1.908(1) Of settlements. Whenever a case assigned for trial has been settled, it shall be the duty of the attorneys or parties appearing in person to so notify the court immediately.
Rule 1.908.Duty to notify court
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.908 requires attorneys or self-represented parties to notify the court immediately when a case set for trial settles, and requires an attorney caught in a conflicting trial elsewhere to inform the court, which may hold the case in abeyance, and then to notify the court and be ready to proceed once free.
Full Text of Rule 1.908
(2) Of conflicting engagements and termination thereof. When a case assigned for trial is reached and an attorney of record therein is then actually engaged in a trial in another court, it shall be the attorney's duty to so inform the court who may hold the trial of such case in abeyance until the engagement is concluded. As soon as the attorney is free from such engagement, it shall be the attorney's duty to notify the court immediately and stand ready to proceed with trial of the case.
Plain-English Summary
A trial date is a shared resource, and Rule 1.908 makes sure the court finds out promptly when that date is no longer needed or is about to be delayed. Under Rule 1.908(1), when a case assigned for trial has settled, the attorneys involved, or a party appearing without one, must notify the court right away.
Rule 1.908(2) handles a different scheduling conflict — an attorney of record who is engaged in trial in another court at the moment this case is reached. That attorney has to inform the court of the conflict, and the court then has the option to hold this trial in abeyance until the other engagement wraps up.
The duty does not end with that first notification. As soon as the attorney is free from the other engagement, Rule 1.908(2) requires notifying the court immediately and standing ready to proceed with this trial without further delay.
Frequently Asked Questions
What do I have to do if my case settles right before trial?
Rule 1.908(1) requires the attorneys, or a self-represented party, to notify the court immediately once a case assigned for trial has settled.
What happens if my attorney is engaged trying another case when this one is reached for trial?
Rule 1.908(2) requires the attorney to inform the court of the conflicting engagement. The court may then hold this trial in abeyance until that other engagement is concluded.
Once my attorney's other trial ends, what happens next?
Rule 1.908(2) requires the attorney to notify the court immediately once free of the conflicting engagement and to stand ready to proceed with trial of this case.
Is this notification duty just for attorneys, or does it apply to self-represented parties too?
Rule 1.908(1) covers both — it applies to the attorneys or the parties appearing in person when a case has settled.
Can the court keep waiting indefinitely for a conflicting engagement to end?
Rule 1.908(2) gives the court discretion to hold the case in abeyance until the engagement concludes, but the attorney's own duty to notify the court once free is what keeps that process moving toward trial.
Source & verification. Rule text and the Comment are
reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the
Iowa Supreme Court. Last verified July 15, 2026.
· Official source
Also known as: iowa duty to notify court of settlementattorney conflicting trial engagement iowarule 1.908 iowacase settled before trial notify court