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Terms Used In Iowa Code 611.10

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
611.10 Equitable issues.
Where the action has been properly commenced by ordinary proceedings, either party shall
have the right, by motion, to have any issue heretofore exclusively cognizable in equity tried in the manner hereinafter prescribed in cases of equitable proceedings; and if all the issues were such, though none were exclusively so, the defendant shall be entitled to have them all tried as in cases of equitable proceedings.
[R60, §2617; C73, §2517; C97, §3435; C24, 27, 31, 35, 39, §10947; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, §611.10]