Iowa General Form of Pretrial Order

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Multi-State
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US-02709BG
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Description


The Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


Rule 16 of the Federal Rules of Civil Procedure provides in part as follows:

(a) Purposes of a Pretrial Conference. In any action, the court may order the attorneys and any unrepresented parties to appear for one or more pretrial conferences for such purposes as:

(1) expediting disposition of the action;

(2) establishing early and continuing control so that the case will not be protracted because of lack of management;

(3) discouraging wasteful pretrial activities;

(4) improving the quality of the trial through more thorough preparation, and;

(5) facilitating settlement.

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FAQ

Under Iowa Rule of Criminal Procedure 2.33(2)(c): ?All criminal cases must be brought to trial within one year after the defendant's initial arraignment pursuant to rule 2.8 unless an extension is granted by the court, upon a showing of good cause.? A ninety-day timeframe established under rule 2.33(2)(b).

Iowa Court Rule 23.5?Form 3: Trial Scheduling Order and Discovery Plan for Expedited Civil Action must be used for expedited civil actions in lieu of Form 2 of rule 23.5. 1.281(4) Procedure for expedited trials. 1.500(2) Disclosure of expert testimony.

An injunction may be obtained as an independent remedy by an action in equity, or as an auxiliary remedy in any action. In either case, the party applying therefor may claim damages or other relief in the same action.

Rule 2.8 - Arraignment and plea 2.8(1)Conduct of arraignment. a. Arraignment shall be conducted as soon as practicable following the filing of the indictment. If the defendant appears for arraignment without counsel, the court must inform the defendant of the right to counsel and ask if the defendant desires counsel.

Rule 2.73 - Motion for a new trial 2.73(1)Generally. The magistrate, on motion of a defendant, may grant a new trial on the grounds set forth in rule 2.24(2) (b). 2.73(2)Newly discovered evidence. A motion for a new trial based on newly discovered evidence must be made within 6 months after the final judgment.

For a simple misdemeanor, there shall be a fine of at least one hundred five dollars but not to exceed eight hundred fifty-five dollars. The court may order imprisonment not to exceed thirty days in lieu of a fine or in addition to a fine.

The purpose of the pretrial conference is to verify that this documentation (affidavit of financial status, child support guidelines worksheet, Children in the Middle certificate, and Iowa Center for Children's Justice workshop certificate) have been filed, if applicable, and to identify the contested issues for trial.

Rule 2.23 - Judgment 2.23(1)Entry of judgment. a. Acquittal. Upon a verdict of not guilty for the defendant or special verdict upon which a judgment of acquittal must be given, the court must render judgment of acquittal immediately.

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Iowa General Form of Pretrial Order