Text: S03315                            Text: S03317
Text: S03300 - S03399                   Text: S Index
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Senate Amendment 3316

Amendment Text

PAG LIN
  1  1    Amend House File 180, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by inserting after line 32 the
  1  4 following:
  1  5    "Sec.    .  Rule of civil procedure 122, Iowa court
  1  6 rules, third edition, is amended by adding the
  1  7 following new paragraph:
  1  8    NEW PARAGRAPH.  bb.  TRUST INFORMATION.  The court
  1  9 may, in its discretion, order a trustee to provide, on
  1 10 behalf of the trust, information including, but not
  1 11 limited to, trust documents and financial statements,
  1 12 relating to any beneficial interest a party to the
  1 13 pending action may have in the trust.
  1 14    Sec.    .  Rule of civil procedure 253, paragraph
  1 15 a, Iowa court rules, third edition, is amended to read
  1 16 as follows:
  1 17    a.  PETITION.  A petition for relief under R.C.P.
  1 18 252 must be filed and served in the original action
  1 19 within one year after the entry of the judgment or
  1 20 order involved.  It A petition for relief under R.C.P.
  1 21 252 shall state the grounds for relief, and, if it
  1 22 seeks a new trial, show that they were not and could
  1 23 not have been, discovered in time to proceed under
  1 24 R.C.P. 236 or 244.  If the pleadings in the original
  1 25 action did not allege a meritorious action or defense
  1 26 the petition shall do so.  It shall be supported by
  1 27 affidavit as provided in R.C.P. 80(c).
  1 28    (1)  A petition for relief under R.C.P. 252,
  1 29 paragraph (a), (c), (d), (e), or (f), must be filed
  1 30 and served in the original action within one year
  1 31 after the entry of the judgment or order involved.
  1 32    (2)  In a petition for relief on the ground of
  1 33 irregularity or fraud under R.C.P. 252, paragraph (b),
  1 34 the cause of action shall not be deemed to have
  1 35 accrued until the irregularity or fraud complained of
  1 36 shall have been discovered by the party aggrieved.  In
  1 37 such actions, the burden of proof shall be upon the
  1 38 petitioner to prove by a preponderance of the evidence
  1 39 the alleged irregularity or fraud."
  1 40    #2.  Title page, line 1, by inserting after the
  1 41 words "relating to" the following:  "certain civil
  1 42 proceedings,".
  1 43    #3.  Title page, line 4, by inserting after the
  1 44 word "order" the following:  ", and certain court rule
  1 45 modifications".  
  1 46 
  1 47 
  1 48                               
  1 49 JoANN JOHNSON 
  1 50 HF 180.302 79
  2  1 rh/cf
     

Text: S03315                            Text: S03317
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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