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Current as of January 01, 2024 | Updated by Findlaw Staff
1. Except as otherwise provided in subsections 4 through 7, on the filing of a motion under section 652.3, all of the following apply:
a. All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed. b. On motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion under section 652.3.
2. A stay under subsection 1 remains in effect until entry of an order ruling on the motion under section 652.3 and expiration of the time under section 652.9 for the moving party to appeal the order.
3. Except as otherwise provided in subsections 5, 6, and 7, if a party appeals from an order ruling on a motion under section 652.3, all proceedings between all parties in the action are stayed. The stay remains in effect until the conclusion of the appeal.
4. During a stay under subsection 1, the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under section 652.7, subsection 1, and the information is not reasonably available unless discovery is allowed.
5. A motion under section 652.10 for costs, attorney fees, and expenses is not subject to a stay under this section.
6. A stay under this section does not affect a party's ability to voluntarily dismiss a cause of action or part of a cause of action or move to sever a cause of action.
7. During a stay under this section, the court for good cause may hear and rule on all of the following:
a. A motion unrelated to the motion under section 652.3.
b. A motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.
Cite this article: FindLaw.com - Iowa Code Title XV. Judicial Branch and Judicial Procedures [Chs. 595-686] § 652.4. Stay - last updated January 01, 2024 | https://codes.findlaw.com/ia/title-xv-judicial-branch-and-judicial-procedures-chs-595-686/ia-code-sect-652-4/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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