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December 2010 CIVIL PROCEDURE Ch 1, p.19
of information. It must state any additional facts deemed to show a defense. It may raise points of
law appearing on the face of the pleading to which it responds. It may contain a counterclaim which
must be in a separate division.
1.405(2) Answers for ward. All answers by conservators, guardians or guardians ad litem, or filed
under rule 1.212, shall state whether proper service has been had on the ward; and they shall deny all
material allegations prejudicial to the ward.
1.405(3) What admitted. Every fact pleaded and not denied in a subsequent pleading as permitted
by these rules shall be deemed admitted except for any of the following:
a. Allegations of value or amount of damage.
b. Averments in a pleading to which no responsive pleading is required or permitted.
c. Facts not previously pleaded that are set forth in pleadings filed subsequent to the seventh day
preceding the trial, all of which shall be deemed denied by operation of law.
1.405(4) Denying signature.
a. By party. If a pleading copies a writing purporting to be signed by an adverse party, such
signature shall be deemed genuine for all purposes in the case, unless such party denies it and supports
the denial by the party’s affidavit that it is not a genuine or authorized signature. The party may, on
application made during the time to plead, procure an inspection of the original writing.
b. By nonparty. If a pleading copies a nonnegotiable writing purporting to be signed by a nonparty
to the action, such signature shall be deemed genuine, unless a party denies it, and supports the denial
by affidavit, which denial may be for lack of information.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.406 Reply. The court may order a reply to an answer or to an answer to a cross-petition.
[Report 1943; amendment 1974; Report 1978, effective July 1, 1979; November 9, 2001, effective February
15, 2002]
Rule 1.407 Interventions.
1.407(1) Intervention of right. Upon timely application, anyone shall be permitted to intervene in
an action under any of the following circumstances:
a. When a statute confers an unconditional right to intervene.
b. When the applicant claims an interest relating to the property or transaction which is the subject
of the action and the applicant is so situated that the disposition of the action may as a practical
matter impair or impede the applicant’s ability to protect that interest, unless the applicant’s interest
is adequately represented by existing parties.
1.407(2) Permissive intervention. Upon timely application, anyone may be permitted to intervene
in an action under any of the following circumstances:
a. When a statute confers a conditional right to intervene.
b. When an applicant’s claim or defense and the main action have a question of law or fact in
common.
c. When a party to an action relies for ground of claim or defense upon any statute or executive
order administered by a federal or state governmental officer or agency or upon any regulation, order,
requirement, or agreement issued or made pursuant to the statute or executive order, the officer or
agency upon timely application may be permitted to intervene in the action.
In exercising its discretion, the court shall consider whether the intervention will unduly delay or
prejudice the adjudication of the rights of the original parties.
1.407(3) Procedure. A person desiring to intervene shall serve a motion to intervene upon the
parties. The motion shall state the grounds therefor and shall be accompanied by a pleading setting
forth the claim or defense for which intervention is sought.
1.407(4) Disposition. The court shall grant interventions of right unless the applicant’s interest
is adequately represented by existing parties. The court shall consider applications for permissive
intervention and grant or deny the application as the circumstances require. The intervenor shall have
no right to delay, and shall pay the costs of the intervention unless the intervenor prevails.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
COMMENT: The amendments to former Iowa R. Civ. P. 75, now rule 1.407, adopted provisions substantially similar to Fed. R.
Civ. P. 24 and allow the trial court more discretion in determining whether to allow intervention.
Rules 1.408 to 1.410 Reserved.