Expedited civil actions

1.281(1) General provisions. a. Eligible actions. Rule 1.281 governs “expedited civil actions” in which the sole relief sought is a money judgment and in which all claims (other than compulsory counterclaims) for all damages by or against any one party total $75,000 or less, including damages of any kind, penalties, prefiling interest, July 2023 CIVIL PROCEDURE Ch 1, p.13 and attorney fees, but excluding prejudgment interest accrued after the filing date, postjudgment interest, and costs. b. Excluded actions. Rule 1.281 does not apply to small claims or domestic relations cases. c. Electing expedited procedures. Eligible plaintiffs can elect to proceed as an expedited civil action by certifying that the sole relief sought is a money judgment and that all claims (other than compulsory counterclaims) for all damages by or against any one party total $75,000 or less, including damages of any kind, penalties, prefiling interest, and attorney fees, but excluding prejudgment interest accrued after the filing date, postjudgment interest, and costs. The certification must be on a form approved by the supreme court and signed by all plaintiffs and their attorneys if represented. Eligible plaintiffs must file the certification before the discovery conference deadline under rule 1.507(1). The certification is not admissible to prove a plaintiff’s damages in the expedited civil action or in any other proceeding. d. Iowa Rules of Civil Procedure otherwise apply. Except as otherwise specifically provided by this rule, the Iowa Rules of Civil Procedure are applicable to expedited civil actions. Iowa Court Rule 23.5—Form 3: Trial Scheduling and Discovery Plan for Expedited Civil Action must be used for expedited civil actions in lieu of Form 2 of rule 23.5. e. Limitation on damages. Except as provided in rule 1.281(1)(f), a party proceeding under rule 1.281 may not recover a judgment in excess of $75,000, nor may a judgment be entered against a party in excess of $75,000, excluding prejudgment interest that accrues after the filing date, postjudgment interest, and costs. The jury, if any, must not be informed of the $75,000 limitation. If the jury returns a verdict for damages in excess of $75,000 for or against a party, the court may not enter judgment on that verdict in excess of $75,000, exclusive of prejudgment interest that accrues after the filing date, postjudgment interest, and costs. f. Stipulated expedited civil action. In a civil action not eligible under rule 1.281(1)(a) and not excluded by rule 1.281(1)(b), the parties may request to proceed as an expedited civil action upon the parties’ filing of a Joint Motion to Proceed as an Expedited Civil Action. If the court grants the parties’ motion, and unless the parties have otherwise agreed, the parties will not be bound by the $75,000 limitation on judgments in rule 1.281(1)(e). The parties may enter into additional stipulations regarding damages and attorney fees. Unless otherwise ordered, the joint motion and any stipulations must not be disclosed to the jury. g. Termination of expedited civil action. Upon timely application of any party, the court may terminate application of this rule and enter such orders as are appropriate under the circumstances if: (1) The moving party makes a specific showing of substantially changed circumstances sufficient to render the application of this rule unfair; or (2) A party has in good faith filed a compulsory counterclaim that seeks relief other than that allowed under rule 1.281(1)(a). h. Permissive counterclaims. Permissive counterclaims are subject to the $75,000 limitation on damages under rule 1.281(1)(e), unless the court severs the permissive counterclaim. i. Side. As used throughout rule 1.281, the term “side” refers to all the litigants with generally common interests in the litigation. COMMENT: Rule 1.281(1)(a). The rule provides that absent stipulation, a single party in an expedited civil action cannot recover more than $75,000 or be liable for more than $75,000. A single party could obtain a damage verdict in excess of $75,000, so long as the final judgment in the proceeding in favor of that party (after apportionment of fault and offsets for any settlements and exclusive of prejudgment interest, postjudgment interest, and costs) does not exceed $75,000. [Court Order August 28, 2014, effective January 1, 2015] Rule 1.281(1)(c). Rule 1.1901 provides the Expedited Civil Action Certificate for eligible plaintiffs to complete. [Court Order August 28, 2014, effective January 1, 2015] Rule 1.281(1)(g). If the judgment in an expedited civil action is reversed and remanded on appeal, the case remains subject to rule 1.281 on remand, unless the trial court, upon motion, terminates the expedited civil action pursuant to this provision. [Court Order August 28, 2014, effective January 1, 2015] 1.281(2) Discovery in expedited civil actions. a. Discovery period. Except upon agreement of the parties or leave of court granted upon a showing of good cause, all discovery must be completed no later than 60 days before trial. b. Initial disclosures. Expedited civil actions are subject to the initial disclosure requirements of rule 1.500(1). c. Limited and simplified discovery procedures. Except upon agreement of the parties or leave of court granted upon a showing of good cause, discovery in expedited civil actions is subject to the following additional limitations: Ch 1, p.14 CIVIL PROCEDURE July 2023 (1) Interrogatories to parties. Subject to rule 1.509(4), each side may serve no more than ten interrogatories on any other side. (2) Production of documents. In addition to document disclosures required under rule 1.500(1)(a), each side may serve no more than ten requests for production on any other side under rule 1.512. (3) Requests for admission. Each side may serve no more than ten requests for admission on any other side under rule 1.510. This limit does not apply to requests for admission of the genuineness of documents that the party intends to offer into evidence at trial. (4) Depositions upon oral examination. 1. Parties. One deposition of each party may be taken. With regard to corporations, partnerships, voluntary associations, or any other groups or entities named as a party, one representative deponent may be deposed. 2. Other deponents. Each side may take the deposition of up to two nonparties. d. Number of expert witnesses. Each side is entitled to one retained expert, except upon agreement of the parties or leave of court granted upon a showing of good cause. e. Motion for leave of court. A motion for leave of court to modify the limitations provided in rule 1.281(2) must be in writing and must set forth the proposed additional discovery and the reasons establishing good cause for its use. 1.281(3) Motions. a. Motions to dismiss. Any party may file any motion permitted by rule 1.421. Unless the court orders a stay, the filing of a motion to dismiss will not eliminate or postpone otherwise applicable pleading or disclosure requirements. b. Motions for summary judgment. (1) Limited grounds. Motions for summary judgment under rule 1.981 may be made in an expedited civil action only upon the following grounds: 1. To collect on an open account or other liquidated debt. 2. To establish an obligation to indemnify. 3. To assert an immunity defense. 4. Failure to comply with Iowa Code section 668.11 or other deadline for disclosure. 5. Failure to provide notice or exhaust remedies as required by law. 6. To raise any other matter constituting an avoidance or affirmative defense. (2) Limited number. Each party may file no more than one motion for summary judgment under