[Your Name] [Your Address] [City, State, Zip] [Date] [Judge's Name] [Judge's Address] [City, State, Zip] Re: [Your Case Name and Number] Subject: Plaintiff's Motion to Continue This Action as a Pending Case Dear Honorable [Judge's Last Name], I hope this letter finds you well. I am writing as the plaintiff in the above-mentioned case to respectfully request a continuance of this action as a pending case in light of [provide the reason for the requested continuance, such as the need for additional time to gather evidence or conduct further investigation]. This motion is made in accordance with the [relevant Iowa Code or Rules of Civil Procedure, if applicable]. I firmly believe that the interests of justice and a fair trial require the granting of this motion. I outline the grounds for this motion below: 1. [Clearly state the reason for requesting the continuance. For instance, if more time is needed for discovery, explain the significance of the additional evidence that needs to be gathered and its impact on the case.] 2. [Elaborate on any unexpected circumstances or events that have occurred since the filing of the lawsuit, which necessitate a continuance. Provide any supporting documents if available.] 3. [If applicable, explain any efforts made to resolve the issues without the need for a continuance, and why they were unsuccessful.] 4. [Outline the potential prejudice that the plaintiff may suffer if the case continues without a continuance, including any potential harm to the development of a complete and accurate factual record.] 5. [Request a reasonable length of time for the continuance, taking into consideration the complexity of the case and the time required to adequately address the issue(s) at hand.] I kindly request that the court grant this motion for continuance in order to allow the plaintiff time to fully present their case and ensure a fair and just resolution. Granting this motion will ultimately serve the interests of justice and facilitate a more comprehensive determination of the issues at hand. Thank you for your time and attention to this matter. I am available to provide any additional information or answer any questions the court may have. I respectfully request a timely ruling on this motion. Yours sincerely, [Your Name] [Your Contact Information: Phone number and email]
Iowa Sample Letter for Plaintiff's Motion to Continue This Action as a Pending Case
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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.
Rule 1.509(2) adds to the permissible scope of interrogatories the amounts claimed for items of damages approved by the court in Gordon v. Noel, 356 N.W. 2d 559 (Iowa 1984), and the addresses of trial witnesses.
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.
981(3)Motion and proceedings thereon. The resistance shall include a statement of disputed facts, if any, and a memorandum of authorities supporting the resistance. If affidavits supporting the resistance are filed, they must be filed with the resistance.
944(1) It is the declared policy that in the exercise of reasonable diligence every civil and special action, except under unusual circumstances, shall be brought to issue and tried within one year from the date it is filed and docketed and in most instances within a shorter time.
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.
When a party claimed to be in default is known by the party requesting the entry of default to be represented by an attorney, whether or not that attorney has formally appeared, a copy of notice of intent to file written application for default shall be sent by ordinary mail to the attorney for the party claimed to be ...
IT IS THEREFORE ORDERED AS FOLLOWS: Except in exigent or unusual circumstances, any continuance motion or request must be in writing, signed by the client, and filed not later than seven days before the court event for which rescheduling is requested.
