View - State of Iowa

December 2010 CIVIL PROCEDURE Ch 1, p.21
“I certify under penalty of perjury and pursuant to the laws of the state of Iowa that the preceding
is true and correct.
____________________ ____________________
Date Signature”
[Report 1943; amendment 1945; Report January 21, 1986, effective April 1, 1986; October 31, 1997, effective
January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.414 Supplemental pleadings. By leave of court, upon reasonable notice and upon such
terms as are just, or by written consent of the adverse party, a party may serve and file a supplemental
pleading setting forth transactions or occurrences or events which have happened since the date of
the pleading sought to be supplemented. Leave may be granted even though the original pleading is
defective in its statement of a claim for relief or defense. No responsive pleading to the supplemental
pleading is required unless the court, upon its own motion or the motion of a party, so orders,
specifying the time therefor.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.415 Judicial notice; statutes. Matters of which judicial notice is taken, including statutes of
Iowa, need not be stated in any pleading. A pleading asserting any statute of another state, territory
or jurisdiction of the United States, or a right derived therefrom, shall refer to such statute by plain
designation and if such reference is made the court shall judicially notice such statute.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.416 Negligence; mitigation. In an action by an employee against an employer, or by a
passenger against a common carrier to recover for negligence, plaintiff need not plead or prove
freedom from contributory negligence, but defendant may plead and prove contributory negligence
in mitigation of damages.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.417 Permissible conclusions; denials. The following may be pleaded as legal conclusions
without averring the facts comprising them: partnership, corporate or representative capacity;
corporate authority to sue or do business in Iowa; performance of conditions precedent; or judgments
of a court, board or officer of special jurisdiction. It shall not be sufficient to deny such averment in
terms contradicting it, but the facts relied on must be stated.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.418 Contract. Every pleading referring to a contract must state whether it is written or oral.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.419 Defenses to be specially pleaded. Any defense that a contract or writing sued on is void
or voidable, or was delivered in escrow, or which alleges any matter in justification, excuse, release
or discharge, or which admits the facts of the adverse pleading but seeks to avoid their legal effect,
must be specially pleaded.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.420 Account; bill of particulars; denial. A pleading founded on an account shall contain a
bill of particulars thereof, by consecutively numbered items, which shall define and limit the proof,
and may be amended as other pleadings. A pleading controverting such account must specify the
items denied, and any items not thus specified shall be deemed admitted.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.421 Defenses; how raised; consolidation; waiver.
1.421(1) Every defense to a claim for relief in any pleading must be asserted in the pleading
responsive thereto, or in an amendment to the answer made within 20 days after service of the answer,
or if no responsive pleading is required, then at trial. The following defenses or matters may be raised
by pre-answer motion:
a. Lack of jurisdiction of the subject matter.