§ 652.4 — Stay

Iowa § 652.4

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 652: UNIFORM PUBLIC EXPRESSION PROTECTION ACT

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1. Exceptasotherwiseprovidedinsubsections4through7, onthefilingofamotionunder
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. Exceptasotherwiseprovidedinsubsections5, 6, and7, ifapartyappealsfromanorder
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. Duringastayundersubsection1, thecourtmayallowlimiteddiscoveryifapartyshows
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.