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

1. This chapter applies to no-contact orders issued for violations or alleged violations of sections 708.2A , 708.2D , 708.7 , 708.11 , 709.2 , 709.3 , and 709.4 , and any other public offense for which there is a victim. 2. A protective order issued in a civil proceeding shall b…

1. When a person is taken into custody for contempt proceedings pursuant to section 236.11 , taken into custody pursuant to section 236A.12 , or arrested for any public offense referred to in section 664A.2, subsection 1 , and the person is brought before a magistrate for initial…

1. The clerk of the district court or other person designated by the court shall provide a copy of the no-contact order to the victim pursuant to this chapter and chapter 915 . 2. The clerk of the district court shall provide a notice and copy of the no-contact order to the appro…

1. In lieu of personal service of a no-contact order or a protective order on a person whose activities are restrained by the order, a sheriff of any county in this state or any peace officer or corrections officer in this state may serve the person with a short-form notification…

If a defendant is convicted of, receives a deferred judgment for, or pleads guilty to a public offense referred to in section 664A.2, subsection 1 , or is held in contempt for a violation of a no-contact order issued under section 664A.3 or for a violation of a protective order i…

1. If a peace officer has probable cause to believe that a person has violated a no-contact order issued under this chapter , the peace officer shall take the person into custody and shall take the person without unnecessary delay before the nearest or most accessible magistrate …

1. Violation of a no-contact order issued under this chapter or a protective order issued pursuant to chapter 232 , 235F , 236 , 236A , or 598 , including a modified no-contact order, is punishable by summary contempt proceedings. 2. A hearing in a contempt proceeding brought pur…

Upon the filing of an application by the state or by the victim of any public offense referred to in section 664A.2, subsection 1 which is filed within ninety days prior to the expiration of a modified no-contact order, the court shall modify and extend the no-contact order for a…

Any officer authorized to punish for contempt is a court within the meaning of this chapter . [C51, §1608; R60, §2698; C73, §3501; C97, §4470; C24, 27, 31, 35, 39, § 12540; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §665.1 ]

When the offender is committed, the warrant must state the particular facts and circumstances on which the court acted in the premises, and whether the same was in the knowledge of the court or was proved by witnesses. [C51, §1605; R60, §2695; C73, §3498; C97, §4467; C24, 27, 31,…

No appeal lies from an order to punish for a contempt, but the proceedings may, in proper cases, be taken to a higher court for revision by certiorari. [C51, §1606; R60, §2696; C73, §3499; C97, §4468; C24, 27, 31, 35, 39, § 12550; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, …

The punishment for a contempt constitutes no bar to an indictment, but if the offender is indicted and convicted for the same offense, the court, in passing sentence, must take into consideration the punishment before inflicted. [C51, §1607; R60, §2697; C73, §3500; C97, §4469; C2…

The following acts or omissions are contempts, and are punishable as such by any of the courts of this state, or by any judicial officer, including judicial magistrates, acting in the discharge of an official duty, as hereinafter provided: 1. Contemptuous or insolent behavior tow…

In addition to the acts or omissions in section 665.2 , any court of record may punish the following acts or omissions as contempts: 1. Failure to testify before a grand jury, when lawfully required to do so. 2. Assuming to be an officer, attorney, or counselor of the court, and …

The punishment for contempt, where not otherwise specifically provided, shall be: 1. In the supreme court or the court of appeals, by a fine not exceeding one thousand dollars or by imprisonment in a county jail not exceeding six months, or by both such fine and imprisonment. 2. …

If the contempt consists in an omission to perform an act which is yet in the power of the person to perform, the person may be imprisoned until the person performs it. In that case the act to be performed must be specified in the warrant of the commitment. [C51, §1601; R60, §269…

Unless the contempt is committed in the immediate view and presence of the court, or comes officially to its knowledge, an affidavit showing the nature of the transaction is necessary as a basis for further action in the premises. [C51, §1602; R60, §2692; C73, §3495; C97, §4464; …

Before punishing for contempt, unless the offender is already in the presence of the court, the offender must be served personally with an order to show cause against the punishment, and a reasonable time given the offender therefor; or the offender may be brought before the cour…

Where the action of the court is founded upon evidence given by others, such evidence must be in writing, and be filed and preserved. [C51, §1604; R60, §2694; C73, §3497; C97, §4466; C24, 27, 31, 35, 39, § 12547; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §665.8 ]

If the court or judge acts upon personal knowledge in the premises, a statement of the facts upon which the order is founded must be entered on the records of the court, or be filed and preserved when the court keeps no record, and shall be a part of the record. [C51, §1604; R60,…

The official bond of a public officer is to be construed as a security to the body politic or civil corporation of which the person is an officer, and to all the members thereof, severally, who are intended to be secured thereby. [C51, §2145; R60, §3727; C73, §3368; C97, §4336; C…

A judgment in favor of a party for one delinquency does not preclude the same or another party from an action on the same security for another delinquency, except that sureties can be made liable in the aggregate only to the extent of their undertaking. [C51, §2147; R60, §3728; C…

Fines and forfeitures, after deducting court costs, court expenses collectible through the clerk of the court, and fees of collection, if any, and not otherwise disposed of, shall be paid to the treasurer of state for deposit in the general fund of the state. [C51, §1158, 2148; R…

Actions for their recovery may be prosecuted by the officers or persons to whom they by law belong, in whole or in part, or by the public officer into whose hands they are to be paid when collected. [C51, §2149; R60, §3730; C73, §3371; C97, §4339; C24, 27, 31, 35, 39, § 12555; C4…

A judgment for a penalty or forfeiture, rendered by collusion, does not prevent another action for the same subject matter. [C51, §2150; R60, §3731; C73, §3372; C97, §4340; C24, 27, 31, 35, 39, § 12556; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §666.5 ]

The clerk of the district court shall make an annual report in writing to the state court administrator no later than August 15 of the fines, penalties, forfeitures, and recognizances which have not been paid, remitted, canceled, or otherwise satisfied during the previous fiscal …

In an action brought against the owners of any boat or raft to recover any debt contracted by such owner, or by the master, agent, clerk, or consignee thereof, for supplies furnished, or for labor done in, about, or on such boat or raft, or for materials furnished in building, re…

If a fractional share of the boat or raft is thus sold, the purchaser shall hold such share or interest jointly with the other owners. [C51, §2127; R60, §3709; C73, §3441; C97, §4411; C24, 27, 31, 35, 39, § 12567; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §667.10 ]

If an appeal is taken by the defendant before the property is discharged as above provided, the appeal bond, if one is filed, will have the same effect in discharging it as the bond above contemplated, and execution shall issue against the obligors therein after judgment in the s…

Nothing herein contained is intended to affect the rights of a plaintiff to sue in the same manner as though the provisions of this chapter had not been enacted. [C51, §2129; R60, §3711; C73, §3443; C97, §4413; C24, 27, 31, 35, 39, § 12569; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77…

In actions commenced in accordance with the provisions of this chapter , it is sufficient to allege the contract to have been made with the boat or raft itself. [C51, §2130; R60, §3712; C73, §3444; C97, §4414; C24, 27, 31, 35, 39, § 12570; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77,…

Claims growing out of either of the above causes shall be liens upon the boat or raft, its tackle, and appendages, for the term of twenty days from the time the right of action therefor accrued. [R60, §3699; C73, §3446; C97, §4415; C24, 27, 31, 35, 39, § 12571; C46, 50, 54, 58, 6…

The execution by or for the owner of such boat or raft of a bond, whereby possession of the same is obtained or retained by the owner, shall be an appearance of such owner as a defendant to the action. [R60, §4130; C73, §3448; C97, §4416; C24, 27, 31, 35, 39, § 12572; C46, 50, 54…

The petition must be in writing, sworn to, and filed with the clerk who shall thereupon issue a warrant to the proper officer, commanding the officer to seize the boat or raft, its apparel, tackle, furniture, and appendages, and detain the same until released by due course of law…

The warrant may be issued on Sunday, if the plaintiff, the plaintiff’s agent, or attorney states in the petition that it would be unsafe to delay proceedings. [R60, §3702; C73, §3434; C97, §4404; C24, 27, 31, 35, 39, § 12560; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §667.…

It shall be sufficient service of the original notice in such an action to serve it on the defendant, or on the master, agent, clerk, or consignee of such boat or raft; if neither of them can be found, it may be served by posting a copy thereof on some conspicuous part of the sam…

Any marshal of any city may execute the warrant. [R60, §3704; C73, §3436; C97, §4406; C24, 27, 31, 35, 39, § 12562; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §667.5 ]

Any persons interested in the property seized may appear for the defendant in person or by an agent or attorney, and defend the action, and no continuance shall be granted to the plaintiff while the property is held in custody. [C51, §2123; R60, §3705; C73, §3437; C97, §4407; C24…

The property seized may be discharged at any time before final judgment, by giving a bond with sureties, to be approved by the officer executing the warrant, or by the clerk who issued it, in a penalty double the plaintiff’s demand, conditioned that the obligors therein will pay …

If judgment is rendered for the plaintiff before the property is thus discharged, a special execution shall be issued against it. If it has been previously discharged, the execution shall issue against the principal and sureties in the bond without further proceedings. [C51, §212…

The officer must first sell the furniture or appendages of the boat or raft, if by so doing the officer can satisfy the demand. If the officer sells the boat or raft, the officer must do so to the bidder who will advance the amount required to satisfy the execution for lowest fra…

1. As used in this chapter , “fault” means one or more acts or omissions that are in any measure negligent or reckless toward the person or property of the actor or others, or that subject a person to strict tort liability. The term also includes breach of warranty, unreasonable …

1. In any action brought pursuant to this chapter , the state or a municipality shall not be assigned a percentage of fault for any of the following: a. The failure to place, erect, or install a stop sign, traffic control device, or other regulatory sign as defined in the uniform…

1. A party in a professional liability case brought against a licensed professional pursuant to this chapter who intends to call an expert witness of their own selection, shall certify to the court and all other parties the expert’s name, qualifications and the purpose for callin…

1. In any action brought pursuant to this chapter against an assembler, designer, supplier of specifications, distributor, manufacturer, or seller for damages arising from an alleged defect in the design, testing, manufacturing, formulation, packaging, warning, or labeling of a p…

1. In any civil action involving the operation of a commercial motor vehicle requiring a commercial driver’s license, there shall not be civil liability for damages for an employer’s negligent hiring of an employee if all of the following apply: a. The employer complies with subs…