Scheduled civil trials are routinely continued in Iowa, often with the consent of everyone involved. Procedurally, though, a client must consent in writing to the continuance, unless the court waives the written approval.
Iowa Rule of Civil Procedure 1.910(2) states: “All motions for continuance in a case set for trial shall be signed by counsel, if any, and approved in writing by the party represented, unless such approval is waived by court order.”
The best way to file a motion for continuance is to include a statement at the end of the motion, signed by the client, in substantially the following form: “I, [insert name of client], hereby approve the request in the above motion for a continuance of the scheduled trial in this matter.”
The Rule, however, is actually less demanding. “Approved in writing” does not necessarily mean a signed statement. It could be an email from the client saying, “Go ahead.”
Sometimes it is necessary to file the motion for continuance before the client can provide written approval of the continuance. In such cases, the motion should contain a statement such as: “The undersigned requests that the Court waive written approval of the parties represented, pursuant to Iowa Rule of Civil Procedure 1.910(2).” Alternatively, I have merely included a sentence in the proposed order attached to the motion that states: “Pursuant to Iowa Rule of Civil Procedure 1.910(2), the written approval of the parties represented is hereby waived.” Attorneys should still obtain oral approval from their clients.
I have never actually had a judge raise the issue of a client’s written approval of a motion for continuance. Most judges are likely to be more concerned with whether the client has been consulted and does approve of the continuance than with whether the attorney has a written consent from the client.
Not surprisingly, no Iowa appellate court has had the opportunity to address Rule 1.910(2).
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