View - State of Iowa

Ch 1, p.66 CIVIL PROCEDURE December 2010
insolvent, an infant or other person for whom a guardian, or conservator has been appointed, may
obtain a declaration of rights or legal relations for any of the following reasons:
1.1104(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others.
1.1104(2) To direct executors, administrators, guardians, conservators, trustees or other
fiduciaries, to do or abstain from doing any particular act in their fiduciary capacity.
1.1104(3) To determine any question arising in the administration of the estate, guardianship,
conservatorship or trust, including questions of construction of wills and other writings.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1105 Discretionary. The court may refuse to render a declaratory judgment or decree where
it would not, if rendered, terminate the uncertainty or controversy giving rise to the proceeding.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.1106 Supplemental relief. Supplemental relief based on a declaratory judgment may be
granted wherever necessary or proper. The application for relief shall be by petition in the original
case. If the court deems the petition sufficient, it shall, on such reasonable notice as it prescribes,
require any adverse party whose rights have been adjudicated to show cause why such relief should
not be granted.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1107 Review. All orders, judgments or decrees under rules 1.1101 through 1.1106 may be
reviewed as other judgments, orders or decrees.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.1108 Jury trial. The right of trial by jury shall not be abridged or extended by rules 1.1101
through 1.1107.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.1109 “Person.” For purposes of this division, “person” shall include any individual or entity
capable of suing or being sued under the laws of Iowa.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rules 1.1110 to 1.1200 Reserved.
DIVISION XII
PARTITION OF REAL AND PERSONAL PROPERTY
Rule 1.1201 The action.
1.1201(1) Real or personal property may be partitioned by equitable proceedings.
1.1201(2) Property shall be partitioned by sale and division of the proceeds, unless a party prays
for partition in kind by its division into parcels, and shows that such partition is equitable and
practicable. But personalty which is subject to any lien on the whole or any part can be partitioned
only by sale.
1.1201(3) When partition can be conveniently made of part of the premises but not of all, one
portion may be partitioned and the other sold, as provided in the rules in this division.
1.1201(4) Real and personal property owned by the same persons may be partitioned in the same
action. The same referee may act as to both real and personal property.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1202 Pending probate. Where the entire interest in real estate is owned by a decedent on
whose estate administration or probate is pending, the action cannot be brought until four months
after the second publication of the notice of the appointment of the personal representative, or at any
time while an application for authority to sell such real estate is pending in the probate proceeding.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]