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

The court may defer a term of grand or petit juror service upon a finding of hardship, inconvenience, or public necessity; however the juror may be required to serve at a later date established by the court. The court may excuse a person from grand juror service, considering the …

A person who knowingly makes a false affidavit, statement, or claim, for the purpose of relieving the person or another person from juror service, or a person who requests the court to select the person as a juror for a particular case, commits contempt. 86 Acts, ch 1108, §15

1. A grand juror and a petit juror in all courts shall receive thirty dollars as compensation for each day’s service or attendance, including attendance required for the purpose of being considered for service. The supreme court may adopt rules that allow additional compensation …

1. A court of the district court, court of appeals, or supreme court shall authorize the commencement, prosecution, or defense of a suit, action, proceeding, or appeal, whether civil or criminal, without the prepayment of fees, costs, or security upon a showing that the person is…

When an application and supporting affidavit pursuant to this chapter are filed with the court and approved by the court in a civil or criminal action, the court shall direct the appropriate officers of the court to issue and serve all necessary writs, process, and proceedings. 8…

When an application and supporting affidavit are filed and approved by the court and a civil or criminal proceeding is instituted, the court shall order that all fees, costs, and security be deferred until final disposition of the proceeding. 86 Acts, ch 1088, §3 ; 88 Acts, ch 11…

If after entry of an order authorizing prosecution of the case without prepayment of fees, costs, or security, the court finds that the affidavit of inability to pay was without merit, the court may order the person to pay the fees, costs, or security within fourteen days or the …

A person who knowingly and wrongfully invokes the privileges of this chapter without just cause, or who knowingly makes a false statement regarding the person’s inability to pay fees, costs, or security, is guilty of perjury and shall be punished as provided in section 720.2 . 86…

1. Notwithstanding section 610.1 or 822.5 , if the person bringing a civil action or appeal is an inmate of an institution or facility under the control of the department of corrections or a prisoner of a county or municipal jail or detention facility, the inmate or prisoner shal…

1. In addition to the penalty provided in section 610.5 , if applicable, or any other applicable penalty under the Code, the court may dismiss an action or appeal that is subject to this chapter , in whole or in part, on a finding of any of the following: a. The allegation of ina…

1. If an action or appeal brought by an inmate or prisoner in state court is dismissed pursuant to section 610A.2 , or, if brought in federal court, is dismissed under any of the principles enumerated in section 610A.2 , the inmate shall be subject to the following penalties: a. …

The state or a county or municipality shall have the right to set off the cost of incarceration of an inmate or prisoner at any time, following notice and hearing, against any claim made by or monetary obligation owed to an inmate or prisoner for whom the cost of incarceration ca…

Every proceeding in court is an action, and is civil, special, or criminal. [R60, §2605; C73, §2504; C97, §3424; C24, 27, 31, 35, 39, § 10938; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §611.1 ]

Where the action has been properly commenced by ordinary proceedings, either party shall have the right, by motion, to have any issue heretofore exclusively cognizable in equity tried in the manner hereinafter prescribed in cases of equitable proceedings; and if all the issues we…

If there is more than one party plaintiff or defendant, who fail to unite on the kind of proceedings to be adopted, the court, on its own motion, may direct such proceedings to be changed to the same extent as if the parties had united in asking it to be done. [C73, §2518; C97, §…

An error as to the kind of proceedings adopted in the action is waived by a failure to move for its correction at the time and in the manner prescribed in this chapter ; and all errors in the decisions of the court are waived unless excepted to at the time, save final judgments a…

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…

Where two or more persons are bound by contract or by judgment, decree, or statute, whether jointly only, or jointly and severally, or severally only, including the parties to negotiable paper, common orders, and checks, and sureties on the same or separate instruments, or by any…

After compliance with sections 613.11 and 613.12 and sections 613.8 and 613.9 the state of Iowa shall have the same standing as any other plaintiff or defendant and any and all orders, judgments, or decrees rendered and entered in any such action shall be binding on the state of …

The state of Iowa hereby waives immunity from suit and consents to the jurisdiction of any court in which an action is brought against the state department of transportation respecting any claim, right, or controversy arising out of the work performed, or by virtue of the provisi…

Any such action shall name the Iowa state department of transportation as defendant and the venue for trial shall be in the county, or in the federal court district, where all or part of the construction work was performed. [C66, 71, 73, 75, 77, 79, 81, §613.12 ] Referred to in §…

Service upon the state of Iowa shall be made by serving an original notice or summons, with a copy of the petition attached, upon any member of the Iowa state department of transportation in the manner provided for the service of original notices in actions brought in the distric…

Actions against the state of Iowa authorized under the provisions of section 613.11 may be instituted within three years from the date of the completion or acceptance of the work, whichever date is later, except that this should not apply to contracts completed and accepted and f…

In any action for damages because of the wrongful or negligent injury or death of a woman, there shall be no disabilities or restrictions, and recovery may be had on account thereof in the same manner as in cases of damage because of the wrongful or negligent injury or death of a…

A parent or the parents of a child may recover for the expense and actual loss of services, companionship, and society resulting from injury to or death of a minor child and may recover for the expense and actual loss of services, companionship, and society resulting from the dea…

1. A cause of action shall not arise and damages shall not be awarded, on behalf of any person, based on a wrongful birth claim that, but for an act or omission of the defendant, a child would not or should not have been born. 2. A cause of action shall not arise and damages shal…

1. The parent or parents of an unemancipated minor child under the age of eighteen years shall be liable for actual damages to person or property caused by unlawful acts of such child. However, a parent who is not entitled to legal custody of the minor child at the time of the un…

1. A person, who in good faith renders emergency care or assistance without compensation, shall not be liable for any civil damages for acts or omissions occurring at the place of an emergency or accident or while the person is in transit to or from the emergency or accident or w…