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610A.2 Dismissal of action or appeal.

1. In addition to the penalty provided in section 610.5, the court in which an affidavit of inability to pay has been filed may dismiss the action or appeal in whole or in part on a finding of either of the following:

a. The allegation of inability to pay is false.

b. The action or appeal is frivolous or malicious in whole or in part.

2. In determining whether an action or appeal is frivolous or malicious, the court may consider whether the claim has no arguable basis in law or fact or the claim is substantially similar to a previous claim, either in that it is brought against the same party or in that the claim arises from the same operative facts as a previous claim which was determined to be frivolous or malicious.

3. In making the determination under subsection 1, the court may hold a hearing before or after service of process on its own motion or on the motion of a party. The hearing may be held by telephone or video conference on the motion of the court or of a party.

4. The court may dismiss the entire action or appeal or a portion of the action or appeal before or after service of process. If a portion of the action or appeal is dismissed, the court shall also designate the issues and defendants on which the action or appeal is to proceed without paying fees and costs. This order is not subject to interlocutory appeal.

Section History: Recent form

95 Acts, ch 167, §2

Internal References

Referred to in § 903A.3

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