§ Rule 1.1217. Report of referees; notice and hearing

Codes > Iowa Rules of Civil Practice and Procedure > Chapter 1 > Division XII > Rule 1.1217.

Rule 1.1217. Report of referees; notice and hearing

1.1217(1) Referees shall file a report of their proposed partition in kind, describing with reasonable particularity the respective shares and the specific property allotted to each owner, with a plat of any real estate involved. The court shall promptly fix a time and place for a hearing, and the referee shall give at least ten days' notice thereof in such manner as the court directs. On hearing, the court may approve, modify or disapprove the report, and refer it to the same or different referees or order a sale.

1.1217(2) Referees shall report their inability to make a division to the court. The court shall order a sale of personal property without further notice. As to real estate, the report shall be heard under rule 1.1217(1). On hearing, the court may make any further decree of sale or otherwise as may be proper under the exigencies of the case.