631.7  Parties, pleadings and motions.

1.  Except as specifically provided in this chapter, there shall be no written pleadings or motions unless the court in the interests of justice permits them, in which event they shall be similar in form to the original notice.

2.  Motions, except a motion under rule 34 of the rules of civil procedure, shall be heard only at the time set for a hearing on the merits.

3.  Except as provided in section 631.8, subsection 4, a counterclaim, cross-petition or intervention shall be in writing and in the form promulgated under section 631.15. Copies shall be submitted for each party appearing, and shall be mailed by ordinary mail to those parties by the clerk. A cross-petition against persons not a party to the action shall be made pursuant to rule 34 of the rules of civil procedure and the new party shall be served with notice as provided in this chapter.

4.  The rules of civil procedure pertaining to actions, joinder of actions, parties and intervention shall apply to small claims actions, except that rule 29 shall not apply. No counterclaim is necessary to assert an offset arising out of the subject matter of the plaintiff's claim. A counterclaim, cross-petition, or intervention against an existing party is deemed denied and no responsive pleading by such party is required.

Section History: Early form

  [C73, § 631.7, 631.8; C75, 77, 79, 81, § 631.7]

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