SF 349 (LSB 1848XS (3) 91)

SENATE FILE 349

BY  DICKEY

A BILL FOR

An Act relating to the rules of civil procedure, including remedies for the failure to meet discovery deadlines.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  619A.1  Discovery deadlines —— enforcement.
   1.  The court shall not grant an extension for or waive any deadline provided in Iowa rules of civil procedure 1.500 through 1.517 unless the extension for, or waiver of, the deadline is mutually agreed upon by all parties.
   2.  If a party fails to comply with a deadline provided in Iowa rules of civil procedure 1.500 through 1.517, or the extension of a deadline mutually agreed upon by all parties, the court shall do all of the following:
   a.  Assess a civil penalty against the party for each violation. In determining the amount of the civil penalty, the court shall consider the severity of the violation, the delay and disruption to the civil proceeding caused by the violation, and whether the party has previously failed to comply with a deadline provided for in Iowa rules of civil procedure 1.500 through 1.517 or a deadline extended by mutual agreement.
   b.  If the nonoffending party would customarily file a motion to compel to enforce the missed deadline, regardless of whether the nonoffending party does file a motion to compel, award reasonable attorney fees to the nonoffending party relating to the amount the nonoffending party spent, or would have spent, to file a motion to compel.
   3.  The court shall not waive civil penalties or the award of attorney fees under this section.
   4.  Civil penalties and attorney fees shall be in addition to any other remedy provided under the Iowa rules of civil procedure or law.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to enforcement of the Iowa rules of civil procedure discovery deadlines. The bill provides that the court may not waive or extend a deadline provided in Iowa rules of civil procedure 1.500 through 1.517 (discovery and inspection) unless all parties agree to the waiver or extension. If a party fails to comply with a deadline, the bill requires the court to assess a civil penalty against the party for violation of the rules and if the nonoffending party would typically file a motion to compel to enforce the missed deadline, then reasonable attorney fees shall also be awarded. The bill prohibits a court from waiving civil penalties or awards under the bill. The bill also provides that civil penalties and fees shall be in addition to any other remedy the party may be entitled to.