Iowa Motion to Dismiss or Transfer - Civil Trial

State:
Multi-State
Control #:
US-PI-0095
Format:
Word; 
Rich Text
Instant download

Description

This form is a motion filed by the defendant in a personal injury action requesting that the court grant its motion to dismiss the plaintiff's complaint or to remove the matter to federal court.
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FAQ

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.

Rule 1.442(7) clarifies that all documents served or filed shall include a certificate of service, that proofs of service shall not be filed regarding documents that are not to be filed, and it sets forth the requirements of a certificate of service and prohibits the filing of other proofs of service unless ordered by ...

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.

In addition, rule 1.943 allows for voluntary dismissal of the plaintiff's petition without prejudice once as a matter of right. Id. r. 1.943.

1.305(13) Upon a governmental board, commission or agency, by serving its presiding officer, clerk or secretary. 1.305(14) If service cannot be made by any of the methods provided by this rule, any defendant may be served as provided by court order, consistent with due process of law.

Rule 1.234 - Necessary parties; joinder 1. 234(1)Remedy for nonjoinder as plaintiff. Except as provided in this rule, all persons having a joint interest in any action shall be joined on the same side, but such persons failing to join as plaintiffs may be made defendants.

1.808. Rule 1.808 - Action brought in wrong county 1. 808(1) An action brought in the wrong county may be prosecuted there until termination, unless a defendant, before answer, moves for change to the proper county.

An appellee may file a motion to dismiss an appeal based upon the appellant's failure to comply with an appellate filing deadline established by an appellate rule or court order, the appellant's filing of a document that fails to substantially comply with the appellate rules or a court order, or an allegation that the ...

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Iowa Motion to Dismiss or Transfer - Civil Trial