In the event a party waives a jury trial or gives notice of settlement later than two full working days before a civil action is scheduled to be tried to a jury or is reached for jury trial, whichever is later, or the case is settled during trial, a fee of $ 1000 shall be assessed as court costs. A late settlement fee shall not be waived by the court nor shall a continuance be granted for purposes of avoiding imposition of this fee. Fees so collected shall be remitted by the clerk to the treasurer of state to be deposited in the general fund of the state.
Rule 1.909.Fee for late settlement of jury trial
Division IX: Trial and Judgment · Last amended January 28, 2011 · Last verified July 15, 2026
In one sentenceRule 1.909 imposes a $1,000 court cost when a party waives a jury trial or gives notice of settlement later than two full working days before a scheduled or reached jury trial, or settles during trial, and bars the court from waiving that fee or granting a continuance to dodge it.
Full Text of Rule 1.909
Plain-English Summary
Jury trials take real preparation from the court and from the jurors summoned to serve, and Rule 1.909 attaches a cost to backing out too late. If a party waives a jury trial, or gives notice of settlement, later than two full working days before the case is scheduled to be tried to a jury or is reached for jury trial (whichever comes later), or if the case settles during the trial itself, a $1,000 fee gets assessed as court costs.
The rule closes off the obvious workarounds. The court cannot waive this fee, and it cannot grant a continuance for the purpose of avoiding it. There is no discretionary escape hatch once the late waiver or late settlement has happened.
The money does not stay local. Once collected, the fee is remitted by the clerk to the state treasurer for deposit in the state's general fund, rather than being retained by the county or the court itself.
Frequently Asked Questions
When does the $1,000 late settlement fee under Rule 1.909 apply?
It applies if a party waives a jury trial or gives notice of settlement later than two full working days before the case is scheduled to be tried to a jury or is reached for jury trial, whichever is later, or if the case settles during the trial.
Can the court waive this fee if there is a good reason for the late settlement?
No. Rule 1.909 states the fee shall not be waived by the court.
Can I get a continuance to avoid triggering the fee?
No. Rule 1.909 prohibits granting a continuance for the purpose of avoiding imposition of this fee.
Where does the $1,000 fee go once it is collected?
Rule 1.909 requires the clerk to remit fees collected under this rule to the treasurer of state, for deposit in the state's general fund.
Does settling a case during trial itself trigger this fee?
Yes. Rule 1.909 treats a case settled during trial the same as a late waiver or late settlement notice given after the two-full-working-day cutoff.
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
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