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

1. If the receiver’s mortgage is filed of record in the office of the county recorder of the county in which the property is located within sixty days of the issuance of a secured note, the receiver’s mortgage is a first lien upon the property and is superior to claims of the rec…

The court may assess the costs and expenses set out in section 657A.6, subsection 2 , and may approve receiver’s fees to the extent that the fees are not covered by the income from the property. The receiver shall pay the costs and reasonable attorney fees of a plaintiff who requ…

The receiver may be discharged at any time in the discretion of the court. The receiver shall be discharged when all of the following have occurred: 1. The public nuisance has been abated. 2. The costs of the receivership have been paid. 3. Either all the receiver’s notes and mor…

As used in this chapter , unless the context otherwise requires, “book” , “list” , “record” , or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1 . 2000 Acts, ch 1148, §1

All money recovered in an action brought under section 658.9 shall be paid by the officer collecting it to the auditor of the county in which the lands are situated, which shall be held by the auditor, and an entry thereof made in a book kept for that purpose, until the lands are…

If a guardian, tenant for life or years, joint tenant, or tenant in common of real property commit waste thereon, that person is liable to pay three times the damages which have resulted from such waste, to the person who is entitled to sue therefor. [C51, §2134; R60, §3716; C73,…

Judgment of forfeiture and eviction may be rendered against the defendant whenever the amount of damages so recovered is more than two-thirds the value of the interest such defendant has in the property injured, when the action is brought by the person entitled to the reversion. …

Any person whose duty it is to prevent waste, and who fails to use reasonable and ordinary care to avert the same, shall be held to have committed it. [C51, §2136; R60, §3718; C73, §3334; C97, §4305; C24, 27, 31, 35, 39, § 12404; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §…

For willfully injuring any timber, tree, or shrub on the land of another, or in the street or highway in front of another’s cultivated ground, yard, or city lot, or on the public grounds of any city, or any land held by the state for any purpose whatever, the perpetrator shall pa…

The owner of an estate in remainder or reversion may maintain either of the aforesaid actions for injuries done to the inheritance, notwithstanding any intervening estate for life or years. [C51, §2139; R60, §3721; C73, §3337; C97, §4307; C24, 27, 31, 35, 39, § 12406; C46, 50, 54…

An heir, whether a minor or of full age, may maintain these actions for injuries done in the time of the heir’s ancestor as well as in the heir’s own time, unless barred by the statute of limitations. [C51, §2140; R60, §3722; C73, §3338; C97, §4308; C24, 27, 31, 35, 39, § 12407; …

The purchaser of lands or tenements at execution sale may have and maintain an action against any person for either of the causes above mentioned, occurring or existing after such purchase; but this provision shall not be construed to forbid the person occupying the lands in the …

Any person settled upon and occupying any portion of the public lands held by the state is not liable as a trespasser for improving or cultivating it in the ordinary course of husbandry, nor for taking and using timber or other materials necessary and proper to enable the person …

The owner of a treasurer’s certificate of purchase of land sold for taxes may recover treble damages of any person willfully committing waste or trespass thereon. [C73, §3343; C97, §4311; C24, 27, 31, 35, 39, § 12410; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §658.9 ] Refe…

In an action for slander or libel, it shall not be necessary to state any extrinsic facts for the purpose of showing the application to the plaintiff of any defamatory matter out of which the cause of action arose, or that the matter was used in a defamatory sense; but it shall b…

In any action for damages for the publication of a libel in a newspaper, free newspaper or shopping guide, or for defamatory statements made on a radio or television station, if the defendant can show that such libelous matter was published or broadcast through misinformation or …

If a retraction or correction thereof be not published in as conspicuous a place and type in said newspaper, free newspaper or shopping guide, as were the statements complained of, in a regular issue thereof published within two weeks after such service, or in case of a defamator…

If the plaintiff was a candidate for office at the time of the libelous publication, no retraction shall be available unless published in a conspicuous place on the editorial page, nor if the libel was published within two weeks next before the election. This section and sections…

The owner, lessee, licensee, or operator of a radio broadcasting station, and the agents or employees of any such owner, lessee, licensee, or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a radio broadcast, by o…

In actions for slander or libel, an unproved allegation of the truth of the matter charged shall not be deemed proof of malice, unless the jury on the whole case finds that such defense was made with malicious intent. [R60, §2929; C73, §2682; C97, §3593; C24, 27, 31, 35, 39, § 12…

This chapter may be cited as the “Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act”. 2021 Acts, ch 56, §1

As used in this chapter , unless the context otherwise requires: 1. “Consent” means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization. 2. “Depicted individual” means an individual whose body is shown in whole or in part…

1. As used in this section , unless the context otherwise requires: a. “Harm” includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm. b. “Private” means any of the following: (1) Created or obtained under circumstance…

1. As used in this section , unless the context otherwise requires: a. “Child” means an unemancipated individual who is less than eighteen years of age. b. “Parent” means an individual recognized as a parent under law of this state other than this chapter . 2. A person is not lia…

In an action under this chapter all of the following are true: 1. Identifying characteristics of the plaintiff shall be redacted from all pleadings and documents filed in the action under rule of civil procedure 1.422 , without court order. 2. A plaintiff to whom subsection 1 app…

1. In an action under this chapter , a prevailing plaintiff may recover all of the following: a. The greater of the following: (1) Economic and noneconomic damages proximately caused by the defendant’s disclosure or threatened disclosure, including damages for emotional distress …

1. An action under section 659A.3, subsection 2 , for: a. An unauthorized disclosure shall not be brought later than four years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence. b. A threat to disclose shall not …

This chapter shall be construed to be consistent with the Communications Decency Act of 1996 , 47 U.S.C. §230 . 2021 Acts, ch 56, §8

In applying and construing this chapter , consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. 2021 Acts, ch 56, §9

The court, after such judgment, shall order the defendant to deliver over all books and papers in the defendant’s custody or under the defendant’s control belonging to said office. [C51, §2159; R60, §3741; C73, §3354; C97, §4322; C24, 27, 31, 35, 39, § 12426; C46, 50, 54, 58, 62,…

They shall sue for and recover the debts and property of the corporation, and shall be responsible to the creditors and stockholders, respectively, to the extent of the effects which come into their hands. [C51, §2172; R60, §3754; C73, §3366; C97, §4334; C24, 27, 31, 35, 39, § 12…

Any person who without good reason refuses to obey an order of the court, as herein provided, shall be guilty of contempt, and shall be punished accordingly, and shall be further liable for the damages resulting to any person on account of the disobedience of the person who refus…

When judgment has been rendered in favor of the claimant, the claimant may, at any time within one year thereafter, bring an action against the defendant, and recover the damages the claimant has sustained by reason of the act of the defendant. [C51, §2160; R60, §3742; C73, §3355…

When judgment of ouster is rendered against a corporation on account of the misconduct of the directors or officers thereof, such officers shall be jointly and severally liable to an action by anyone injured thereby. [C51, §2173; R60, §3755; C73, §3359; C97, §4327; C24, 27, 31, 3…

If a corporation is ousted and dissolved by the proceedings herein authorized, the court shall appoint three disinterested persons as trustees of the creditors and stockholders. [C51, §2166; R60, §3748; C73, §3360; C97, §4328; C24, 27, 31, 35, 39, § 12432; C46, 50, 54, 58, 62, 66…

Said trustees shall enter into a bond in such a penalty and with such security as the court approves, conditioned for the faithful discharge of their trust. [C51, §2167; R60, §3749; C73, §3361; C97, §4329; C24, 27, 31, 35, 39, § 12433; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,…

Action may be brought on such bond by any person injured by the negligence or wrongful act of the trustees in the discharge of their duties. [C51, §2168; R60, §3750; C73, §3362; C97, §4330; C24, 27, 31, 35, 39, § 12434; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §660.6 ]

The trustees shall proceed immediately to collect the debts and pay the liabilities of the corporation, and to divide the surplus among those thereto entitled. [C51, §2169; R60, §3751; C73, §3363; C97, §4331; C24, 27, 31, 35, 39, § 12435; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, …

The court shall, upon application for that purpose, order any officer of such corporation, or any other person having possession of any of the effects, books, or papers thereof, in any wise necessary for the settlement of its affairs, to deliver the same to the trustees. [C51, §2…

As soon as practicable after their appointment, the trustees shall make and file in the office of the clerk of the court an inventory, sworn to by each of them, of all the effects, rights, and credits which come to their possession or knowledge. [C51, §2171; R60, §3753; C73, §336…

The action of mandamus is one brought to obtain an order commanding an inferior tribunal, board, corporation, or person to do or not to do an act, the performance or omission of which the law enjoins as a duty resulting from an office, trust, or station. [R60, §3761; C73, §3373; …

The pleadings and other proceedings in any action in which a mandamus is claimed shall be the same, as nearly as may be, and costs shall be recoverable by either party, as in an ordinary action for the recovery of damages. [R60, §3766; C73, §3379; C97, §4347; C24, 27, 31, 35, 39,…

When the action is brought by a private person, it may be joined with a cause of action for such an injunction as may be obtained by ordinary proceedings, or with the causes of actions specified in this chapter , but no other joinder and no counterclaim shall be allowed. [R60, §4…

When the plaintiff recovers judgment, the court may include therein a peremptory order of mandamus directed to the defendant, commanding the defendant forthwith to perform the duty to be enforced, together with a money judgment for damages and costs, upon which an ordinary execut…

The order commanding the performance of the duty shall be directed to the party and shall be returnable forthwith. No return except that of compliance shall be allowed; however, the court may upon sufficient grounds allow reasonable time for making the return. [R60, §3769; C73, §…

The court may, upon application of the plaintiff, besides or instead of proceeding against the defendant by attachment, direct that the act required to be done may be done by the plaintiff or some other person appointed by the court, at the expense of the defendant, and, upon the…