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

1. As used in this section : a. “Commercial motor vehicle” means as defined in section 321.1, subsection 11 , paragraph “f” , subparagraphs (1), (2), and (4), and also includes a glider kit vehicle as defined in section 321.1, subsection 28A ; a road tractor as defined in section…

Applicability of this chapter . This chapter does not apply to Article 3 or 4 of chapter 554 . 94 Acts, ch 1167, §119, 122

As used in this chapter , unless otherwise required, “party” means any of the following: 1. A claimant. 2. A person named as defendant. 3. A person who has been released pursuant to section 668.7 . 4. A third-party defendant. 84 Acts, ch 1293, §2 Referred to in §516A.5 , 668.5…

1. a. Contributory fault shall not bar recovery in an action by a claimant to recover damages for fault resulting in death or in injury to person or property unless the claimant bears a greater percentage of fault than the combined percentage of fault attributed to the defendants…

In actions brought under this chapter , the rule of joint and several liability shall not apply to defendants who are found to bear less than fifty percent of the total fault assigned to all parties. However, a defendant found to bear fifty percent or more of fault shall only be …

1. A right of contribution exists between or among two or more persons who are liable upon the same indivisible claim for the same injury, death, or harm, whether or not judgment has been recovered against all or any of them. It may be enforced either in the original action or by…

1. If the percentages of fault of each of the parties to a claim for contribution have been established previously by the court as provided in section 668.3 , a party paying more than the party’s percentage share of damages may recover judgment for contribution upon motion to the…

A release, covenant not to sue, or similar agreement entered into by a claimant and a person liable discharges that person from all liability for contribution, but it does not discharge any other persons liable upon the same claim unless it so provides. However, the claim of the …

The filing of a petition under this chapter tolls the statute of limitations for the commencement of an action against all parties who may be assessed any percentage of fault under this chapter . 84 Acts, ch 1293, §8 Referred to in §516A.5

It shall be an unfair trade practice, as defined in chapter 507B , if an insurer assigns a percentage of fault to a claimant, for the purpose of reducing a settlement, when there exists no reasonable evidence upon which the assigned percentage of fault could be based. The prohibi…

1. In a trial of a claim involving the request for punitive or exemplary damages, the court shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, indicating all of the following: a. Whether, by a preponderance of clear, convincing…

This chapter may be cited as the “Iowa Tort Claims Act” . Every provision of this chapter is applicable and of full force and effect notwithstanding any inconsistent provision of the Iowa administrative procedure Act, chapter 17A . [C66, 71, 73, 75, 77, 79, 81, §25A.1 ] C93, §669…

1. Any award made under this chapter and accepted by the claimant shall be final and conclusive on all officers of the state of Iowa, except when procured by means of fraud, notwithstanding any other provisions of law to the contrary. 2. The acceptance by the claimant of such awa…

Any award to a claimant under this chapter , and any judgment in favor of any claimant under this chapter , shall be paid promptly out of appropriations which have been made for that purpose, if any; but any such amount or part thereof which cannot be paid promptly from such appr…

The director of the department of management shall annually report to the general assembly all claims and judgments paid under this chapter . Such report shall include the name of each claimant, a statement of the amount claimed and the amount awarded, and a brief description of …

1. Except as provided in section 614.8 , a claim or suit otherwise permitted under this chapter shall be forever barred, unless within two years after the claim accrued, the claim is made in writing and filed with the director of the department of management under this chapter . …

The provisions of this chapter shall not apply, with respect to any claim against the state, to: 1. Any claim based upon an act or omission of an employee of the state, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be …

1. Notwithstanding any other provision of law, an employee of the state subject to a claim brought under this chapter shall not be liable for monetary damages if any of the following apply: a. The right, privilege, or immunity secured by law was not clearly established at the tim…

The court rendering a judgment for a claimant under this chapter or the attorney general, making an award under section 669.3 or 669.9 , shall, as a part of the judgment or award, determine and allow reasonable attorney fees and expenses. The attorney fees and expenses shall be p…

From and after March 31, 1965, the authority of any state agency to sue or be sued in its own name shall not be construed to authorize suits against such state agency on claims as defined in this chapter . The remedies provided by this chapter in such cases shall be exclusive. [C…

Nothing contained in this chapter shall be deemed to repeal any provision of law authorizing any state agency to consider, ascertain, adjust, compromise, settle, determine, allow, or pay any claim other than a claim as defined in this chapter . [C66, 71, 73, 75, 77, 79, 81, §25A.…

If a claim is made or a suit is begun under this chapter , and if a determination is made by the attorney general or by the court that the claim or suit is not permitted under this chapter for any reason other than lapse of time, the time to make a claim or to begin a suit under …

The attorney general shall fully investigate each claim under this chapter and may exercise the authority provided in section 25.5 in performing the investigation. [C66, 71, 73, 75, 77, 79, 81, §25A.19 ] 85 Acts, ch 67, §6 C93, §669.19 2006 Acts, ch 1185, §111

As used in this chapter , unless the context otherwise requires: 1. “Acting within the scope of the employee’s office or employment” means acting in the employee’s line of duty as an employee of the state. 2. “Award” means any amount determined by the attorney general to be payab…

If a claim or suit against the state is covered by liability insurance, the provisions of the liability insurance policy on defense and settlement shall be applicable notwithstanding any inconsistent provisions of this chapter . The attorney general shall cooperate with the insur…

1. Except as otherwise provided in subsection 2 , the state shall defend any employee, and shall indemnify and hold harmless an employee against any claim as defined in section 669.2, subsection 3 , paragraph “b” , including claims arising under the Constitution, statutes, or rul…

The state shall defend any employee, and shall indemnify and hold harmless an employee of the state in any action commenced in federal court under 42 U.S.C. §1983 against the employee for acts of the employee while acting in the scope of employment. The duty to indemnify and hold…

Employees of the state are not personally liable for any claim which is exempted under section 669.14 . 84 Acts, ch 1259, §4 C85, §25A.23 C93, §669.23

A person who performs services for the state government or any agency or subdivision of state government and who does not receive compensation is not personally liable for a claim based upon an act or omission of the person performed in the discharge of the person’s duties, excep…

A person who performs services for a fair, as defined in section 174.1 , and is not a full-time employee of the fair is not personally liable for a claim based upon an act or omission of the person performed in the discharge of the person’s duties, except for acts or omissions wh…

This chapter shall not be construed to be a waiver of sovereign immunity for a claim for money damages under the Constitution of the State of Iowa. 2021 Acts, ch 183, §13, 16

1. The attorney general, on behalf of the state of Iowa, shall consider, ascertain, adjust, compromise, settle, determine, and allow any claim that is subject to this chapter . 2. A claim made under this chapter shall be filed with the director of the department of management, wh…

1. The district court of the state of Iowa for the district in which the plaintiff is resident or in which the act or omission complained of occurred, or where the act or omission occurred outside of Iowa and the plaintiff is a nonresident, the Polk county district court has excl…

1. A suit shall not be permitted for a claim under this chapter unless the attorney general has made final disposition of the claim. However, if the attorney general does not make final disposition of a claim within six months after the claim is made in writing to the director of…

In suits under this chapter , the forms of process, writs, pleadings, and actions, and the practice and procedure, shall be in accordance with the rules of civil procedure. The same provisions for counterclaims, setoff, interest upon judgments, and payment of judgments, are appli…

Judgments in the district courts in suits under this chapter shall be subject to appeal to the supreme court of the state in the same manner and to the same extent as other judgments of the district courts. [C66, 71, 73, 75, 77, 79, 81, §25A.7 ] C93, §669.7

The final judgment in any suit under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the state or the employee of the state whose act or omission gave rise to the claim. However, this section shall not appl…

With a view to doing substantial justice, the attorney general is authorized to compromise or settle any suit permitted under this chapter , with the approval of the court in which suit is pending. [C66, 71, 73, 75, 77, 79, 81, §25A.9 ] C93, §669.9 Referred to in §669.2 , 669.15…

As used in this chapter , the following terms shall have the following meanings: 1. “Governing body” means the council of a city, county board of supervisors, board of township trustees, local school board, and other boards and commissions exercising quasi-legislative, quasi-exec…

When a final judgment is entered against or a settlement is made by a municipality for a claim within the scope of section 670.2 or 670.8 , payment shall be made and the same remedies apply in the case of nonpayment as in the case of other judgments against the municipality. If a…

This chapter shall have no application to any occurrence or injury claim or action arising prior to January 1, 1968. [C71, 73, 75, 77, 79, 81, §613A.11 ] C93, §670.11

All officers and employees of municipalities are not personally liable for claims which are exempted under section 670.4 , except claims for punitive damages, and actions permitted under section 85.20 . An officer or employee of a municipality is not liable for punitive damages a…

A default judgment shall not be taken against an employee, officer, or agent of a municipality unless the municipality is a party to the action and the time for special appearance, motion or answer by the municipality under rule of civil procedure 1.303 has expired. [ 82 Acts, ch…

This chapter shall not be construed to be a waiver of sovereign immunity for a claim for money damages under the Constitution of the State of Iowa. 2021 Acts, ch 183, §15, 16

1. Except as otherwise provided in this chapter , every municipality is subject to liability for its torts and those of its officers and employees, acting within the scope of their employment or duties, whether arising out of a governmental or proprietary function. 2. For the pur…

In any action subject to the provisions of this chapter , an affirmative showing that the injured party had actual knowledge of the existence of the alleged obstruction, disrepair, defect, accumulation, or nuisance at the time of the occurrence of the injury, and a further showin…