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Ch 1, p.12 CIVIL PROCEDURE December 2010
Rule 1.276 Arrangements for attorney’s fees and expenses.
1.276(1) Before a hearing under rule 1.262(1) or at any other time the court directs, the
representative parties and the attorney for the representative parties shall file with the court, jointly
or separately, all of the following:
a. A statement showing any amount paid or promised them by any person for the services rendered
or to be rendered in connection with the action or for the costs and expenses of the litigation and the
source of all of the amounts.
b. A copy of any written agreement, or a summary of any oral agreement, between the
representative parties and their attorney concerning financial arrangements or fees.
c. A copy of any written agreement, or a summary of any oral agreement, by the representative
parties or the attorney to share these amounts with any person other than a member, regular associate,
or an attorney regularly of counsel with that law firm.
This statement shall be supplemented promptly if additional arrangements are made.
1.276(2) Upon a determination that the costs and litigation expenses of the action cannot
reasonably and fairly be defrayed by the representative parties or by other available sources, the
court by order may authorize and control the solicitation and expenditure of voluntary contributions
for this purpose from members of the class, advances by the attorneys or others, or both, subject to
reimbursement from any recovery obtained for the class. The court may order any available funds so
contributed or advanced to be applied to the payment of any costs taxed in favor of a party opposing
the class.
[Report 1980; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.277 Statute of limitations. The statute of limitations is tolled for all class members upon
the commencement of an action asserting a class action. The statute of limitations resumes running
against a member of a class:
1.277(1) Upon filing an election of exclusion by that member.
1.277(2) Upon entry of an order of certification, or of an amendment thereof, eliminating that
member from the class.
1.277(3) Except as to representative parties, upon entry of an order under rule 1.262 refusing to
certify an action as a class action.
1.277(4) Upon dismissal of the action without an adjudication on the merits.
[Report 1980; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
COMMENT: Former Iowa R. Civ. P. 42.6 was stricken in order to eliminate its restriction on personal jurisdiction over nonresident
class members, and to permit exercise of jurisdiction over nonresident class members to the extent permitted by the U.S. and state
constitutions as interpreted by the courts. Former Iowa Rs. Civ. P. 42.19 and 42.20 were stricken because the Model Act has been
adopted in only two states.
Rule 1.278 Virtual representation. Where persons composing a class which may be increased by
others later born, do or may make a claim affecting specific property involved in an action to which
all living members of the class are parties, any others later born shall also be deemed to have been
parties to the action and bound by any decree rendered therein.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.279 Shareholder’s actions. Shareholders in an incorporated or unincorporated association,
who sue to enforce its rights because of its failure to do so, shall support their petition by affidavit,
and allege their efforts to have the directors, trustees or other shareholders bring the action or enforce
the right, or a sufficient reason for not making such effort.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rules 1.280 to 1.300 Reserved.
DIVISION III
COMMENCEMENT OF ACTIONS
Rule 1.301 Commencement of actions; tolling; cover sheet.
1.301(1) For all purposes, a civil action is commenced by filing a petition with the court. The date
of filing shall determine whether an action has been commenced within the time allowed by statutes
for limitation of actions, even though the limitation may inhere in the statute creating the remedy.