View - State of Iowa

December 2010 CIVIL PROCEDURE Ch 1, p.61
including specific reference to those parts of the pleadings, depositions, answers to interrogatories,
admissions on file and affidavits which support such contentions and a memorandum of authorities.
[Report 1943; amendment 1967; amendment 1975; amendment 1980; July 15, 1991, effective January 2,
1992; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.982 On motion in other cases.
1.982(1) Judgments may be obtained on motion by sureties against principals or cosureties for
money due because paid by them as such; by clients against attorneys, by plaintiffs in execution
against sheriffs or other officers for money or property collected by them; and in all other cases
specially authorized by statute.
1.982(2) A judgment for contribution based on comparative fault may be obtained on motion only
where the basis for such judgment has been established by findings of fact previously made by the
court or jury in the action in which the motion is filed, and only by or against the persons who were
parties to that action at the time said findings were made.
1.982(3) A motion for contribution permitted by this rule may be filed after final judgment has
been entered in the action and the pendency of an appeal shall not deprive the court of jurisdiction to
consider same.
1.982(4) A judgment for contribution on motion, where permitted under this rule, may be in the
form of a declaratory judgment conditioned upon the future satisfaction by a party of one or more of
the judgments entered in the action.
[Report 1943; amended February 21, 1985, effective July 1, 1985; October 31, 1997, effective January 24,
1998; November 9, 2001, effective February 15, 2002]
Rule 1.983 Procedure. If a motion under rule 1.982 is filed in an action already pending, the
procedure shall be as in rule 1.981. Otherwise, the motion shall be served on the party against whom
relief is sought, together with notice of the time and place of hearing. Service shall be made at least
ten days before the date set for hearing. The court shall hear the motion at the time fixed in the notice
without further pleadings and give judgment accordingly.
[Report 1943; amendment 1967; October 31, 1997, effective January 24, 1998; November 9, 2001, effective
February 15, 2002]
Rules 1.984 to 1.1000 Reserved.
DIVISION X
PROCEEDINGS AFTER JUDGMENT
Rule 1.1001 Bill of exceptions.
1.1001(1) When necessary. A bill of exceptions shall be necessary only to show material portions
of the record of the cause not shown by the court files, entries, or legally certified shorthand notes of
the trial, if any.
1.1001(2) Affidavits. Not more than five affidavits in support of any exception may be filed with
the bill. Controverting affidavits, not exceeding five, may be filed within seven days thereafter. The
court, for good cause shown, may extend the time for filing such affidavits.
1.1001(3) Certification; judge; bystanders. The proposed bill of exceptions shall be promptly
presented to the trial judge, who shall sign it if it fairly presents the facts. If the judge refuses, and
counsel so certifies, and at least two bystanders attest in writing that the exceptions are correctly
stated, the bill thus certified and attested shall be filed and become part of the record.
1.1001(4) Disability. Whenever the judge or master who tried the cause is for any reason unable
to sign a bill of exceptions or certify the shorthand reporter’s record, the same may be done by a
successor, or by any judge of the court in which the proceeding was pending.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1002 New trial defined. A new trial is the reexamination in the same court of any issue of
fact or part thereof, after a verdict, or master’s report, or a decision of the court.
[Report 1943; November 9, 2001, effective February 15, 2002]