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Ch 1, p.48 CIVIL PROCEDURE December 2010
1.902(4) Notwithstanding the failure of a party to demand a jury in an action in which a demand
might have been made of right, the court, in its discretion on motion and for good cause shown, but
not ex parte, and upon such terms as the court prescribes, may order a trial by jury of any or all issues.
[Report 1943; amendment 1945; amendment 1961; amendment 1979; October 31, 1997, effective January
24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.903 Trial of issues; reporting.
1.903(1) Trial of issues. All issues shall be tried to the court except those for which a jury is
demanded. Issues for which a jury is demanded shall be tried to a jury unless the court finds that there
is no right thereto or all parties appearing at the trial waive a jury in writing or orally in open court.
1.903(2) Reporting. Unless waived by the parties, all trial proceedings shall be reported including:
a. All oral comments or statements of the court during the progress of the trial, any objections,
and the court’s rulings.
b. The proceedings impaneling the jury, any objections, and the court’s rulings.
c. Opening statements, any objections, and the court’s rulings.
d. The oral testimony, offers of proof, any objections, and the court’s rulings.
e. The fact that the testimony was closed to the public.
f. The identification of exhibits, by letter or number or other appropriate mark, all written or other
evidence offered, any objections, and the court’s rulings.
g. All motions or other pleas made during the trial, any objections, and the court’s rulings.
h. Closing arguments, any objections, and the court’s rulings.
i. The return of the verdict.
j. Any other proceedings before the court or jury which might be preserved and made of record
by a bill of exceptions.
1.903(3) Court reporter memorandum. Promptly after reporting a proceeding a court reporter
shall file a memorandum that includes all of the following:
a. The type of proceeding that was reported.
b. The date(s) on which the proceeding occurred.
c. The name of the court reporter who reported the proceeding.
d. The name of the judge who presided over the proceeding.
e. The reporting fee for the proceeding.
The court reporter shall use the court reporter memorandum form found in rule 1.1901, form
12. The form shall be signed by the court reporter. The court reporter is not required to serve the
memorandum on the parties. The district court clerk shall enter the memorandum on the docket. This
memorandum shall constitute the certification required by Iowa Code section 624.10.
1.903(4) Transcripts—rates for transcribing a court reporter’s official notes. Pursuant to Iowa
Code section 602.3202, the maximum compensation of shorthand reporters for transcribing their
official notes shall be as provided in Iowa Ct. R. 22.28.
[Report 1943; November 9, 2001, effective February 15, 2002; April 27, 2006, effective July 1, 2006; March
15, 2007, effective June 1, 2007; July 31, 2008, effective October 1, 2008; August 10, 2009, effective October
9, 2009]
Rule 1.904 Findings by court.
1.904(1) The court trying an issue of fact without a jury, whether by equitable or ordinary
proceedings, shall find the facts in writing, separately stating its conclusions of law, and direct an
appropriate judgment. No request for findings is necessary for purposes of review. Findings of a
master shall be deemed those of the court to the extent it adopts them.
1.904(2) On motion joined with or filed within the time allowed for a motion for new trial,
the findings and conclusions may be enlarged or amended and the judgment or decree modified
accordingly or a different judgment or decree substituted. But a party, on appeal, may challenge the
sufficiency of the evidence to sustain any finding without having objected to it by such motion or
otherwise. Resistances to such motions and replies may be filed and supporting briefs may be served
as provided in rules 1.431(4) and 1.431(5).
[Report 1943; amendment 1973; October 31, 1997, effective January 24, 1998; November 9, 2001, effective
February 15, 2002]