Iowa Code 633.536 – Procedure to deny benefits to a person causing death or injury
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Terms Used In Iowa Code 633.536
- Decedent: A deceased person.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
633.536 Procedure to deny benefits to a person causing death or injury.
A determination under § 633.535 may be made by any court of competent jurisdiction by a preponderance of the evidence separate and apart from any criminal proceeding arising from the death. However, such a civil proceeding shall not proceed to trial, and the person causing death is not required to submit to discovery in such a civil proceeding until the criminal proceeding has been finally determined by the trial court, or in the event no criminal charge has been brought, until six months after the date of death. A person convicted of murder or voluntary manslaughter of the decedent is conclusively presumed to have intentionally and unjustifiably caused the death for purposes of this section and section
633.535.
[C97, §3386; S13, §3386; C24, 27, 31, 35, 39, §12033; C46, 50, 54, 58, 62, §636.48; C66, 71,
73, 75, 77, 79, 81, §633.536]
87 Acts, ch 9, §2
Referred to in §633.535
A determination under § 633.535 may be made by any court of competent jurisdiction by a preponderance of the evidence separate and apart from any criminal proceeding arising from the death. However, such a civil proceeding shall not proceed to trial, and the person causing death is not required to submit to discovery in such a civil proceeding until the criminal proceeding has been finally determined by the trial court, or in the event no criminal charge has been brought, until six months after the date of death. A person convicted of murder or voluntary manslaughter of the decedent is conclusively presumed to have intentionally and unjustifiably caused the death for purposes of this section and section
633.535.
[C97, §3386; S13, §3386; C24, 27, 31, 35, 39, §12033; C46, 50, 54, 58, 62, §636.48; C66, 71,
73, 75, 77, 79, 81, §633.536]
87 Acts, ch 9, §2
Referred to in §633.535