Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

The provisions of this Code concerning the prosecution of a civil action apply to both ordinary and equitable proceedings unless the contrary appears, and shall be followed in special actions not otherwise regulated, so far as applicable. [C51, §2516; R60, §2620, 4173; C73, §2520…

The title of the cause shall not be changed in any of its stages of transit from one court to another. [R60, §2949; C73, §2721; C97, §3631; C24, 27, 31, 35, 39, § 10951; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §611.14 ]

Judgment obtained in an action by ordinary proceedings shall not be annulled or modified by any order in an action by equitable proceedings, except for a defense which has arisen or been discovered since the judgment was rendered. But such judgment does not prevent the recovery o…

No action to obtain a discovery shall be brought, except, where a person or corporation is liable either jointly or severally with others by the same contract, an action may be brought against any parties who are liable, to obtain discovery of the names and residences of the othe…

In such action the plaintiff shall state in the petition, in effect, that the plaintiff has used due diligence, without success, to obtain the information asked to be discovered, and that the plaintiff does not believe the parties to the contract who are known to the plaintiff ha…

The cost of such action shall be paid by the plaintiff unless the discovery be resisted. [R60, §4127; C73, §2523; C97, §3441; C24, 27, 31, 35, 39, § 10955; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §611.18 ]

Successive actions may be maintained upon the same contract or transaction whenever, after the former action, a new cause of action has arisen thereon or therefrom. [R60, §4128; C73, §2524; C97, §3442; C24, 27, 31, 35, 39, § 10956; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,…

1. A civil action is a proceeding in a court of justice in which one party, known as the plaintiff, demands against another party, known as the defendant, the enforcement or protection of a private right, or the prevention or redress of a private wrong. It may also be brought for…

All causes of action shall survive and may be brought notwithstanding the death of the person entitled or liable to the same. [C51, §2502; R60, §3467; C73, §2525; C97, §3443; C24, 27, 31, 35, 39, § 10957; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §611.20 ] Referred to in §…

The right of civil remedy is not merged in a public offense and is not restricted for other violation of law, but may in all cases be enforced independently of and in addition to the punishment of the former. [C51, §2500; R60, §4110; C73, §2526; C97, §3444; C24, 27, 31, 35, 39, §…

Any action contemplated in sections 611.20 and 611.21 may be brought, or the court, on motion, may allow the action to be continued, by or against the legal representatives or successors in interest of the deceased. Such action shall be deemed a continuing one, and to have accrue…

In a civil case in which a plaintiff is seeking relief or damages for alleged elder abuse as defined in section 235F.1 , sexual abuse as defined in section 709.1 , or domestic abuse as defined in section 236.2 , the plaintiff may seek, and the court may grant, an order requiring …

All forms of action are abolished, but proceedings in civil actions may be of two kinds, ordinary or equitable. [R60, §2608, 2610; C73, §2507; C97, §3426; C24, 27, 31, 35, 39, § 10940; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §611.3 ]

The plaintiff may prosecute an action by equitable proceedings in all cases where courts of equity, before the adoption of this Code, had jurisdiction, and must so proceed in all cases where such jurisdiction was exclusive. [R60, §2611; C73, §2508; C97, §3427; C24, 27, 31, 35, 39…

An action on a note, together with a mortgage or deed of trust for the foreclosure of the same, shall be by equitable proceedings. An action on the bond or note alone, without regard therein to the mortgage or deed of trust, shall be by ordinary proceedings. [R60, §4179; C73, §25…

In all other cases, unless otherwise provided, the plaintiff must prosecute an action by ordinary proceedings. [R60, §2612; C73, §2513; C97, §3431; C24, 27, 31, 35, 39, § 10943; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §611.6 ]

An error of the plaintiff as to the kind of proceedings adopted shall not cause the abatement or dismissal of the action, but merely a change into the proper proceedings, and a transfer to the proper docket. [R60, §2613; C73, §2514; C97, §3432; C24, 27, 31, 35, 39, § 10944; C46, …

Such error may be corrected by the plaintiff without motion at any time before the defendant has answered, or afterwards on motion in court. [R60, §2614; C73, §2515; C97, §3433; C24, 27, 31, 35, 39, § 10945; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §611.8 ]

The defendant may have the correction made by motion at or before the filing of an answer, where it appears by the provisions of this Code wrong proceedings have been adopted. [R60, §2615, 2616; C73, §2516; C97, §3434; C24, 27, 31, 35, 39, § 10946; C46, 50, 54, 58, 62, 66, 71, 73…