Iowa Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case

State:
Multi-State
Control #:
US-03362BG
Format:
Word; 
Rich Text
Instant download

Description

Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by order of the judge. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the judge or magistrate. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.


The pretrial statement or memorandum may include a brief statement of the material facts as claimed by each party and of the points of law, and a citation of authorities in support of each point, on which the party intends to rely at the trial. It may also include a list of all exhibits each party expects to offer at the trial, other than those to be used for impeachment, with a sufficient description of each exhibit and a statement of the purpose for which it will be offered.


This form is a sample of such a case.

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  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case
  • Preview Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case

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FAQ

P. 1.943. A party may, without order of court, dismiss that party's own petition, counterclaim, cross-claim, cross-petition or petition of intervention, at any time up until ten days before the trial is scheduled to begin.

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.

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.

A temporary injunction may be allowed under any of the following circumstances: 1. 1502(1) When the petition, supported by affidavit, shows the plaintiff is entitled to relief which includes restraining the commission or continuance of some act which would greatly or irreparably injure the plaintiff.

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.

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.

In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.

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.

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 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.

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Iowa Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case