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

When an instrument consists partly of written and partly of printed form, the former controls the latter, if the two are inconsistent. [C51, §2400; R60, §3993; C73, §3651; C97, §4616; C24, 27, 31, 35, 39, § 11274; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §622.21 ]

When the terms of an agreement have been intended in a different sense by the parties to it, that sense is to prevail against either party in which a party had reason to suppose the other understood it. [C51, §2401; R60, §3994; C73, §3652; C97, §4617; C24, 27, 31, 35, 39, § 11275…

Historical works, books of science or art, and published maps or charts, when made by persons indifferent between the parties, are presumptive evidence of facts of general notoriety or interest therein stated. [C51, §2402; R60, §3995; C73, §3653; C97, §4618; C24, 27, 31, 35, 39, …

When a subscribing witness denies or does not recollect the execution of the instrument to which the witness’ name is subscribed as such witness, its execution may be proved by other evidence. [C51, §2403; R60, §3996; C73, §3654; C97, §4619; C24, 27, 31, 35, 39, § 11277; C46, 50,…

Evidence respecting handwriting may be given by experts, by comparison, or by comparison by the jury, with writings of the same person which are proved to be genuine. [C51, §2404; R60, §3997; C73, §3655; C97, §4620; C24, 27, 31, 35, 39, § 11278; C46, 50, 54, 58, 62, 66, 71, 73, 7…

Every private writing, except a last will and testament, after being acknowledged or proved and certified in the manner prescribed for the proof or acknowledgment of conveyances of real property, may be read in evidence without further proof. [C51, §2407; R60, §4000; C73, §3656; …

The entries and other writings of a person deceased, who was in a position to know the facts therein stated, made at or near the time of the transaction, are presumptive evidence of such facts, when the entry was made against the interest of the person so making it, or when made …

1. Any writing or record, whether in the form of an entry in a book or otherwise, including electronic means and interpretations thereof, offered as memoranda or records of acts, conditions, or events to prove the facts stated therein, shall be admissible as evidence if the judge…

No person offered as a witness in any action or proceeding in any court, or before any officer acting judicially, shall be excluded by reason of the person’s interests in the event of the action or proceeding, or because the person is a party thereto, except as provided in this c…

1. In all cases where depositions are taken by either method provided by law, outside of the county in which the case is for trial where books of account are competent evidence in the case, the party desiring to offer the entries of said books as evidence may cause the same to be…

In any civil action for professional negligence, personal injury, or wrongful death or in any arbitration proceeding for professional negligence, personal injury, or wrongful death against a person in a profession regulated by one of the boards listed in section 272C.1 or in any …

1. The provision of rule of evidence 5.412 involving a victim of sexual abuse shall apply to discovery conducted in a criminal case or in a postconviction relief proceeding under chapter 822 including but not limited to depositions. 2. If a defendant in a criminal action or an ap…

1. As used in this section : a. “Child” means a person under fourteen years of age. b. “Cognitive impairment” means a deficiency in a person’s short-term or long-term memory; orientation as to person, place, and time; deductive or abstract reasoning; or judgment as it relates to …

Except when otherwise specially provided, no evidence of the following enumerated contracts is competent, unless it be in writing and signed by the party charged or by the party’s authorized agent: 1. Those made in consideration of marriage. 2. Those wherein one person promises t…

The provisions of section 622.32, subsection 3 , do not apply where the purchase money, or any portion thereof, has been received by the vendor, or when the vendee, with the actual or implied consent of the vendor, has taken and held possession of the premises under and by virtue…

The provisions of sections 622.32 and 622.33 , relating merely to the proof of contracts, shall not prevent the enforcement of those not denied in the pleadings, except in cases when the contract is sought to be enforced, or damages recovered for the breach thereof, against some …

The oral evidence of the maker against whom the unwritten contract is sought to be enforced shall be competent to establish the same. [C51, §2413; R60, §4010; C73, §3667; C97, §4628; C24, 27, 31, 35, 39, § 11288; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §622.35 ]

Every instrument in writing affecting real estate, or the adoption of minors, which is acknowledged or proved and certified as required, may be read in evidence without further proof. [C51, §1227; R60, §2235, 4001; C73, §3659; C97, §4629; C24, 27, 31, 35, 39, § 11289; C46, 50, 54…

Evidence offered to prove past medical expenses shall be limited to evidence of the amounts actually paid to satisfy the bills that have been satisfied, regardless of the source of payment, and evidence of the amounts actually necessary to satisfy the bills that have been incurre…

United States and state patents for land in the state, and duly certified copies thereof from the general land office of the United States, or the state land office, that have been or may be recorded in the recorder’s office of the county in which the land is situated, shall be m…

A copy of the field notes of any licensed professional land surveyor, or a plat made by the surveyor and certified under oath as correct, may be received as evidence to show the shape or dimensions of a tract of land, or any other fact the ascertainment of which requires the exer…

Duly certified copies of all records and entries or papers belonging to any public office, or by authority of law filed to be kept therein, shall be evidence in all cases of equal credibility with the original record or papers so filed. [C51, §2432; R60, §4047; C73, §3702; C97, §…

Copies of entries made in the book of “copies of original entries”, kept as a record in the office of the county recorder, when such book has been compared with the originals and certified as true copies by the register of the United States land office at which such original entr…

Copies of additional entries shall, from time to time, be procured as made, certified as required in section 622.44 , and entered in the book of “copies of original entries”, until all the lands in the county have been entered and so certified. [R60, §4050; C73, §3705; C97, §4637…

Every officer having the custody of a public record or writing shall furnish any person, upon demand and payment of the legal fees therefor, a certified copy thereof. [C51, §2433; R60, §4051; C73, §3706; C97, §4638; C24, 27, 31, 35, 39, § 11299; C46, 50, 54, 58, 62, 66, 71, 73, 7…

Copies of all maps, official letters, and other documents in the office of the surveyor general of the United States, when certified by that officer according to law, shall be received by the courts of this state as presumptive evidence of the existence and contents of the origin…

The certificate of a public officer, that the public officer has made diligent and ineffectual search for a paper in the officer’s office, is of the same efficacy in all cases as if such officer had personally appeared and sworn to such facts. [C51, §2434; R60, §4053; C73, §3708;…

The usual duplicate receipt of the receiver of any land office, or the certificate of such receiver that the books of the receiver’s office show the sale of a tract of land to a certain individual, is proof of title, equivalent to a patent, against all but the holder of an actual…

The certificate of the register or receiver of any land office of the United States, as to the entry of land within the register’s or receiver’s district, shall be presumptive evidence of title, in the person entering, to the real estate therein named. [R60, §4055; C73, §3710; C9…

In the cases contemplated in sections 622.41 through 622.50 , the signature of the officer shall be presumed to be genuine until the contrary is shown. [C51, §2436; R60, §4056; C73, §3711; C97, §4643; C24, 27, 31, 35, 39, § 11304; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, …

For purposes of chapters 714 and 716 , computer printouts shall be admitted as evidence of any computer software, program, or data contained in or taken from a computer, notwithstanding an applicable rule of evidence to the contrary. 2000 Acts, ch 1201, §5

Sections 622.53 through 622.63 , are not a limitation of the Iowa rules of evidence. [C51, §2437; R60, §4057; C73, §3712; C97, §4644; C24, 27, 31, 35, 39, § 11305; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §622.52 ] 83 Acts, ch 37, §3

A judicial record of this state, including the filed certified shorthand notes of the official court reporter as transcribed or a court of the United States may be proved by the production of the original, or a copy of it certified by the clerk or person having the legal custody …

The official certificate of a justice of the peace of any of the United States to any judgment and the preliminary proceedings before the justice of the peace, supported by the official certificate of the clerk of any court of record within the county in which such justice reside…

Copies of records and proceedings in the courts of a foreign country may be admitted in evidence upon being authenticated as follows: 1. By the official attestation of the clerk or officer in whose custody such records are legally kept. 2. By the certificate of one of the judges …

The proceedings of all officers and courts of limited and inferior jurisdiction within the state shall be presumed regular, except in regard to matters required to be entered of record, and except where otherwise expressly declared. [C51, §2512; R60, §4120; C73, §3669; C97, §4648…

Acts of the executive of the United States, or of this or any other state of the Union, or of a foreign government, are proved by the records of the state department of the respective governments, or by public documents purporting to have been printed by order of the legislatures…

The proceedings of the legislature of this or any other state of the Union, or of the United States, or of any foreign government, are proved by the journals of those bodies, respectively, or of either branch thereof, and either by copies officially certified by the clerk of the …

Printed copies of the statute laws of this or any other of the United States, or of Congress, or of any foreign government, purporting or proved to have been published under the authority thereof, or proved to be commonly admitted as evidence of the existing laws in the courts of…

The public seal of the state or county, affixed to a copy of the written law or other public writing, is admissible as evidence of such law or writing, respectively. [C51, §2444; R60, §4064; C73, §3719; C97, §4652; C24, 27, 31, 35, 39, § 11313; C46, 50, 54, 58, 62, 66, 71, 73, 75…

The unwritten laws of any other state or government may be proved as facts by parol evidence, or by the books of reports of cases adjudged in their courts. [C51, §2444; R60, §4064; C73, §3719; C97, §4652; C24, 27, 31, 35, 39, § 11314; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, …

1. The printed copies of a city code and of supplements to it which are purported or proved to have been compiled pursuant to section 380.8 shall be admitted in the courts of this state as presumptive evidence of the ordinances contained therein. When properly pleaded, the courts…

The clerks of the several courts shall, on application of any person having a cause or matter pending in court, issue a subpoena for witnesses under the seal of the court, inserting all the names required by the applicant in one subpoena, if practicable, which may be served by th…

When a subpoena is served by any person other than the sheriff or constable, proof thereof shall be shown by affidavit; but no costs for serving the same shall be allowed. [R60, §4012; C73, §3671; C97, §4658; C24, 27, 31, 35, 39, § 11321; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, …

The subpoena shall be directed to the person therein named, requiring the person to attend at a particular time or place to testify as a witness, and it may contain a clause directing the witness to bring with the witness any book, writing, or other thing under the witness’ contr…

Witnesses in civil cases cannot be compelled to attend the district or appellate court out of the state where they are served. [C51, §2416; R60, §4014; C73, §3673; C97, §4660; C24, 27, 31, 35, 39, § 11323; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §622.66 ] 87 Acts, ch 137…