Text: S03276                            Text: S03278
Text: S03200 - S03299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 3277

Amendment Text

PAG LIN
  1  1    Amend Senate File 224 as follows:
  1  2    #1.  Page 1, by inserting after line 25 the
  1  3 following:
  1  4    "Sec.    .  Rule of civil procedure 122, Iowa court
  1  5 rules, third edition, is amended by adding the
  1  6 following new paragraph:
  1  7    NEW PARAGRAPH.  bb.  TRUST INFORMATION.  The court
  1  8 may, in its discretion, order a trustee to provide, on
  1  9 behalf of the trust, information including, but not
  1 10 limited to, trust documents and financial statements,
  1 11 relating to any beneficial interest a party to the
  1 12 pending action may have in the trust.
  1 13    Sec.    .  Rule of civil procedure 253, paragraph
  1 14 a, Iowa court rules, third edition, is amended to read
  1 15 as follows:
  1 16    a.  PETITION.  A petition for relief under R.C.P.
  1 17 252 must be filed and served in the original action
  1 18 within one year after the entry of the judgment or
  1 19 order involved.  It A petition for relief under R.C.P.
  1 20 252 shall state the grounds for relief, and, if it
  1 21 seeks a new trial, show that they were not and could
  1 22 not have been, discovered in time to proceed under
  1 23 R.C.P. 236 or 244.  If the pleadings in the original
  1 24 action did not allege a meritorious action or defense
  1 25 the petition shall do so.  It shall be supported by
  1 26 affidavit as provided in R.C.P. 80(c).
  1 27    (1)  A petition for relief under R.C.P. 252,
  1 28 paragraph (a), (c), (d), (e), or (f), must be filed
  1 29 and served in the original action within one year
  1 30 after the entry of the judgment or order involved.
  1 31    (2)  In a petition for relief on the ground of
  1 32 irregularity or fraud under R.C.P. 252, paragraph (b),
  1 33 the cause of action shall not be deemed to have
  1 34 accrued until the irregularity or fraud complained of
  1 35 shall have been discovered by the party aggrieved.  In
  1 36 such actions, the burden of proof shall be upon the
  1 37 petitioner to prove by a preponderance of the evidence
  1 38 the alleged irregularity or fraud."
  1 39    #2.  Title page, line 1, by inserting after the
  1 40 words "relating to" the following:  "certain civil
  1 41 proceedings,".
  1 42    #3.  Title page, line 4, by inserting after the
  1 43 word "order" the following:  ", and certain court rule
  1 44 modifications".  
  1 45 
  1 46 
  1 47                               
  1 48 JoANN JOHNSON 
  1 49 SF 224.201 79
  1 50 rh/gg
     

Text: S03276                            Text: S03278
Text: S03200 - S03299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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