Text: SF02291 Text: SF02293 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 614.1, subsection 2, Code Supplement 1 2 1995, is amended to read as follows: 1 3 2. INJURIES TO PERSON OR REPUTATION – RELATIVE RIGHTS – 1 4 STATUTE PENALTY. Those founded on injuries to the person or 1 5 reputation, including injuries to relative rights, whether 1 6 based on contract or tort, or for a statute penalty, within 1 7 two years, except as provided in subsection 14. 1 8 Sec. 2. Section 614.1, Code Supplement 1995, is amended by 1 9 adding the following new subsection: 1 10 NEW SUBSECTION. 14. AGAINST A PERSON INCARCERATED IN A 1 11 PENITENTIARY OR REFORMATORY. Those brought against a person 1 12 who is incarcerated in a penitentiary or reformatory at the 1 13 time the period of limitations under subsection 2 would have 1 14 otherwise expired, and which are founded on injuries to the 1 15 person or reputation, including injuries to relative rights, 1 16 whether based on contract or tort, or for a statute penalty 1 17 within two years after the person is no longer subject to 1 18 R.C.P. 13. 1 19 Sec. 3. Section 625.5, Code 1995, is amended to read as 1 20 follows: 1 21 625.5 LIABILITY OF SUCCESSFUL PARTY – LIEN FOR COSTS. 1 22 All costs accrued at the instance of the successful party, 1 23 which cannot be collectedoffrom the other party, may be 1 24 recovered on motion by the person entitled to them against the 1 25 successful party. However, if the court requires the 1 26 successful party to pay costs, which cannot be collected from 1 27 the other party, to the person entitled to them, the order 1 28 assessing costs against the successful party shall be a 1 29 separate judgment against the other party and the other party 1 30 shall remain liable to the successful party for the costs 1 31 which cannot at the time of the order be collected from the 1 32 other party. If the court does not assess costs against the 1 33 successful party, the person entitled to the costs shall have 1 34 a lien upon the real estate owned by the other party in the 1 35 manner of a judgment lien under section 624.23. 2 1 EXPLANATION 2 2 This bill provides that the statute of limitations for 2 3 bringing a civil action for injuries caused by a person who is 2 4 subject to Iowa Rule of Civil Procedure 13 due to being a 2 5 prisoner in a penitentiary or reformatory at the time the 2 6 regular two-year statute of limitations would have expired is 2 7 extended until two years after the person is no longer subject 2 8 to R.C.P. 13. Rule of Civil Procedure 13 requires that a 2 9 guardian ad litem be appointed to defend a person in a civil 2 10 action who, among others, is confined in a penitentiary or 2 11 reformatory. 2 12 The bill also provides that costs which cannot be collected 2 13 from the losing party in an action and which are assessed 2 14 against the successful party become a separate judgment 2 15 against the losing party. If the court does not assess costs 2 16 from the losing party against the successful party, the person 2 17 who is owed the costs shall have a lien against the losing 2 18 party's real estate. The lien shall be enforced in the manner 2 19 of a judgment lien. 2 20 LSB 3003SS 76 2 21 mk/sc/14
Text: SF02291 Text: SF02293 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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