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Bill > SF349


IA SF349

A bill for an act relating to the rules of civil procedure, including remedies for the failure to meet discovery deadlines.


summary

Introduced
02/18/2025
In Committee
02/18/2025
Crossed Over
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

This bill relates to enforcement of the Iowa rules of civil procedure discovery deadlines. The bill provides that the court may not waive or extend a deadline provided in Iowa rules of civil procedure 1.500 through 1.517 (discovery and inspection) unless all parties agree to the waiver or extension. If a party fails to comply with a deadline, the bill requires the court to assess a civil penalty against the party for violation of the rules and if the nonoffending party would typically file a motion to compel to enforce the missed deadline, then reasonable attorney fees shall also be awarded. The bill prohibits a court from waiving civil penalties or awards under the bill. The bill also provides that civil penalties and fees shall be in addition to any other remedy the party may be entitled to.

AI Summary

This bill introduces new rules for enforcing discovery deadlines in civil court proceedings in Iowa. The legislation specifically addresses situations where parties fail to meet the deadlines outlined in Iowa Rules of Civil Procedure 1.500 through 1.517, which govern the discovery and inspection phase of legal cases. Under this bill, courts cannot extend or waive these deadlines unless all parties mutually agree. When a party misses a deadline, the court is required to assess a civil penalty against that party, considering factors such as the severity of the violation, the resulting delay in the proceedings, and any previous deadline failures. Additionally, if the non-offending party would typically file a motion to compel (a legal request to force compliance), the court must award reasonable attorney fees, regardless of whether such a motion is actually filed. Importantly, the bill prohibits courts from waiving these civil penalties or attorney fees, and specifies that these penalties are to be considered in addition to any other remedies available under law. The goal of this legislation appears to be encouraging stricter adherence to legal timelines and providing clear consequences for procedural delays.

Committee Categories

Justice

Sponsors (1)

Last Action

Senate Judiciary Subcommittee (15:00:00 3/5/2025 Room 217 Conference Room) (on 03/05/2025)

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