Iowa Motion for Continuance

Introduction

Key Things to Know

1. 1

   Iowa uses the term continuance. Iowa R. Civ. P. 1.910 (Motions for continuance) and 1.911 (Causes for continuance) are the civil rules.

2. 2

   The hearing or trial date stands until the court grants the continuance. Attend unless the court tells you in writing or in open court that the date has moved.

3. 3

   Rule 1.911(1) says a continuance may be allowed for any cause not growing out of the fault or negligence of the movant, which satisfies the court that substantial justice will be more nearly obtained. The court decides.

4. 4

   Rule 1.910(1) sets no day count. The motion must be filed without delay after the grounds become known to you or your lawyer, and it may be amended only to correct a clerical error.

5. 5

   In a case set for trial, the motion must be signed by counsel, if any, and approved in writing by the party represented, unless the court waives that approval. A trial-assigned case cannot be continued ex parte (Rule 1.910(2)).

6. 6

   A motion based on absent evidence needs an affidavit giving the witness's name and residence, your due diligence, and the expected testimony. The other side can defeat it by admitting that testimony (Rule 1.911(2), (3)).

7. 7

   If all parties agree and the court approves, the continuance shall be allowed (Rule 1.911(1)). Agreement alone is not enough, so the court must still approve.

Iowa Requirements for Motion for Continuance

• Rules 1.910 and 1.911 Govern Continuances

  Iowa R. Civ. P. 1.910 (Motions for continuance) and 1.911 (Causes for continuance) are the Iowa civil continuance rules. Iowa calls the request a continuance.

• Substantial Justice Standard

  A continuance may be allowed for any cause not growing out of the fault or negligence of the movant, which satisfies the court that substantial justice will be more nearly obtained (Rule 1.911(1)).

• File Without Delay

  The motion must be filed without delay after the grounds become known to the party or counsel. No day count is set, and the motion may be amended only to correct a clerical error (Rule 1.910(1)).

• Signed and Party-Approved Motion

  In a case set for trial, the motion must be signed by counsel, if any, and approved in writing by the party represented, unless the court waives approval. No trial-assigned case is continued ex parte (Rule 1.910(2)).

• Affidavit for Absent Evidence

  A motion based on absence of evidence needs an affidavit with the witness's name and residence, due diligence, and expected testimony. The other side may avoid the continuance by admitting that testimony (Rule 1.911(2), (3)).

• Agreed Continuance Needs Court Approval

  A continuance shall be allowed if all parties agree and the court approves (Rule 1.911(1)). The hearing date stands until the court rules.

• Objections by the Other Side

  The adverse party may file specific written objections at once or within the reasonable time the court allows (Rule 1.912).

• Eviction Defendant Continuance Right

  If the hearing is fewer than 3 days after service of the original notice, or notice is deemed satisfied by appearance, the court shall grant a continuance at the defendant's request to prepare or retain an attorney (Iowa Code 648.5(5)).