOR CONTINUANCE OF [TRIAL/HEARING]

2. MOTION

[MOVING PARTY], by counsel, respectfully moves the Court to continue the [trial/hearing] set for [CURRENT DATE] and requests that the matter be reset for [REQUESTED NEW DATE] or a date convenient to the Court.

This motion is made pursuant to Iowa Rule of Civil Procedure 1.909, which authorizes continuances for good cause. Good cause exists because [describe detailed reasons, such as "key expert witness is unavailable", "recently disclosed evidence necessitates additional discovery", "lead counsel has a conflicting trial"].

Counsel certifies that opposing counsel was consulted on [DATE] and [does/does not] object to the requested continuance.

3. MEMORANDUM OF AUTHORITIES

A. Legal Standard

Iowa R. Civ. P. 1.909 provides that continuances may be granted upon a showing of good cause. Courts consider the diligence of the moving party, the reason for the request, prior continuances, and potential prejudice to the opposing party. See Ferguson v. Exide Techs., Inc., 936 N.W.2d 429, 435 (Iowa 2019) (trial courts have broad discretion in granting continuances when supported by good cause).

B. Argument

1. Good Cause Exists. [// GUIDANCE: Detail the facts supporting good cause, including timelines, discovery status, and witness availability. Attach documentation if available.]
2. Diligence and Lack of Prejudice. [// GUIDANCE: Describe efforts to comply with existing deadlines, mitigation steps, and why the continuance will not unduly prejudice opposing parties.]
3. Requested Relief. [// GUIDANCE: Propose revised deadlines consistent with any scheduling order issued under Iowa R. Civ. P. 1.602.]

4. AFFIDAVIT OF [ATTORNEY NAME]

STATE OF IOWA
COUNTY OF [COUNTY]

I, [ATTORNEY NAME], being duly sworn, state as follows:

1. I am counsel for [PARTY] in the above-captioned case.
2. The [trial/hearing] is scheduled for [CURRENT DATE].
3. Good cause exists for a continuance because [provide detailed factual explanation].
4. I promptly sought relief upon learning of the circumstances necessitating additional time.
5. On [DATE], I conferred with counsel for [OPPOSING PARTY], who [does/does not] oppose this motion.
6. This motion is made in good faith and not for purposes of delay.

[ATTORNEY NAME]

Subscribed and sworn to before me this ___ day of ____, 20__.

Notary Public in and for the State of Iowa
Commission expires: ____

5. [PROPOSED] ORDER

IN THE IOWA DISTRICT COURT FOR [COUNTY] COUNTY

[PLAINTIFF NAME],
Plaintiff,

v. Case No. [CASE NUMBER]

[DEFENDANT NAME],
Defendant.

ORDER GRANTING MOTION FOR CONTINUANCE

Upon the Motion for Continuance filed by [MOVING PARTY] and for good cause shown pursuant to Iowa R. Civ. P. 1.909, IT IS ORDERED:

1. The [trial/hearing] set for [CURRENT DATE] is continued to [NEW DATE] at [TIME].
2. The Scheduling Order is amended as follows: [list revised discovery, expert, and motion deadlines].
3. Counsel shall notify all witnesses of the new schedule.

SO ORDERED this ___ day of ____, 20__.

Judge of the Iowa District Court

6. CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing MOTION FOR CONTINUANCE on the following via EDMS/eFile and [additional method, if any]:

[List recipients]

[NAME OF DECLARANT]