There are tons of traps for lawyers – little deadlines or rules that could easily be missed and screw up a case. Good lawyers know what they are and how to avoid them. Here’s one:
Iowa Rule of Civil Procedure 1.906 states that the clerk shall set a trial-setting conference in all cases within 90 days of filing. This conference is to be set within 150 days of filing. No problem, right?
Well what happens if you don’t get a trial setting notice? Clerks are great, hardworking, and do their jobs well, but things slip through the cracks occasionally.
The rule states that the parties are responsible for having a trial setting conference within 150 days. It doesn’t provide for a remedy if this doesn’t happen, but I wouldn’t want to find out.
(Howard Zimmerle is a trial lawyer practicing in Davenport and the surrounding areas).