§ Rule 1.421. Defenses; how raised; consolidation; waiver

Codes > Iowa Rules of Civil Practice and Procedure > Chapter 1 > Division IV : B. Pleadings; > Rule 1.421.

Rule 1.421. Defenses; how raised; consolidation; waiver

1.421(1) Every defense to a claim for relief in any pleading must be asserted in the pleading responsive thereto, or in an amendment to the answer made within 20 days after service of the answer, or if no responsive pleading is required, then at trial. The following defenses or matters may be raised by pre-answer motion:

a. Lack of jurisdiction of the subject matter.

b. Lack of jurisdiction over the person.

c. Insufficiency of the original notice or its service.

d. To recast or strike.

e. For more specific statement.

f. Failure to state a claim upon which any relief may be granted.

1.421(2) Improper venue under rule 1.808 must be raised by pre-answer motion filed prior to or in a single motion under rule 1.421(3).

1.421(3) If the grounds therefor exist at the time a pre-answer motion is made, motions under rule 1.421(1)(b) through 1.421(1)(f) shall be contained in a single motion and only one such motion assailing the same pleading shall be permitted, unless the pleading is amended thereafter.

1.421(4) If a pre-answer motion does not contain any matter specified in rule 1.421(1) or 1.421(2) that matter shall be deemed waived, except lack of jurisdiction of the subject matter or failure to state a claim upon which relief may be granted.

1.421(5) Sufficiency of any defense may be raised by a motion to strike it, filed before pleading to it.

1.421(6) Motions under this rule must specify how the pleading they attack is claimed to be insufficient.