Iowa. R. Civ. P. 1.500
COMMENT:
Rule 1.500. The entirety of rule 1.500 is added. With some modifications, the rule adopts the required disclosures currently used by the federal courts and by a number of states that have also recently engaged in civil justice reform. Like its federal counterpart, the rule seeks to accelerate the exchange of basic information and eliminate the delay and expense of serving formal discovery requests seeking routine information that will be produced as a matter of course in most cases.
The information disclosed under rule 1.500(1) is subject to a continuing duty to supplement. See rule 1.500(5). [Court Order August 28, 2014, effective January 1, 2015]
COMMENT:
Rule 1.500(2)(d). The rule contemplates that in many, if not most, cases, scheduling of disclosure of expert testimony will be governed by atrial scheduling order. See Iowa R. Civ. P. 1.907; Iowa Ct. R. 23.5 -Form 2: Trial Scheduling and Discovery Plan. [Court Order August 28, 2014, October 30, 2014, effective January 1, 2015]
COMMENT:
Rules 1.500(3)(a) and 1.500(3)(b). Rules 1.500(3)(a) and (b) mirror Federal Rule of Civil Procedure 26(a)(3). The duty to disclose final trial witnesses, deposition testimony, and exhibits is governed by the Time Standards for Case Processing in rule 23.5 of the Iowa Court Rules. Rule 23.5 is mandatory and applies to all civil actions. This rule incorporates into the Iowa Rules of Civil Procedure the duty to make pretrial disclosures. Iowa Court Rule 23.5 -Form 2: Trial Scheduling and Discovery Plan, implements these and other scheduling deadlines. [Court Order August 28, 2014, October 30, 2014, effective January 1, 2015]
Rule 1.500(3)(b). The federal rules require that pretrial disclosures occur at least 30 days before trial and that objections occur within 14 days thereafter. Former rule 23.5 -Form 2 of the Iowa Court Rules imposed a later deadline, requiring disclosure of all witness and exhibit lists at least 7 days before trial, with objections due within 5 days thereafter (2 days before trial). Requiring pretrial disclosures 30 days before trial could result in unnecessary time and effort. The former 7-day deadline, however, may have been in some circumstances too close to trial. Rule 1.500(3)(b) requires parties to make pretrial disclosures two weeks in advance of trial, unless they stipulate to a different deadline, which cannot be less than one week before trial. The rule also gives opposing parties one week thereafter to respond, unless the disclosure deadline was less than 10 days before trial. Iowa Court Rule 23.5 -Form 2: Trial Scheduling and Discovery Plan reflects these changes. [Court Order August 28, 2014, October 30, 2014, effective January 1, 2015]