Iowa Rules of Civil procedure
Iowa rules of civil procedure lays down the rules that should be followed by state courts in Iowa. The rules govern civil actions. The rules are promulgated for the smooth and efficient functioning of state courts. A civil action commences with the filing of a petition. Party who commences the action is called the plaintiff or petitioner, and the opposite party is called the defendant or respondent. A civil action can be classified into various stages that include: pleading stage, discovery stage, trial stage, and judgment stage.
Different types of pleadings in Iowa courts are: Petition, Answer to petition, Counter claim, Reply to counterclaim, Cross claim, Reply to cross claim, Cross-petition and answer to cross petition. A petition should be filed by the real party in interest. If the real party in interest is a minor, the person’s conservator, guardian or next friend may sue on behalf of the minor or incompetent person. If the real party in interest is an incompetent person, a conservator or guardian appointed by the court can sue on his/her behalf.
Discovery is obtained by parties through:
- oral examination or written questions;
- written interrogatories;
- requests for admission;
- request for production of documents or other information;
- request for permission to enter into land or other property for inspection or other purpose; and/or
- physical and mental examinations.
After commencement of the action, a party may demand for trial by jury. Jury trial is waived if not demanded according to Rule 1.902. A judgment is passed after trial. The judgment adjudicates the rights of the parties in an action.