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December 2010 CIVIL PROCEDURE Ch 1, p.49
Rule 1.905 Exceptions unnecessary. Exceptions to rulings or orders of court are unnecessary
whenever a matter has been called to the attention of the court, by objection, motion or otherwise
and the court has ruled thereon.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.906 Civil trial-setting conference. No later than 90 days after the action is commenced,
the clerk shall send a notice of civil trial-setting conference to all parties not in default. The clerk
shall use Iowa Court Rule 23.5—Form 1, the Notice of Civil Trial-Setting Conference, to send the
notice. The notice shall schedule a trial-setting conference no later than 150 days after commencement
of the action. The parties are responsible for obtaining a trial-setting conference within 150 days
after commencement of the action regardless of whether a party receives notice of the trial-setting
conference. Failure to receive notice shall not be grounds to avoid dismissal under rule 1.944. A
party may move for an earlier trial-setting conference upon giving notice to all parties. The court
shall use Iowa Court Rule 23.5—Form 2, the Trial Scheduling Order, to set the trial date. If a trial
is continued, the court shall set the trial to a date certain. Unless otherwise ordered, the deadlines
established in the trial scheduling order shall continue to apply to the case.
[Report 1943; amendment 1961; amendment 1977; Report 1978, effective July 1, 1979; amendment 1979;
amendment 1984; Report May 28, 1987, effective August 3, 1987; October 31, 1997, effective January 24,
1998; November 9, 2001, effective February 15, 2002; June 27, 2008, effective September 1, 2008]
Rule 1.907 Trial assignments.
1.907(1) Civil cases. The court, in the exercise of its discretion, may assign a case for trial by
order upon any one of the following:
a. The conclusion of a scheduling or pretrial conference.
b. The conclusion of a trial-setting conference.
c. The agreement of all parties or their counsel.
d. The court’s own motion after consultation with counsel for all parties. Trial of a dissolution of
marriage or a small claim may be set without consulting counsel subject to rescheduling by the court
administrator upon the request of counsel in the event of a scheduling conflict.
The court may delegate its power and duty to assign cases for trial to the court administrator or
other suitable person.
1.907(2) Small claims appeals. At least twice each month, the clerk of court shall present to a
judge authorized by statute to hear the appeal, the file and any transcript or exhibits in each small
claims case in which appeal was taken more than 20 days previously. The appeal shall be decided
upon the record without oral argument unless, within 20 days after the appeal was taken, a party filed
with the clerk of court a written request for oral argument specifying the issues to be argued, in which
event the judge may schedule oral argument. Additional evidence shall not be received except as
authorized by statute.
[Report 1961; amended by 62GA, ch 474, §1; amendment 1969; amendment 1979; amended by 1984 Iowa
Acts, ch 1322, §8; Report December 3, 1985, effective February 3, 1986; May 28, 1987, effective August 3,
1987; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.908 Duty to notify court.
1.908(1) Of settlements. Whenever a case assigned for trial has been settled, it shall be the duty
of the attorneys or parties appearing in person to so notify the court immediately.
1.908(2) Of conflicting engagements and termination thereof. When a case assigned for trial is
reached and an attorney of record therein is then actually engaged in a trial in another court, it shall
be the attorney’s duty to so inform the court who may hold the trial of such case in abeyance until
the engagement is concluded. As soon as the attorney is free from such engagement, it shall be the
attorney’s duty to notify the court immediately and stand ready to proceed with trial of the case.
[Report 1961; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.909 Fee for late settlement of jury trial. In the event a party waives a jury trial or gives
notice of settlement later than two full working days before a civil action is scheduled to be tried to
a jury or is reached for jury trial, whichever is later, or the case is settled during trial, a fee of $1000
shall be assessed as court costs. A late settlement fee shall not be waived by the court nor shall a