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

1. A transfer or obligation is not voidable under section 684.4, subsection 1 , paragraph “a” , against a person that took in good faith and for a reasonably equivalent value given the debtor or against any subsequent transferee or obligee. 2. To the extent a transfer is avoidabl…

A claim for relief with respect to a transfer or obligation under this chapter is extinguished unless action is brought as follows: 1. Under section 684.4, subsection 1 , paragraph “a” , not later than four years after the transfer was made or the obligation was incurred or, if l…

The supreme court may answer questions of law certified to it by the supreme court of the United States, a court of appeals of the United States, a United States district court or the highest appellate court or the intermediate appellate court of another state, when requested by …

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. [ C81, §684A.10 ]

This chapter may be cited as the “Uniform Certification of Questions of Law Act” . [ C81, §684A.11 ]

This chapter may be invoked by an order of a court referred to in section 684A.1 upon the court’s own motion or upon the motion of a party to the cause. [ C81, §684A.2 ]

A certification order shall set forth the questions of law to be answered and a statement of facts relevant to the questions certified, showing fully the nature of the controversy in which the questions arose. [ C81, §684A.3 ]

The certification order shall be prepared by the certifying court, signed by the judge presiding at the hearing, and forwarded to the supreme court by the clerk of the certifying court under its official seal. The supreme court may require the original or copies of all or of a po…

Fees and costs shall be the same as in civil appeals docketed before the supreme court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification. [ C81, §684A.5 ]

The supreme court may prescribe rules of procedure concerning the answering and certification of questions of law under this chapter . [ C81, §684A.6 ] 83 Acts, ch 186, §10128, 10201 ; 98 Acts, ch 1115, §17, 21 Rules adopted by the supreme court are published in the compilation “…

The written opinion of the supreme court stating the law governing the questions certified shall be sent by the clerk under the seal of the supreme court to the certifying court and to the parties. [ C81, §684A.7 ]

The supreme court or the court of appeals, on its own motion or the motion of a party, may order certification of questions of law to the highest court of another state when it appears to the certifying court that there are involved in a proceeding before the court questions of l…

The procedures for certification from this state to the receiving state are those provided in the laws of the receiving state. [ C81, §684A.9 ]

1. “Claim” means any request or demand, whether pursuant to a contract or otherwise, for money or property and whether the state has title to the money or property, which is presented to an officer, employee, agent, or other representative of the state or to a contractor, grantee…

1. A person who commits any of the following acts is liable to the state for a civil penalty of not less than and not more than the civil penalty allowed under the federal False Claims Act, as codified in 31 U.S.C. §3729 et seq. , as may be adjusted in accordance with the inflati…

1. The attorney general shall diligently investigate a violation under section 685.2 . If the attorney general finds that a person has violated or is violating section 685.2 , the attorney general may bring a civil action under this section against that person. 2. a. A person may…

1. A subpoena requiring the attendance of a witness at a trial or hearing conducted under this chapter may be served at any place in the state, or through any means authorized in the Iowa rules of civil procedure. 2. A civil action under this chapter may not be brought more than …

1. Any action under section 685.3 may be brought in any county in which the defendant or, in the case of multiple defendants, any one defendant can be found, resides, transacts business, or in which any act proscribed by section 685.2 occurred. An original notice as required by t…

1. Issuance and service. a. If the attorney general, or a designee, for the purposes of this section , has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to a false claims law investigation, the atto…

The attorney general may adopt such rules and regulations as are necessary to effectuate the purposes of this chapter . 2010 Acts, ch 1031, §344

As used in this chapter , unless the context otherwise requires: 1. “Action” means any civil action or arbitration proceeding for damages or indemnity asserting a claim for injury to property, real or personal, arising out of the unsafe or defective condition of an improvement to…

1. A claimant shall not file an action without first complying with the requirements of this chapter . If a claimant files an action alleging a construction defect without first complying with the requirements of this chapter , on timely motion by a party to the action, the court…

1. Prior to commencing an action alleging a construction defect, the claimant shall, at least one hundred twenty days before filing an action, serve written notice of claim on the general contractor and subcontractor. The notice of claim shall refer to this chapter and must descr…

The procedures in this chapter apply to each construction defect. However, a claimant may include multiple defects in one notice of claim. A claimant may amend the initial list of construction defects to identify additional or new construction defects as the defects become known …

This chapter does not do any of the following: 1. Bar or limit any rights, including the right of specific performance to the extent such right would be available in the absence of this chapter , any causes of action, or any theories on which liability may be based, except as spe…

To the extent that an arbitration clause in a contract for the sale, design, or construction of real property conflicts with this chapter , this chapter shall control. 2019 Acts, ch 25, §6, 8, 9 Section applies to actions for which litigation has not commenced prior to April 15, …

1. This chapter applies to construction defects in new construction. This chapter does not apply to construction defects in renovations or remodels. 2. This chapter only applies to actions brought pursuant to a class action. 2019 Acts, ch 25, §7 – 9 Section applies to actions for…

This chapter shall be known and may be cited as the “Asbestos Bankruptcy Trust Claims Transparency Act” . 2017 Acts, ch 11, §1

As used in this chapter , unless the context otherwise requires: 1. “Asbestos” means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these m…

1. Within ninety days after an asbestos action is filed, or within ninety days after July 1, 2017, whichever is later, the plaintiff shall do all of the following: a. Provide the court and parties with a sworn statement signed by the plaintiff and the plaintiff’s counsel, under p…

1. A defendant may file a motion requesting a stay of the proceedings on or before the later of the sixtieth day before the date trial in the action is set to commence or the fifteenth day after the defendant first obtains information that could support additional trust claims by…

1. Trust claims materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos action. Notwithstanding any other provision of law to the contrary, a claim of privilege does not apply to any trust claims materials …

1. Not less than thirty days before trial in an asbestos action, the court shall enter into the record a document that identifies every asbestos trust claim made by the plaintiff or on the plaintiff’s behalf. 2. If a plaintiff proceeds to trial in an asbestos action before an asb…

In any asbestos action in which damages are awarded and setoffs are permitted under applicable law, a defendant is entitled to a setoff or credit in the amount the plaintiff has been awarded from an asbestos trust identified in section 686A.6, subsection 1 , and the amount of the…

1. On the motion of a defendant or judgment debtor seeking sanctions or other relief in an asbestos action, the court may impose any sanction provided by court rule or a law of this state, including but not limited to vacating a judgment rendered in the action, for a plaintiff’s …

1. This chapter applies to all asbestos actions filed on or after July 1, 2017. 2. This chapter applies to all pending asbestos actions in which trial has not commenced as of July 1, 2017, unless the court finds that the application of a provision in this chapter would unconstitu…

This chapter shall be known and may be cited as the “Asbestos and Silica Claims Priorities Act” . 2017 Acts, ch 11, §10

As used in this chapter , unless the context otherwise requires: 1. “AMA guides” means the American medical association’s guides to the evaluation of permanent impairment in effect at the time of the performance of any examination or test on the exposed person required under this…

1. A plaintiff in an asbestos action involving a nonmalignant condition or a silica action involving silicosis shall file with the complaint or other initial pleading a detailed narrative medical report and diagnosis, signed under oath by a qualified physician and accompanied by …

An asbestos action involving a nonmalignant condition shall not be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which asbestos exposure was a substantial contributing factor. The prima facie showing shall be ma…

A silica action involving silicosis shall not be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which exposure to silica was a substantial contributing factor. The prima facie showing shall be made as to each def…

Evidence relating to physical impairment, including pulmonary function testing and diffusing studies, offered in an action governed by this chapter , must satisfy all of the following requirements: 1. The evidence must comply with the quality controls, equipment requirements, met…

1. Evidence relating to the prima facie showings required under this chapter shall not create any presumption that the exposed person has an asbestos-related or silica-related injury or impairment, and shall not be conclusive as to the liability of any defendant. 2. No evidence s…

1. With respect to an asbestos action or silica action not barred by limitations as of July 1, 2017, an exposed person’s cause of action shall not accrue, nor shall the running of limitations commence, prior to the earliest of the following: a. The exposed person received a medic…

1. This chapter applies to all asbestos actions and silica actions filed on or after July 1, 2017. 2. This chapter applies to all pending asbestos actions and silica actions in which trial has not commenced as of July 1, 2017, unless the court finds that the application of a prov…

This chapter shall be known and may be cited as the “Successor Corporation Asbestos-Related Liability Fairness Act” . 2017 Acts, ch 11, §19