by admin | May 13, 2021 | Civil Procedure, Iowa
Any defense that a contract or writing sued on is void or voidable, or was delivered in escrow, or which alleges any matter in justification, excuse, release or discharge, or which admits the facts of the adverse pleading but seeks to avoid their legal effect, must be...
by admin | May 13, 2021 | Civil Procedure, Iowa
Every pleading referring to a contract must state whether it is written or oral.Iowa. R. Civ. P. 1.418Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002.
by admin | May 13, 2021 | Civil Procedure, Iowa
The following may be pleaded as legal conclusions without averring the facts comprising them: partnership, corporate or representative capacity; corporate authority to sue or do business in Iowa; performance of conditions precedent; or judgments of a court, board or...
by admin | May 13, 2021 | Civil Procedure, Iowa
In an action by an employee against an employer, or by a passenger against a common carrier to recover for negligence, plaintiff need not plead or prove freedom from contributory negligence, but defendant may plead and prove contributory negligence in mitigation of...
by admin | May 13, 2021 | Civil Procedure, Iowa
Matters of which judicial notice is taken, including statutes of Iowa, need not be stated in any pleading. A pleading asserting any statute of another state, territory or jurisdiction of the United States, or a right derived therefrom, shall refer to such statute by...
by admin | May 13, 2021 | Civil Procedure, Iowa
By leave of court, upon reasonable notice and upon such terms as are just, or by written consent of the adverse party, a party may serve and file a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the...
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