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Senate
File
349
-
Introduced
SENATE
FILE
349
BY
DICKEY
A
BILL
FOR
An
Act
relating
to
the
rules
of
civil
procedure,
including
1
remedies
for
the
failure
to
meet
discovery
deadlines.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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349
Section
1.
NEW
SECTION
.
619A.1
Discovery
deadlines
——
1
enforcement.
2
1.
The
court
shall
not
grant
an
extension
for
or
waive
3
any
deadline
provided
in
Iowa
rules
of
civil
procedure
1.500
4
through
1.517
unless
the
extension
for,
or
waiver
of,
the
5
deadline
is
mutually
agreed
upon
by
all
parties.
6
2.
If
a
party
fails
to
comply
with
a
deadline
provided
7
in
Iowa
rules
of
civil
procedure
1.500
through
1.517,
or
the
8
extension
of
a
deadline
mutually
agreed
upon
by
all
parties,
9
the
court
shall
do
all
of
the
following:
10
a.
Assess
a
civil
penalty
against
the
party
for
each
11
violation.
In
determining
the
amount
of
the
civil
penalty,
the
12
court
shall
consider
the
severity
of
the
violation,
the
delay
13
and
disruption
to
the
civil
proceeding
caused
by
the
violation,
14
and
whether
the
party
has
previously
failed
to
comply
with
a
15
deadline
provided
for
in
Iowa
rules
of
civil
procedure
1.500
16
through
1.517
or
a
deadline
extended
by
mutual
agreement.
17
b.
If
the
nonoffending
party
would
customarily
file
a
motion
18
to
compel
to
enforce
the
missed
deadline,
regardless
of
whether
19
the
nonoffending
party
does
file
a
motion
to
compel,
award
20
reasonable
attorney
fees
to
the
nonoffending
party
relating
to
21
the
amount
the
nonoffending
party
spent,
or
would
have
spent,
22
to
file
a
motion
to
compel.
23
3.
The
court
shall
not
waive
civil
penalties
or
the
award
of
24
attorney
fees
under
this
section.
25
4.
Civil
penalties
and
attorney
fees
shall
be
in
addition
26
to
any
other
remedy
provided
under
the
Iowa
rules
of
civil
27
procedure
or
law.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
enforcement
of
the
Iowa
rules
of
32
civil
procedure
discovery
deadlines.
The
bill
provides
that
33
the
court
may
not
waive
or
extend
a
deadline
provided
in
34
Iowa
rules
of
civil
procedure
1.500
through
1.517
(discovery
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349
and
inspection)
unless
all
parties
agree
to
the
waiver
or
1
extension.
If
a
party
fails
to
comply
with
a
deadline,
the
2
bill
requires
the
court
to
assess
a
civil
penalty
against
the
3
party
for
violation
of
the
rules
and
if
the
nonoffending
party
4
would
typically
file
a
motion
to
compel
to
enforce
the
missed
5
deadline,
then
reasonable
attorney
fees
shall
also
be
awarded.
6
The
bill
prohibits
a
court
from
waiving
civil
penalties
or
7
awards
under
the
bill.
The
bill
also
provides
that
civil
8
penalties
and
fees
shall
be
in
addition
to
any
other
remedy
the
9
party
may
be
entitled
to.
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