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

Except for an action brought pursuant to chapter 668 , when the judgment is for the recovery of money, interest from the time of the verdict or report until judgment is finally entered shall be added to the costs of the party entitled to the costs. [R60, §3466; C73, §2948; C97, §…

1. When judgment is recovered upon a written contract containing an agreement to pay an attorney fee, the court shall allow and tax as a part of the costs a reasonable attorney fee to be determined by the court. 2. In an action against the maker to recover payment on a dishonored…

If action is commenced and the claim paid off before return day, the amount shall be one-half of the sum above provided, and if it is paid after the return day but before judgment, three-fourths of said sum; but no fee shall be allowed in any case if an action has not been commen…

The attorney fee allowed in sections 625.22 and 625.23 shall not be taxed in any case unless it appears by affidavit of the attorney that there is not and has not been an agreement between the attorney and the attorney’s client or any other person, express or implied, for any div…

No such attorney fee shall be taxed if the defendant is a resident of the county and the action is not aided by an attachment, unless it shall be made to appear that such defendant had information of and a reasonable opportunity to pay the debt before action was brought. This pro…

As used in section 625.29 , unless the context otherwise requires: 1. “Fees and other expenses” include the reasonable attorney fees and reasonable expenses of expert witnesses plus court costs, but they do not include any portion of an attorney’s fees or salary paid by a unit of…

1. Unless otherwise provided by law, and if the prevailing party meets the eligibility requirements of subsection 2 , the court in a civil action brought by the state or an action for judicial review brought against the state pursuant to chapter 17A other than for a rulemaking de…

Where the party is successful as to a part of the party’s demand, and fails as to part, unless the case is otherwise provided for, the court on rendering judgment may make an equitable apportionment of costs. [C51, §1811; R60, §3449; C73, §2933; C97, §3853; S13, §3853; C24, 27, 3…

In actions where there are several plaintiffs or several defendants, the costs shall be apportioned according to the several judgments rendered; and where there are several causes of action embraced in the same petition, or several issues, the plaintiff shall recover costs upon t…

All costs accrued at the instance of the successful party, which cannot be collected of the other party, may be recovered on motion by the person entitled to them against the successful party. [R60, §3452; C73, §2935; C97, §3855; C24, 27, 31, 35, 39, § 11626; C46, 50, 54, 58, 62,…

The necessary fees paid by the successful party in procuring copies of deeds, bonds, wills, or other records filed as a part of the testimony shall be taxed in the bill of costs. [R60, §3453; C73, §2936; C97, §3856; C24, 27, 31, 35, 39, § 11627; C46, 50, 54, 58, 62, 66, 71, 73, 7…

Postage paid by the officers of the court, or by the parties, in sending process, depositions, and other papers being part of the record, by mail, shall be taxed in the bill of costs. [R60, §3454; C73, §2937; C97, §3857; C24, 27, 31, 35, 39, § 11628; C46, 50, 54, 58, 62, 66, 71, …

1. The clerk of the district court shall tax as a court cost a jury fee of one hundred dollars in every action tried to a jury. 2. The clerk of the district court shall tax as a court cost a fee of forty dollars per day for the services of a court reporter. 3. Revenue from the fe…

The fees of shorthand reporters for making transcripts of the notes in any case or any portion thereof, as directed by any party thereto, shall be taxed as costs, as shall also the fees of the clerk for making any transcripts of the record required on appeal, but such taxation ma…

A mistake of the clerk shall not be ground for an appeal until the same has been presented to and acted upon by the court below. [R60, §3498; C73, §3167; C97, §4104; C24, 27, 31, 35, 39, § 12826; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §686.1 ] C93, §625A.1

If execution has issued prior to the filing of the bond, the clerk shall countermand the same. [C51, §1987; R60, §3533; C73, §3192; C97, §4130; C24, 27, 31, 35, 39, § 12863; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §686.10 ] C93, §625A.10

Property levied upon and not sold at the time such countermand is received by the sheriff shall be at once delivered to the judgment debtor. [C51, §1988; R60, §3534; C73, §3193; C97, §4131; C24, 27, 31, 35, 39, § 12864; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §686.11 ] C…

The appellant may be required to give security for costs under the same circumstances and upon the same showing as plaintiffs in civil actions in the inferior court may be. [R60, §3526; C73, §3210; C97, §4135; C24, 27, 31, 35, 39, § 12868; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77,…

If the action challenges the legality, validity or constitutionality of a proposed constitutional amendment, the appellant shall file a written argument with the supreme court within ten days after the filing of the abstract and appellee shall file an argument within ten days the…

If an appellate court affirms the judgment or order of an inferior court, it may send the cause to the appropriate court below to have the same carried into effect, or may issue the necessary process for this purpose, directed to the sheriff of the proper county, as the party may…

If, by the decision of an appellate court, the appellant becomes entitled to a restoration of any part of the money or property that was taken from the appellant by means of a judgment or order, either the appellate court or the court below may direct execution or writ of restitu…

Property acquired by a purchaser in good faith under a judgment subsequently reversed shall not be affected thereby. [C51, §1993; R60, §3541; C73, §3199; C97, §4146; C24, 27, 31, 35, 39, § 12878; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §686.16 ] C93, §625A.16

The death of one or all of the parties shall not cause the proceedings to abate, but the names of the proper persons shall be substituted, as is provided in such cases in the district court, and the case may proceed. The court may also, in such case, grant a continuance when such…

Executions issued from the appellate courts shall be like those from the district court, attended with the same consequences, and returnable in the same time. [R60, §3552; C73, §3215; C97, §4153; C24, 27, 31, 35, 39, § 12888; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §686.…

1. When the constitutionality of an Act of the Iowa legislature is drawn into question in any appellate proceeding or further review proceeding to which the general assembly or an officer, agency, or employee thereof is not a party, the majority leader of the senate, the minority…

An appellate court on appeal may review and reverse any judgment or order of the district court, although no motion for a new trial was made in such court. [C73, §3169; C97, §4106; C24, 27, 31, 35, 39, § 12828; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §686.2 ] C93, §625A.…

If the action challenges the legality, validity, or constitutionality of a proposed constitutional amendment, notice of appeal may be taken within three days from and after the entry of the decree in district court, and not afterwards. [C31, 35, §12832-d1; C39, § 12832.1; C46, 50…

Coparties, refusing to join in an appeal, cannot afterward appeal, or derive any benefit therefrom, unless from the necessity of the case, but they shall be held to have joined, and be liable for their proportion of the costs, unless they appear and object thereto. [C51, §1980, 1…

An appeal from part of an order, or from one of the judgments of a final adjudication, or from part of a judgment, shall not disturb, delay, or affect the rights of any party to any judgment or order, or part of a judgment or order, not appealed from. [R60, §3510; C73, §3177; C97…

If the action challenges the legality, validity, or constitutionality of a proposed constitutional amendment, an abstract of record shall be filed within five days after the service of notice of appeal, unless additional time, not to exceed three days, be granted by the chief jus…

1. In an action that challenges the constitutionality of a statute, the appellant shall do all of the following: a. File a notice of constitutional question stating the question and identifying the pleading, motion, or petition that raises the challenge to the constitutionality o…

If a new trial is granted by an appellate court, the clerk, as soon as the cause is at an end therein, shall transmit to the clerk of the court below all original papers or exhibits certified up from said court, and may at any time return any such papers when no new trial is awar…

1. The taking of the appeal from part of a judgment or order, and the filing of a bond, does not stay execution as to that part of the judgment or order not appealed from. 2. a. (1) Except as provided in paragraph “b” , if the judgment or order appealed from is for money, such bo…

Judgments or orders requiring the payment of money, or the delivery of the possession of property, are to be enforced by execution. Obedience to those requiring the performance of any other act is to be coerced by attachment as for a contempt. [C51, §1885; R60, §3247; C73, §3026;…

If real estate is sold under said execution the officer shall make return thereof in duplicate, one of which shall be appended to the execution and returned to the court from which it is issued, the other with a copy of the execution to the district court of the county in which t…

Deeds executed by a sheriff in pursuance of the sales contemplated in this chapter are presumptive evidence of the regularity of all previous proceedings in the case, and may be given in evidence without preliminary proof. [C51, §1948; R60, §3356; C73, §3126; C97, §4064; C24, 27,…

When real estate has been sold on execution, the purchaser thereof, or any person who has succeeded to the purchaser’s interest, may, after the estate becomes absolute, recover damages for any injury to the property committed after the sale and before possession is delivered unde…

The death of any or all of the joint owners of a judgment shall not prevent an execution being issued thereon, but on any such execution the clerk shall endorse the fact of the death of such of them as are dead, and if all are dead, the names of their personal representatives, if…

In acting upon an execution, so endorsed, the sheriff shall proceed as if the surviving owners, or the personal representatives or heirs as above provided, were the only owners of the judgment upon which it was issued, and take bonds accordingly. [R60, §3483; C73, §3131; C97, §40…

Before making the endorsements as above provided, an affidavit shall be filed with the clerk by one of the owners of such judgment, or one of such personal representatives or heirs, or their attorney, of the death of such owners as are dead, and that the persons named as such are…

Any debtor in such a judgment may move the court to quash an execution on the ground that the personal representatives or heirs of a deceased judgment creditor are not properly stated in the endorsement on the execution. [R60, §3486; C73, §3134; C97, §4070; C24, 27, 31, 35, 39, §…

The death of part of the joint debtors in a judgment shall not prevent execution being issued thereon, but, when issued, it shall operate alone on the survivors and their property. [R60, §3485; C73, §3133; C97, §4071; C24, 27, 31, 35, 39, § 11753; C46, 50, 54, 58, 62, 66, 71, 73,…

After the expiration of sixty days from the rendition of a final judgment not appealed, removed, or reversed, the clerk of the court may, and, upon demand of any party entitled to any part thereof, shall, issue a fee bill for all costs of such judgment, which shall have the same …

A judgment against a department, agency, division, or official of the state does not create or constitute a lien against public property held by the state. 93 Acts, ch 87, §13, 14 See also §627.18

When sent into any county other than that in which the judgment was rendered, return may be made by mail. Money cannot thus be sent, except by direction of the party entitled thereto, or the party’s attorney. [C51, §1889; R60, §3250; C73, §3032; C97, §3959; C24, 27, 31, 35, 39, §…

The execution must intelligibly refer to the judgment, stating the time when and place at which it was rendered, the names of the parties to the action as well as to the judgment, its amount, and the amount still to be collected thereon, if for money; if not, it must state what s…