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Ch 1, p.24 CIVIL PROCEDURE December 2010
h. Date of disposition by ruling, order or otherwise.
Separate motion calendars for law, equity or other divisions may be maintained.
1.431(9) The court upon its own motion or by the agreement of the parties shall arrange for the
submission of motions under these rules by telephone conference call unless oral testimony may be
offered.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002;
January 7, 2010, effective March 8, 2010]
COMMENT: Rule 1.431 is a consolidation of former Iowa Rs. Civ. P. 109, 116, 117(c), 117(e), 117(f), and portions of 117(a), all
of which pertained to motions, filing of motions, evidence to sustain or resist them, placing them on the motion calendar, and the time
within which they should be ruled upon.
Rule 1.432 Failure to move; effect of overruling motion. No pleading shall be held sufficient for
failure to move to strike or dismiss it. If such motion is filed and overruled, error in such ruling is
not waived by pleading over or proceeding further; and the moving party may always question the
sufficiency of the pleading during subsequent proceedings.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.433 Motion for more specific statement. A party may move for a more specific statement
of any matter not pleaded with sufficient definiteness to enable the party to plead to it and for no other
purpose. It shall point out the insufficiency claimed and particulars desired.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.434 Motion to strike. Improper or unnecessary matter in a pleading may be stricken out on
motion of the adverse party.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.435 Motion days; submission of pretrial motions.
1.435(1) The chief judge of each judicial district shall provide by order for motion days to be
held each month in each county, when all pretrial motions on file 14 days or more shall be deemed
submitted unless a hearing has been set or another time for submission is fixed by rule, statute, or
order of court entered for good cause shown. A party who has been served with original notice or has
appeared shall take notice of the regular motion day on which motions will be heard.
1.435(2) The court may hear and rule on any motion prior to motion day so as not to delay
completing the issues or trial of the case.
1.435(3) The court may require counsel to be apprised, in any manner it directs, of the time and
place at which it will hear or act on any motion, application or other matter other than at the regular
motion day. This subrule shall be applied to expedite, but not delay, hearings and submissions.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rules 1.436 to 1.440 Reserved.
D. TIME, FILING, AND NOTICE REQUIREMENTS
Rule 1.441 Time to move or plead.
1.441(1) Motions. Motions attacking a pleading must be served before responding to the pleading
or, if no responsive pleading is required by these rules, within 20 days after the service of the pleading
on such party.
1.441(2) Pleading. Answer to a petition must be served on or before the date prescribed in
accordance with rule 1.303. A party served with a pleading stating a cross-claim against the party
shall serve an answer thereto within 20 days after the service of the pleading upon the party. The
plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the
answer, or if a reply is ordered by the court, within 20 days after service of the order, unless the
order otherwise directs.
1.441(3) Time after filing motions. The service of a motion permitted under the rules in this
chapter alters these periods of time as follows, unless a different time is fixed by order of the court.
If the motion is so disposed of as to require further pleading, such pleading shall be served within
ten days after notice of the court’s action.