View - State of Iowa

December 2010 CIVIL PROCEDURE Ch 1, p.27
E. COURT ACTION
Rule 1.451 Specific rulings required. A motion, or other matter involving separate grounds or
parts, shall be disposed of by separate ruling on each and not sustained generally.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.452 Order defined. Every direction of the court, made in writing and not included in the
judgment or decree, is an order.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.453 When and how entered. A judge may enter judgments, orders or decrees at any time
after the matter has been submitted, effective when filed with the clerk, or as provided by rule 1.442(5).
The clerk shall promptly mail or deliver notice of such entry, or copy thereof, to each party appearing,
or to one of the party’s attorneys. The clerk is authorized to deliver any judgments, orders, decrees
or notices to the e-mail address provided by the attorney or party.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002; June
29, 2009, effective August 28, 2009]
Rule 1.454 Reserved.
Rule 1.455 Preliminary determination. On application of any party, the motion for judgment on
the pleadings under rule 1.954, and the defenses of (1) lack of jurisdiction over the subject matter, (2)
lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency
of service of process, (6) failure to state a claim upon which relief can be granted, and (7) failure to
join a party under rule 1.234, whether made in a pleading or by motion, shall be determined before
trial, unless the court orders that determination thereof be deferred until the trial.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.456 Cross-petition, cross-claim, counterclaim; judgment. Where judgment in the original
case can be entered without prejudice to the rights in issue under a cross-petition, cross-claim or
counterclaim, it shall not be delayed thereby.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.457 Amending to conform to the evidence. When issues not raised by the pleadings are
tried by express or implied consent of the parties, they shall be treated in all respects as if they had
been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to
conform to the evidence and to raise these issues may be made upon motion of any party at any time,
even after judgment; but failure so to amend does not affect the result of the trial of these issues. If
evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings,
the court may allow the pleadings to be amended and shall do so freely when the presentation of the
merits of the action will be served thereby and the objecting party fails to satisfy the court that the
admission of such evidence would prejudice that party in maintaining the action or defense upon the
merits. The court may grant a continuance to enable the objecting party to meet such evidence.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.458 Special action; proper remedy awarded. In any case of mandamus, certiorari, appeal
to the district court, or for specific equitable relief, where the facts pleaded and proved do not entitle
the petitioner to the specific remedy asked, but do show the petitioner entitled to another remedy, the
court shall permit the petitioner on such terms, if any, as it may prescribe, to amend by asking for
such latter remedy, which may be awarded.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rules 1.459 to 1.500 Reserved.