Iowa Admin. Code r. 161-4.11

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 161-4.11 - Continuances

Unless otherwise provided, applications for continuances shall be made to the presiding officer

(1) Written or oral motions for continuance. A written motion for a continuance shall:

a. Be made at the earliest possible time and no less than seven days before the hearing except in case of unanticipated emergencies;

b. State the specific reasons for the request; and

c. Be signed by the requesting party or the party's representative.

An oral motion for a continuance may be made if the presiding officer waives the requirement for a written motion. However, a party making an oral motion for a continuance must confirm that request by written motion within five days after the oral request unless that requirement is waived by the presiding officer No motion for continuance shall be made or granted without notice to all parties except in an emergency where notice is not feasible.

(2) Factors to consider In determining whether to grant a continuance, the presiding officer may consider:

a. Prior continuances;

b. The interests of all parties;

c. The likelihood of informal settlement;

d. The existence of an emergency;

e. Any objection;

f. Any applicable time requirement;

g. The existence of a conflict in the schedules of counsel, parties, and witnesses;

h. The timeliness of the request; and

i.Other relevant factors.

(3) The presiding officer may require documentation of any grounds for continuance.

(4) Failure of a party to timely obtain counsel, after clear and adequate notice of the right to be represented by an attorney, will not be considered grounds for a continuance in order to allow time to obtain counsel.

Iowa Admin. Code r. 161-4.11