§ Rule 1.1402. Procedure

Codes > Iowa Rules of Civil Practice and Procedure > Chapter 1 > Division XIV > Rule 1.1402.

Rule 1.1402. Procedure

1.1402(1) Title. The petition shall be captioned in the name of the petitioner as plaintiff, against the inferior tribunal, board or officer as defendant.

1.1402(2) Nature of proceeding. The action shall be by ordinary proceedings, so far as applicable.

1.1402(3) Time for filing. The petition must be filed within 30 days from the time the tribunal, board or officer exceeded its jurisdiction or otherwise acted illegally. An extension of such time, however, may be allowed by the reviewing court upon a showing that failure to file the petition within the time provided was due to a failure of the tribunal, board or officer to notify the petitioner of the challenged decision. Any motion for extension of time shall be filed with the clerk of the court in which the writ of certiorari is sought within 90 days of the challenged decision. The motion and any resistance may be supported by copies of relevant portions of the record of the proceedings being challenged, and by affidavits, and no other form of evidence will be received.