Iowa Motion to Withdraw Funds from the Court's Registry

State:
Multi-State
Control #:
US-03349BG
Format:
Word; 
Rich Text
Instant download

Description

A court may, on proper application, permit a party in the possession of money (or other valuable item capable of delivery) to deposit the money in court for various reasons including:


" to relieve the depositor of the responsibility of the funds;

" to avoid placing one party at a severe advantage during the period of litigation; and

" to preserve the funds in controversy to ensure that the prevailing party may receive the money it is awarded.

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FAQ

Iowa Code section 602.6101 states: A unified trial court is established. This court is the ?Iowa District Court?.

A temporary injunction may be allowed under any of the following circumstances: 1. 1502(1) When the petition, supported by affidavit, shows the plaintiff is entitled to relief which includes restraining the commission or continuance of some act which would greatly or irreparably injure the plaintiff.

An attorney can issue a subpoena without a court file being opened, but if the clerk issues a blank subpoena, a court file must be opened and will collect a $50 fee. Rule 1.1702(5). A court file will also be opened for any motions relating to the subpoena and the clerk will collect a $50 fee then as well.

P. 1.943. A party may, without order of court, dismiss that party's own petition, counterclaim, cross-claim, cross-petition or petition of intervention, at any time up until ten days before the trial is scheduled to begin.

Courts of record within their respective jurisdictions shall declare rights, status, and other legal relations whether or not further relief is or could be claimed. It shall be no objection that a declaratory judgment or decree is prayed for.

An injunction may be obtained as an independent remedy by an action in equity, or as an auxiliary remedy in any action. In either case, the party applying therefor may claim damages or other relief in the same action.

431(7) The trial court shall rule on all motions within 30 days after their submission, unless it extends the time for reasons stated of record.

1. 1013(4)Preliminary determination. The court may try and determine the validity of the grounds to vacate or modify a judgment or order before trying the validity of the claim or defense.

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Iowa Motion to Withdraw Funds from the Court's Registry