§ Rule 1.1013. Procedure for vacating or modifying judgment

Codes > Iowa Rules of Civil Practice and Procedure > Chapter 1 > Division X > Rule 1.1013.

Rule 1.1013. Procedure for vacating or modifying judgment

1.1013(1) Petition. A petition for relief under rule 1.1012 requires payment of the filing fee set forth in Iowa Code section 602. 8105(1)(a), or if made in small claims, the filing fee set forth in section 631.6(1)(a), and must be filed and served in the original action within one year after the entry of the judgment or order involved. It shall state the grounds for relief, and, if it seeks a new trial, show that they were not and could not have been discovered in time to proceed under rule 1.977 or 1.1004. If the pleadings in the original action did not allege a meritorious action or defense the petition shall do so. It shall be supported by affidavit as provided in rule 1.413(3).

1.1013(2) Notice. The petitioner must serve the adverse party with an original notice and petition in the manner provided in rules 1. 301 through 1.315, located in division HI of the rules in this chapter.

1.1013(3) Trial. The court shall promptly assign the petition for trial not less than 20 days after notice is served. The petition shall stand denied without answer; otherwise the issues and pleadings, and form and manner of the trial shall be the same, as nearly as may be, as in the trial of an ordinary action to the court, and with the same right of appeal. No new claim shall be introduced.

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.

1.1013(5) Judgment. If the original judgment or order is affirmed after a stay under rule 1.1006, additional judgment shall be entered against the petitioner for the costs of the trial, and also, in the court's discretion, for damages not exceeding 10 percent of the judgment affirmed.