§ Rule 1.1008. Conditional rulings on grant of motion

Codes > Iowa Rules of Civil Practice and Procedure > Chapter 1 > Division X > Rule 1.1008.

Rule 1.1008. Conditional rulings on grant of motion

1.1008(1) Any motion may be filed under rule 1.1003 or 1.1004 without waiving the right to file or rely on any other of such motions.

1.1008(2) Not later than fifteen days after entry of a judgment notwithstanding the verdict, the party whose verdict has been set aside may file a motion for new trial pursuant to rule 1.1004.

1.1008(3) If a motion for judgment notwithstanding the verdict is granted, the court shall also rule on any motion for new trial by determining whether it should be granted if the judgment is thereafter vacated or reversed, and shall specify the grounds for granting or denying the motion for new trial. If a motion for new trial is thus conditionally granted, the order thereon does not affect the finality of the judgment. If a motion for new trial has been conditionally granted and the judgment is reversed on appeal, the new trial shall proceed unless otherwise ordered by the appellate court. If a motion for new trial has been conditionally denied, the appellee may assert error in that denial; and if the judgment is reversed on appeal, subsequent proceedings shall be in accordance with the order of the appellate court.