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Rule 1.1012 – Grounds for vacating or modifying judgment

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 obtaining it.
1. 1012(3) Erroneous proceedings against a minor or person of unsound mind, when such errors or condition of mind do not appear in the record.
1. 1012(4) Death of a party before entry of the judgment or order, and its entry without substitution of a proper representative.
1. 1012(5) Unavoidable casualty or misfortune preventing the party from prosecuting or defending.
1. 1012(6) Material evidence, newly discovered, which could not with reasonable diligence have been discovered and produced at the trial, and was not discovered within the time for moving for new trial under rule 1.1004.

Iowa. R. Civ. P. 1.1012

Report 1943; October 31,1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002