by admin | May 13, 2021 | Civil Procedure, Iowa
In any case of mandamus, certiorari, appeal to the district court, or for specific equitable relief, where the facts pleaded and proved do not entitle the petitioner to the specific remedy asked, but do show the petitioner entitled to another remedy, the court shall...
by admin | May 13, 2021 | Civil Procedure, Iowa
When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the...
by admin | May 13, 2021 | Civil Procedure, Iowa
Where judgment in the original case can be entered without prejudice to the rights in issue under a cross-petition, cross-claim or counterclaim, it shall not be delayed thereby.Iowa. R. Civ. P. 1.456Report October 31, 1997, effective January 24, 1998; November 9,...
by admin | May 13, 2021 | Civil Procedure, Iowa
On application of any party, the motion for judgment on the pleadings under rule 1.954, and the defenses of (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency...
by admin | May 13, 2021 | Civil Procedure, Iowa
Iowa. R. Civ. P. 1.454
by admin | May 13, 2021 | Civil Procedure, Iowa
A judge may enter judgments, orders or decrees at any time after the matter has been submitted, effective when filed with the clerk, or as provided by rule 1.442(5). The clerk shall promptly mail or deliver notice of such entry, or copy thereof, to each party...
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