Rule 1.261 – Commencement of a class action

by | May 13, 2021 | Civil Procedure, Iowa

One or more members of a class may sue or be sued as representative parties on behalf of all in a class action if both of the following occur:1. 261(1) The class is so numerous or so constituted that joinder of all members, whether or not otherwise required or...

Rule 1.257 – Sheriff or officer; creditor

by | May 13, 2021 | Civil Procedure, Iowa

When a sheriff or other officer is sued for taking personal property under a writ, or for the property so taken, such writ may be filed with the court, with an attached affidavit from the sheriff or other officer that the property involved was taken under the writ....

Rule 1.256 – Costs

by | May 13, 2021 | Civil Procedure, Iowa

Costs may be taxed against the unsuccessful claimant in favor of the successful claimant and the party initiating the interpleader.Iowa. R. Civ. P. 1.256Report 1943; November 9, 2001, effective February 15, 2002.

Rule 1.255 – Injunction

by | May 13, 2021 | Civil Procedure, Iowa

After petition and returns of the original notices are filed in an interpleader, the court may enjoin all parties before it from beginning or prosecuting any other suit as to the subject of the interpleader until its further order.Iowa. R. Civ. P. 1.255Report 1943;...

Rule 1.254 – Substitution of claimant

by | May 13, 2021 | Civil Procedure, Iowa

If a defendant seeks an interpleader involving a third person, the latter may appear and be substituted for the original defendant, who may then be discharged upon complying with rule 1.253.Iowa. R. Civ. P. 1.254Report 1943; October 31,1997, effective January 24,...