Iowa Administrative Code
Agency 721 - Secretary of State
Division II - Elections
Chapter 25 - Election Administration-administrative Complaint Procedure
Rule 721-25.20 - Continuances

Universal Citation: IA Admin Code 721-25.20

Current through Register Vol. 47, No. 6, September 18, 2024

Unless otherwise provided, applications for continuances shall be made to the presiding officer.

(1) A written application for a continuance shall:

a. Be made at the earliest possible time and no less than seven days before the hearing except in case of emergencies;

b. State the specific reasons for the request; and

c. Be signed by the requesting party or the party's representative.

An oral application for a continuance may be made if the presiding officer waives the requirement for a written motion. However, a party making such an oral application for a continuance must confirm that request by written application within five days after the oral request unless that requirement is waived by the presiding officer. No application for continuance shall be made or granted without notice to all parties except in an emergency where notice is not feasible.

(2) In determining whether to grant a continuance, the presiding officer may require documentation of any grounds for continuance, and may consider:

a. Prior continuances;

b. The interests of all parties;

c. The likelihood of informal settlement;

d. The existence of an emergency;

e. Any objection;

f. Any applicable time requirements;

g. The existence of a conflict in the schedules of counsel, parties, or witnesses;

h. The timeliness of the request; and

i. Other relevant factors.

Disclaimer: These regulations may not be the most recent version. Iowa may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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