Legal Question in Civil Litigation in Iowa

The court case is in Mills county Iowa. It is a small claims court suite over defective windows. The defendants attorney has made a motion for leave to take deposition and a motion for continuance. His reason for continuance is that the attorneys law firm has just given him the case (9) days before the court date and he needs more time to get up to speed on the case. Do I have a right in Iowa court to a fast track or speedy trial and what would I say to the magistrate on a telephonic hearing not to allow a continuance and let the trial go on it scheduled date. Thanks Tim


Asked on 9/25/09, 3:01 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

There's no speedy trial for a civil case. Generally continuances are granted if it is the first one that's been requested. The court will ask you why you're resisting and you'll have to tell them your reasons. If they're valid they may carry some weight. On the other hand if the defendant's attorney looks like he's stalling that's not going to go well for him. Who is he trying to depose and for what reason? Is it relevant to your case?

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Answered on 9/26/09, 12:04 am


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