Text: SF00376                           Text: SF00378
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 377

Partial Bill History

Bill Text

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 must
  1  4 be filed and served in the original action within one year
  1  5 after the entry of the judgment or order involved.  It A
  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

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