Iowa Code 598.3 – Kind of action — joinder
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Terms Used In Iowa Code 598.3
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
598.3 Kind of action — joinder.
An action for dissolution of marriage shall be by equitable proceedings, and no cause of action, save for alimony, shall be joined therewith. Such actions shall not be subject to counterclaim or cross petition by the respondent. After the appearance of the respondent, no dismissal of the cause of action shall be allowed unless both the petitioner and the respondent sign the dismissal.
[R60, §4184; C73, §2511; C97, §3430; C24, 27, 31, 35, 39, §10469; C46, 50, 54, 58, 62, 66,
§598.2; C71, 73, 75, 77, 79, 81, §598.3]
An action for dissolution of marriage shall be by equitable proceedings, and no cause of action, save for alimony, shall be joined therewith. Such actions shall not be subject to counterclaim or cross petition by the respondent. After the appearance of the respondent, no dismissal of the cause of action shall be allowed unless both the petitioner and the respondent sign the dismissal.
[R60, §4184; C73, §2511; C97, §3430; C24, 27, 31, 35, 39, §10469; C46, 50, 54, 58, 62, 66,
§598.2; C71, 73, 75, 77, 79, 81, §598.3]