Rule 1.1501 – Independent or auxiliary remedy

by | May 13, 2021 | Civil Procedure, Iowa

An injunction may be obtained as an independent remedy by an action in equity, or as an auxiliary remedy in any action. In either case, the party applying therefor may claim damages or other relief in the same action. An injunction may be granted as part of the...

Rule 1.1412 – Appeal

by | May 13, 2021 | Civil Procedure, Iowa

An appeal from an order or judgment of the district court in a certiorari proceeding is governed by the rules of appellate procedure applicable to appeals in ordinary civil actions. An appeal is discretionary when the order or judgment sought to be reviewed is itself...

Rule 1.1411 – Judgment

by | May 13, 2021 | Civil Procedure, Iowa

Unless otherwise provided by statute, the judgment on certiorari shall be limited to annulling the writ or to sustaining it, in whole or in part, to the extent the proceedings below were illegal or in excess of jurisdiction. The judgment shall prescribe the manner in...

Rule 1.1410 – Hearing

by | May 13, 2021 | Civil Procedure, Iowa

When full return has been made, the court shall fix a time and place for hearing. In addition to the record made by the return, the court may receive any transcript or recording of the original proceeding and such other oral or written evidence explaining the matters...

Rule 1.1409 – Defective return

by | May 13, 2021 | Civil Procedure, Iowa

If the return is defective, the court issuing the writ, on the court’s own motion or that of any party, may order a further return. The court may compel obedience to the writ or to such order by attachment or citation for contempt.Iowa. R. Civ. P. 1.1409Report...