Text: SF00376 Text: SF00378 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Rule of civil procedure 253, paragraph a, Iowa 1 2 court rules, third edition, is amended to read as follows: 1 3 a. PETITION.A petition for relief under R.C.P. 252 must1 4be filed and served in the original action within one year1 5after the entry of the judgment or order involved. ItA 1 6 petition for relief under R.C.P. 252 shall state the grounds 1 7 for relief, and, if it seeks a new trial, show that they were 1 8 not and could not have been, discovered in time to proceed 1 9 under R.C.P. 236 or 244. If the pleadings in the original 1 10 action did not allege a meritorious action or defense the 1 11 petition shall do so. It shall be supported by affidavit as 1 12 provided in R.C.P. 80(c). 1 13 (1) A petition for relief under R.C.P. 252, paragraph (a), 1 14 (c), (d), (e), or (f), must be filed and served in the 1 15 original action within one year after the entry of the 1 16 judgment or order involved. 1 17 (2) In a petition for relief on the ground of irregularity 1 18 or fraud under R.C.P. 252, paragraph (b), the cause of action 1 19 shall not be deemed to have accrued until the irregularity or 1 20 fraud complained of shall have been discovered by the party 1 21 aggrieved. In such actions, the burden of proof shall be upon 1 22 the petitioner to prove by a preponderance of the evidence the 1 23 alleged irregularity or fraud. 1 24 EXPLANATION 1 25 This bill amends rule of civil procedure 253, relating to 1 26 the statute of limitations and burden of proof in petitions to 1 27 correct, vacate, or modify a final judgment or order, or grant 1 28 a new trial, based upon irregularity or fraud. The bill 1 29 provides that in a petition for relief to correct, vacate, or 1 30 modify a final judgment or order, or grant a new trial, based 1 31 upon irregularity or fraud, the cause of action shall not 1 32 accrue until the irregularity or fraud complained of shall 1 33 have been discovered by the party aggrieved. The bill further 1 34 provides that the petitioner has the burden to prove the 1 35 irregularity or fraud by a preponderance of the evidence. 2 1 LSB 2281XS 79 2 2 rh/pj/5
Text: SF00376 Text: SF00378 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed May 9 09:40:00 CDT 2001
URL: /DOCS/GA/79GA/Legislation/SF/00300/SF00377/010307.html
jhf