Rule 1.244 – Counterclaim not limited

by | May 13, 2021 | Civil Procedure, Iowa

A counterclaim may, but need not, diminish or defeat recovery sought by the opposing party. It may claim relief in excess of, or different from, that sought in the opponent’s pleadings.Iowa. R. Civ. P. 1.244Report 1943; November 9, 2001, effective February 15,...

Rule 1.243 – Joinder of counterclaims

by | May 13, 2021 | Civil Procedure, Iowa

A party pleading a counterclaim shall have the same right to join more than one claim as a plaintiff is granted under rules 1.231 and 1.232.Iowa. R. Civ. P. 1.243Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15,...

Rule 1.242 – Permissive counterclaims

by | May 13, 2021 | Civil Procedure, Iowa

Unless prohibited by rule or statute, a party may counterclaim against an opposing party on any claim held by the party when the action was originally commenced and matured when pleaded.Iowa. R. Civ. P. 1.242Report 1943; October 31,1997, effective January 24, 1998;...

Rule 1.241 – Compulsory counterclaims

by | May 13, 2021 | Civil Procedure, Iowa

A pleading must contain a counterclaim for every claim then matured, and not the subject of a pending action, held by the pleader against any opposing party and arising out of the transaction or occurrence that is the basis of such opposing party’s claim, unless...

Rule 1.237 – Dependent remedies joined

by | May 13, 2021 | Civil Procedure, Iowa

An action heretofore cognizable only after another has been prosecuted to conclusion may be joined with the latter; and the court shall grant relief according to the substantive rights of the parties. But there shall be no joinder of an action against an indemnitor or...