by admin | May 13, 2021 | Civil Procedure, Iowa
Where matter in discharge of a judgment has arisen since its entry, the defendant or any interested person may, on motion, have the same discharged in whole or in part, according to the circumstances.Iowa. R. Civ. P. 1.1016Report 1943; October 31, 1997, effective...
by admin | May 13, 2021 | Civil Procedure, Iowa
1. 1015(1) The title of a good faith purchaser to property sold under the original judgment shall not be affected or impaired by any judgment, order or proceeding under rules 1.1011 through 1.1013.1. 1015(2) If the original judgment is merely modified pursuant to any...
by admin | May 13, 2021 | Civil Procedure, Iowa
One year after the final determination of a case, the clerk may destroy all exhibits filed provided that counsel of record are notified in writing that the exhibits will be destroyed unless receipted for within 60 days thereafter. The clerk may destroy all trial...
by admin | May 13, 2021 | Civil Procedure, Iowa
1. 1013(1)Petition. A petition for relief under rule 1.1012 requires payment of the filing fee set forth in Iowa Code section 602.8105(1)(a), or if made in small claims, the filing fee set forth in section 631.6(1)(a), and must be filed and served in the original...
by admin | May 13, 2021 | Civil Procedure, Iowa
Upon timely petition and notice under rule 1.1013 the court may correct, vacate or modify a final judgment or order, or grant a new trial on any of the following grounds:1. 1012(1) Mistake, neglect or omission of the clerk.1. 1012(2) Irregularity or fraud practiced in...
by admin | May 13, 2021 | Civil Procedure, Iowa
1. 1011(1)Retrial. Except in actions for dissolution of marriage and annulment of marriage, if judgment is entered against a defendant who did not appear and was served only by publication or by publication and mailing, as provided in rule 1.311, the defendant may...
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