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

A dispute arising between a government body, as defined in section 22.1 , and a newspaper regarding the publication of a notice or report of proceedings under this chapter shall be heard by the Iowa public information board created pursuant to section 23.3 as a contested case pro…

Any public official who violates the provisions of section 618.1 or who willfully fails to make publication as now required of the public official by law of any notice, report of proceedings or other matter whatsoever, shall be guilty of a simple misdemeanor. [C97, §550; C24, 27,…

1. For the purpose of establishing and giving assured circulation to all notices and reports of proceedings required by statute to be published within the state, if newspapers are required to be used, only a newspaper which meets all of the following requirements shall be designa…

1. A statewide association representing a majority of newspapers in the state shall operate and maintain a statewide public notice internet site containing all notices and reports of proceedings required by statute to be published within the state by newspapers. 2. To qualify as …

A change of name or ownership of a newspaper thus designated that does not affect its general circulation as above required shall in no way disqualify such newspaper for selection in making such publication of legal notices. [C35, §11099-e2; C39, § 11099.2; C46, 50, 54, 58, 62, 6…

Publications may be made in a newspaper published at least once a week. [C73, §3832; C97, §1293; S13, §1293; C24, 27, 31, 35, 39, § 11100; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §618.5 ] 2003 Acts, ch 108, §106

The plaintiff or executor or the plaintiff’s or executor’s attorney, in all publications concerning actions, executions, and estates, may designate the newspaper in which such publication shall be made. [C73, §3832; C97, §1293; S13, §1293; C24, 27, 31, 35, 39, § 11101; C46, 50, 5…

The clerk of the district court, sheriff, auditor, treasurer, and recorder shall designate the newspapers in which the notices pertaining to their respective offices shall be published and the board of supervisors shall designate the newspapers in which all other county notices a…

If a newspaper refuses to publish a statutorily required public notice, a government body, as defined in section 22.1 , satisfies public notice requirements with respect to that public notice by posting the public notice on the official internet site of the government body and fo…

When the publication is in a newspaper which is published more than once a week, the succeeding publications of such notice shall be on the same day of the week as the first publication. This section shall not apply to any notice for the publication of which provision inconsisten…

In the defense part of an answer or reply, it shall not be necessary to make a prayer for judgment. [R60, §2883; C73, §2658; C97, §3569; C24, 27, 31, 35, 39, § 11118; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §619.1 ]

Under a denial of an allegation, no evidence shall be introduced which does not tend to negative some fact the party making the controverted allegation is bound to prove. [R60, §2944; C73, §2704; C97, §3615; C24, 27, 31, 35, 39, § 11196; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 7…

When a party claims by conveyance, the party may state it according to its legal effect or name. [R60, §2952; C73, §2723; C97, §3633; C24, 27, 31, 35, 39, § 11212; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §619.11 ]

It shall not be necessary to allege the commencement of either a particular or a superior estate, unless it be essential to the merits of the case. [R60, §2954; C73, §2724; C97, §3634; C24, 27, 31, 35, 39, § 11213; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §619.12 ]

In actions for injuries to goods and chattels, their kind or species shall be alleged. [R60, §2956; C73, §2725; C97, §3635; C24, 27, 31, 35, 39, § 11214; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §619.13 ]

In actions for injuries to real property, the petition shall describe the property, and when the injury is to an incorporeal hereditament, shall describe the property in respect of which the right is claimed, as well as the right itself, either by the numbers by which the propert…

In an action on a bond with conditions, the party suing thereon shall notice the conditions and allege the facts constituting the breaches relied on. [C51, §1818; R60, §2960; C73, §2728; C97, §3638; C24, 27, 31, 35, 39, § 11217; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §6…

The court, in every stage of an action, must disregard any error or defect in the proceeding which does not affect the substantial rights of the adverse party; and no judgment shall be reversed or affected by reason of such error or defect. [R60, §2978; C73, §2690; C97, §3601; C2…

A plaintiff does not have the burden of pleading and proving the plaintiff’s freedom from contributory fault. If a defendant relies upon contributory fault of a plaintiff to diminish the amount to be awarded as compensatory damages, the defendant has the burden of pleading and pr…

In an action for personal injury or wrongful death, the amount of money damages demanded shall not be stated in the petition, original notice, or any counterclaim or cross-petition. However, a party filing the petition, original notice, counterclaim, or cross-petition shall certi…

1. Pleadings need not be verified unless otherwise required by statute. Where a pleading is verified, it is not necessary that subsequent pleadings be verified unless otherwise required by statute. 2. The signature of a party, the party’s legal counsel, or any other person repres…

If the action challenges the legality, validity or constitutionality of a proposed constitutional amendment, the defendant shall plead within three days after service of the original notice. [C31, 35, §11121-d1; C39, § 11121.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §61…

If the action challenges the legality, validity or constitutionality of a proposed constitutional amendment, the court shall not extend the time to plead more than two days beyond the time fixed in section 619.2 . [C31, 35, §11123-d1; C39, § 11123.1; C46, 50, 54, 58, 62, 66, 71, …

The original files shall be taken from the clerk’s office only on order of the judge by leaving with the clerk a receipt for the same. [C97, §3558; SS15, §3558; C24, 27, 31, 35, 39, § 11126; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §619.4 ]

A motion or demurrer once filed shall not be withdrawn without the consent of the adverse party in writing, or given in open court, or of the court. [R60, §2870; C73, §2642; C97, §3556; C24, 27, 31, 35, 39, § 11139; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §619.5 ]

A comaker or surety, when sued alone, may, with the consent of the comaker or principal, make use of by way of counterclaim of a debt or liquidated demand due from the plaintiff at the commencement of the action to such comaker or principal, but the plaintiff may meet such counte…

In any action brought to recover damages for an injury to person, character, or property, the defendant may set forth, in a distinct division of the defendant’s answer, any facts, of which evidence is legally admissible, to mitigate or otherwise reduce the damages, whether a comp…

No mitigating circumstances shall be proved unless pleaded, except such as are shown by or grow out of the testimony introduced by the adverse party. [R60, §2929; C73, §2682; C97, §3593; C24, 27, 31, 35, 39, § 11173; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §619.8 ]

A party shall not be compelled to prove more than is necessary to entitle the party to the relief asked for, or any lower degree included therein, nor more than sufficient to sustain the party’s defense. [R60, §2966; C73, §2729; C97, §3639; C24, 27, 31, 35, 39, § 11181; C46, 50, …

If a defendant, at any time before answering shall make and file an affidavit stating that the defendant has a good defense in whole or in part, the plaintiff, or party bringing the action or proceeding, if the plaintiff or party is a nonresident of this state, or a private or fo…

A nonresident intervenor or party bringing an action in probate shall be required in like manner to give bond on motion of any party required to answer or defend. [S13, §3847; C24, 27, 31, 35, 39, § 11246; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §621.2 ] Referred to in §…

The application for such security shall be by motion, filed with the case, and the facts supporting it must be shown by affidavits annexed thereto, which may be responded to by counter affidavits on or before the hearing of the motion, and each party shall file all the affidavits…

An action in which a bond for costs is required by sections 621.1 through 621.3 shall be dismissed, if a bond is not given in such time as the court allows. [R60, §3443; C73, §2928; C97, §3848; C24, 27, 31, 35, 39, § 11248; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §621.4 …

If the plaintiff or any intervenor in an action, after its institution and at any time before its final determination, becomes a nonresident of this state, the plaintiff or intervenor may be required to give security for costs in the manner provided in sections 621.1 through 621.…

In an action in which a bond for costs has been given, the defendant may, at any time before trial, make a motion for additional security, and if on such motion the court is satisfied that the surety in the plaintiff’s bond has removed from the state, or it is not sufficient for …

No attorney or other officer of the court shall be received as security in any proceeding in court. [R60, §3446; C73, §2931; C97, §3851; C24, 27, 31, 35, 39, § 11251; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §621.7 ] Similar provision, §636.5

After final judgment has been rendered in an action in which security for costs has been given as above required, the court may, on motion of the defendant or any other person having the right to such costs or any part thereof, render judgment summarily, in the name of the defend…

In all cases in which a bond for security for costs is required, the party required to give such security may deposit in cash the amount fixed in said bond with the clerk of the district court in lieu of said bond. [S13, §3852-a; C24, 27, 31, 35, 39, § 11253; C46, 50, 54, 58, 62,…

1. When the laws of this state or any lawful requirement made under them requires or permits a matter to be supported by a sworn statement written by the person attesting the matter, the person may attest the matter by an unsworn written statement if that statement recites that t…

1. A practicing attorney, counselor, physician, surgeon, physician assistant, advanced registered nurse practitioner, mental health professional, or the stenographer or confidential clerk of any such person, who obtains information by reason of the person’s employment, or a membe…

When the reporter taking such notes in any case or proceeding in court has ceased to be the reporter of such court, any transcript by the reporter made therefrom and sworn to by the reporter before any person authorized to administer an oath as a full, true, and complete transcri…

When any exhibit, record, or document is referred to in such shorthand notes or transcript thereof, the identity of such exhibit, record, or document, as the one referred to by the witness, may be proven either by the reporter or any other person who heard the evidence of the wit…

Any witness who refuses to obey such subpoena or after appearance refuses to testify shall be reported by the officer or commissioner to the district court of the county where the subpoena was issued. [C24, 27, 31, 35, 39, § 11367; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,…

A witness appearing before an officer directed to take the witness’ deposition is entitled to the same fees and mileage as a witness in the court in which the deposition is to be used. If subpoenaed, such a witness is entitled to fees and mileage in advance, as in other cases. [C…

1. Any report, claim, tax return, statement, or any payment required or authorized to be filed or made to the state, or any political subdivision which is transmitted through the United States mail or mailed but not received by the state or political subdivision or received and t…

If any report, claim, tax return, statement, or payment is sent by United States mail and either registered or certified, a record authenticated by the United States post office shall be considered competent evidence that the report, claim, tax return, statement, or payment was d…