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: 3 TLSB 1848XS (3) 91 cm/jh
S.F. 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 explanations 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 35 -1- LSB 1848XS (3) 91 cm/jh 1/ 2
S.F. 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. 10 -2- LSB 1848XS (3) 91 cm/jh 2/ 2