Iowa Code 631.7 – Parties, pleadings, and motions
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 631.7
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Rule: includes "regulation". See Iowa Code 4.1
631.7 Parties, pleadings, and motions.
1. Except as specifically provided in this chapter, there shall be no written pleadings or
motions unless the court in the interests of justice permits them, in which event they shall be similar in form to the original notice.
2. Motions, except a motion under rule of civil procedure 1.246, shall be heard only at
the time set for a hearing on the merits.
3. Except as provided in § 631.8, subsection 4, a counterclaim, cross-petition or intervention shall be in writing and in the form promulgated under § 631.15. Copies shall be submitted for each party appearing, and shall be mailed by ordinary mail to those parties by the clerk. A cross-petition against persons not a party to the action shall be made pursuant to rule of civil procedure 1.246 and the new party shall be served with notice as provided in this chapter.
4. The rules of civil procedure pertaining to actions, joinder of actions, parties and intervention shall apply to small claims actions, except that rule of civil procedure 1.241 shall not apply. No counterclaim is necessary to assert an offset arising out of the subject matter of the plaintiff‘s claim. A counterclaim, cross-petition, or intervention against an existing party is deemed denied and no responsive pleading by such party is required.
[C73, §631.7, 631.8; C75, 77, 79, 81, §631.7]
1. Except as specifically provided in this chapter, there shall be no written pleadings or
motions unless the court in the interests of justice permits them, in which event they shall be similar in form to the original notice.
2. Motions, except a motion under rule of civil procedure 1.246, shall be heard only at
the time set for a hearing on the merits.
3. Except as provided in § 631.8, subsection 4, a counterclaim, cross-petition or intervention shall be in writing and in the form promulgated under § 631.15. Copies shall be submitted for each party appearing, and shall be mailed by ordinary mail to those parties by the clerk. A cross-petition against persons not a party to the action shall be made pursuant to rule of civil procedure 1.246 and the new party shall be served with notice as provided in this chapter.
4. The rules of civil procedure pertaining to actions, joinder of actions, parties and intervention shall apply to small claims actions, except that rule of civil procedure 1.241 shall not apply. No counterclaim is necessary to assert an offset arising out of the subject matter of the plaintiff‘s claim. A counterclaim, cross-petition, or intervention against an existing party is deemed denied and no responsive pleading by such party is required.
[C73, §631.7, 631.8; C75, 77, 79, 81, §631.7]