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

When selecting a jury in a trial in which a municipality is a defendant, a juror challenge based on the potential juror’s status as a taxpayer of that municipality shall not be allowed unless a real, substantial, and immediate interest is shown which would unfairly prejudice the …

If for any reason the regular panel is exhausted without a jury being selected, it shall be completed in the manner provided in the chapters upon selecting, drawing, and summoning juries. [C97, §3698; C24, 27, 31, 35, 39, § 11482; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, …

Upon interlocutory questions, the party moving the court or objecting to testimony shall be heard first; the respondent may then reply by one counsel, and the mover rejoining, confining remarks to the points first stated and a pertinent answer to respondent’s argument. Argument o…

If a juror has personal knowledge respecting a fact in controversy in a cause, the juror must declare the fact of the knowledge in accordance with rule of evidence 5.606(a) , and the juror may not testify in the trial of the case in which the juror is sitting. Proof of such a dec…

No exception shall be regarded in an appellate court unless the ruling has been on a material point, and the effect thereof prejudicial to the rights of the party excepting. [R60, §3111; C73, §2836; C97, §3754; C24, 27, 31, 35, 39, § 11548; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77…

The cost of all new trials shall either abide the event of the action or be paid by the party to whom such new trial is granted, according to the order of the court, to be made at the time of granting such new trial. [R60, §3117; C73, §2840; C97, §3762; C24, 27, 31, 35, 39, § 115…

Where any other than a general execution of the common form is required, the party must state in the pleading the facts entitling the party thereto, and the judgment may be entered in accordance with the finding of the court or jury thereon. [R60, §3125; C73, §2852; C97, §3772; C…

1. In all actions where the plaintiff recovers a sum of money, the amount to which the plaintiff is entitled may be awarded the plaintiff by the judgment generally, without any distinction being therein made as to whether such sum is recovered by way of debt or damages. 2. In all…

The provisions of this chapter relative to juries are intended to be applied to the court when acting as a jury on the trial of a cause, so far as they are applicable and not incompatible with other provisions herein contained. [C51, §1823; R60, §3145; C73, §2863; C97, §3783; C24…

Upon appeal, in ordinary actions no evidence shall go to the appellate court except such as may be necessary to explain any exception taken in the cause, and such court shall hear and try the case only on the legal errors so presented. [R60, §2999; C73, §2741; C97, §3651; C24, 27…

Where a judgment is set aside or satisfied by execution or otherwise, the clerk shall at once enter a memorandum thereof on the column left for that purpose in the judgment docket. However, the clerk may enter satisfaction of judgment if the amount of the judgment that is unsatis…

A personal judgment may be rendered against a defendant, whether the defendant appears or not, who has been served in any mode provided in this Code other than by publication, whether served within or without this state, if such defendant is a resident of the state. [R60, §3164; …

1. Judgments in the appellate or district courts of this state, or in the circuit or district court of the United States within the state, are liens upon the real estate owned by the defendant at the time of such rendition, and also upon all the defendant may subsequently acquire…

When the real estate lies in the county wherein the judgment of the district court of this state or of the circuit or district courts of the United States was entered in the judgment docket and lien index kept by the clerk of the court having jurisdiction, the lien shall attach f…

1. In addition to other provisions relating to the attachment of liens, support judgments in the appellate or district courts of this state are liens upon the personal property titled in this state and owned by the obligor at the time of such rendition or subsequently acquired by…

The lien of judgments of the appellate courts of Iowa shall not attach to any real estate until an attested copy of the judgment is filed in the office of the clerk of the district court of the county in which the real estate lies. [S13, §3802; C24, 27, 31, 35, 39, § 11604; C46, …

Such clerk shall, on the filing of such transcript of the judgment of the appellate or district court of this state or of the circuit or district court of the United States in the clerk’s office, immediately proceed to docket and index the same, in the same manner as though rende…

A judgment against any railway, interurban railway, or street railway corporation or partnership, for an injury to any person or property, and any claim for compensation under the workers’ compensation Act for personal injuries sustained by their employees arising out of and in t…

The lien under section 624.27 shall be prior and superior to the lien of any mortgage or trust deed executed since July 4, 1862, by any railway corporation or partnership, and prior and superior to the lien of any mortgage or trust deed executed after August 9, 1897, by any inter…

Real property may be conveyed by a commissioner appointed by the court: 1. Where, by judgment in an action, a party is ordered to convey such property to another. 2. Where such property has been sold under a judgment or order of the court, and the purchase price has been paid. [R…

In actions cognizable in equity, wherein issues of fact are joined, the court may order the evidence or any part thereof to be taken in the form of depositions, or either party may take depositions as authorized by law, and may in the discretion of the court be granted a continua…

The deed of the commissioner shall refer to the judgment, orders, and proceedings authorizing the conveyance. [R60, §3166; C73, §2887; C97, §3806; C24, 27, 31, 35, 39, § 11614; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §624.30 ]

A conveyance made in pursuance of a judgment shall pass to the grantee the title of the parties ordered to convey the land. [R60, §3167; C73, §2888; C97, §3807; C24, 27, 31, 35, 39, § 11615; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §624.31 ]

A conveyance made in pursuance of a sale ordered by the court shall pass to the grantee the title of all the parties to the action or proceeding. [R60, §3168; C73, §2889; C97, §3808; C24, 27, 31, 35, 39, § 11616; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §624.32 ]

A conveyance by a commissioner shall not pass any right until it has been approved by the court, which approval shall be endorsed on the conveyance and recorded with it. [R60, §3169; C73, §2890; C97, §3809; C24, 27, 31, 35, 39, § 11617; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79…

The conveyance shall be signed by the commissioner only, without affixing the names of the parties whose title is conveyed, but the names of such parties shall be recited in the body of the conveyance. [R60, §3170; C73, §2891; C97, §3810; C24, 27, 31, 35, 39, § 11618; C46, 50, 54…

The conveyance shall be recorded in the office in which, by law, it should have been recorded had it been made by the parties whose title is conveyed by it. [R60, §3171; C73, §2892; C97, §3811; C24, 27, 31, 35, 39, § 11619; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §624.35…

1. When the amount due upon judgment is paid off, or satisfied in full, the party entitled to the proceeds thereof, or those acting for that party, must acknowledge satisfaction of the judgment by the execution of an instrument referring to it, duly acknowledged or notarized in t…

The provisions of section 613.16 shall not limit any liability of any minor for the minor’s own acts and shall not limit any liability imposed by the common law or by any other provision of the Code. [C71, 73, 75, 77, 79, 81, §624.38 ]

The evidence in actions cognizable in equity shall be presented on appeal to the appellate court, which shall try such causes anew. However, upon further review by the supreme court of equity actions heard by the court of appeals the review may be limited in scope as provided in …

In equitable causes, where the evidence is taken in the form of depositions, the district court may require to be submitted with the arguments an abstract of the pleadings and evidence, substantially as required by the rules of appellate procedure for abstracts in appeals in equi…

Causes shall be triable at any time after the expiration of twenty days after legal and timely service has been made. [C51, §1763; R60, §3007; C73, §2744; C97, §3655; C24, 27, 31, 35, 39, § 11436; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §624.6 ]

If the action challenges the legality, validity, or constitutionality of a proposed constitutional amendment, the cause shall be tried within three days after the issues are made up. [C31, 35, §11436-d1; C39, § 11436.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §624.7 ]

The clerk shall keep a calendar of criminal causes, arranging them in the order of their commencement and, if the court so order, shall, under the direction of the court, apportion the same to as many days as is believed necessary, and, at the request of any party to a cause or t…

In all appealable actions triable by ordinary or equitable proceedings, any party thereto shall be entitled to have reported the whole proceedings upon the trial or hearing, and the court shall direct the reporter to make such report in writing or shorthand, which shall contain t…

Such proceedings must be commenced within one year after the judgment or order was made, unless the party entitled thereto is a minor or person of unsound mind, and then within one year after the removal of such disability. [R60, §3501; C73, §3157; C97, §4094; C24, 27, 31, 35, 39…

The judgment shall not be vacated on motion or petition until it is adjudged there is a cause of action or defense to the action in which the judgment is rendered. [R60, §3503; C73, §3159; C97, §4096; C24, 27, 31, 35, 39, § 12796; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, …

The party seeking to vacate or modify a judgment or order may have an injunction suspending proceedings on the whole or part thereof, which shall be granted by the court upon its being rendered probable, by affidavit or verified petition, or by exhibition of the record, that the …

Costs shall be recovered by the successful against the losing party. [C51, §1811; R60, §3449; C73, §2933; C97, §3853; S13, §3853; C24, 27, 31, 35, 39, § 11622; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §625.1 ]

When a pleading contains as a defense matter which arose after the commencement of the action, whether such matter of defense is pleaded alone or with other matter of defense which arose before the action, the party affected by such matter may confess the same, and shall be entit…

When a plaintiff dismisses the action or any part thereof, or suffers it to abate by the death of the defendant or other cause, or where the action abates by the death of the plaintiff, and the plaintiff’s representatives fail to revive the same, judgment for costs may be rendere…

Coparties against whom judgment has been recovered are entitled, as between themselves, to a taxation of the costs of witnesses whose testimony was obtained at the instance of one of the coparties and inured exclusively to a coparty’s benefits. [R60, §3457; C73, §2940; C97, §3860…

Where an action is dismissed from any court for want of jurisdiction the costs shall be adjudged against the party attempting to institute or bring up the same. [R60, §3458; C73, §2941; C97, §3861; C24, 27, 31, 35, 39, § 11635; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §62…

The clerk shall tax in favor of the party recovering costs the allowance of the party’s witnesses, the fees of officers, the compensation of referees, the necessary expenses of taking depositions by commission or otherwise, and any further sum for any other matter which the court…

In actions in which the cause of action shall, by assignment after the commencement thereof, or in any other manner, become the property of a person not a party to the action, such party shall be liable for the costs in the same manner as if the person were a party. [R60, §3460; …

Any person aggrieved by the taxation of a bill of costs may, upon application, have the same retaxed by the court, or by a referee appointed by the court in which the application or proceeding was had, and in such retaxation all errors shall be corrected. [C51, §1813; R60, §3461;…