Iowa Certificate of Compliance Regarding Service of Interrogatories or Requests for Production of Documents - Discovery and Inspection

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Multi-State
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US-02753BG
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Description

Federal Courts and many state courts have local rules regarding the filing of discovery pleadings similar to the following:


Filing. Unless otherwise ordered by the court, counsel must not file with the court the following:

" all disclosures made under Fed. R. Civ P. 26 (a)(1);

" depositions or notices of taking deposition required by Fed R. Civ. P. 30(b)(1);

" interrogatories;

" requests for production, inspection or admission;

" answers and responses to such requests; and,

" certificates of service for any of the discovery materials referenced above.


The party serving the discovery material or taking the deposition must retain the original and be the custodian of it.

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FAQ

When service is made by email, the time to respond is computed ing to the Iowa Rules of Civil Procedure. (2)Filing notice of discovery requests and responses. Parties must file a notice with the court when serving a request for discovery, a response to discovery, or a notice of deposition on another party.

Unless otherwise ordered by the court, no deposition, notice of deposition, interrogatory, request for production of documents, request for admission, or response, document or thing produced, or objection thereto shall be filed with the clerk.

Rule 1.910 - Motions for continuance 1. 910(1) Motions for continuance shall be filed without delay after the grounds therefor become known to the party or the party's counsel. Such motion may be amended only to correct a clerical error.

An attorney can issue a subpoena without a court file being opened, but if the clerk issues a blank subpoena, a court file must be opened and will collect a $50 fee. Rule 1.1702(5). A court file will also be opened for any motions relating to the subpoena and the clerk will collect a $50 fee then as well.

(2) Production of documents. In addition to document disclosures required under rule 1.500(1)(a), each side may serve no more than 10 requests for production on any other side under rule 1.512.

In addition, rule 1.943 allows for voluntary dismissal of the plaintiff's petition without prejudice once as a matter of right. Id. r. 1.943.

The clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service. A request may be made either orally or in writing. An attorney licensed or otherwise authorized to practice law in Iowa also may issue and sign a subpoena as an officer of the court.

Each interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath. The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure.

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Iowa Certificate of Compliance Regarding Service of Interrogatories or Requests for Production of Documents - Discovery and Inspection