Rule 1.905 – Exceptions unnecessary

by | May 13, 2021 | Civil Procedure, Iowa

Exceptions to rulings or orders of court are unnecessary whenever a matter has been called to the attention of the court, by objection, motion or otherwise and the court has ruled thereon.Iowa. R. Civ. P. 1.905Report 1943; November 9, 2001, effective February 15,...

Rule 1.904 – Findings by court

by | May 13, 2021 | Civil Procedure, Iowa

1. 904(1)Findings; conclusions; judgment. The court trying an issue of fact without a jury, whether by equitable or ordinary proceedings, shall find the facts in writing, separately stating its conclusions of law, and direct an appropriate judgment. A party, on...

Rule 1.903 – Trial of issues; reporting

by | May 13, 2021 | Civil Procedure, Iowa

1. 903(1)Trial of issues. All issues shall be tried to the court except those for which a jury is demanded. Issues for which a jury is demanded shall be tried to a jury unless the court finds that there is no right thereto or all parties appearing at the trial waive a...

Rule 1.902 – Demand for jury trial

by | May 13, 2021 | Civil Procedure, Iowa

1. 902(1) Jury trial is waived if not demanded according to this rule; but a demand once filed may not be withdrawn without consent of all parties not in default.1. 902(2) A party desiring a jury trial of an issue must make written demand therefor not later than ten...

Rule 1.901 – Trials and issues

by | May 13, 2021 | Civil Procedure, Iowa

A trial is a judicial examination of issues in an action, whether of law or fact. Issues arise where a pleading of one party maintains a claim controverted by an adverse party. Issues are either of law or fact. An issue of fact arises on a material allegation of fact...