§ 617.9 — Unserved parties — optional procedure

Iowa § 617.9

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 617: COMMENCING ACTIONS

Text

1. When the action is against two or more defendants, and one or more of them shall have
been served, but not all, the plaintiff may proceed as follows:
2. If the action is against defendants who are jointly, or jointly and severally, or severally
liable only, the plaintiff may, without prejudice to the plaintiff’s rights in that or any other
action against those not served, proceed against those served in the same manner as if
they were the only defendants; if the plaintiff recovers against those jointly liable only, the
plaintiff may take judgment against all thus liable, which may be enforced against the joint
and separate property of those served, but not against the separate property of those not
served, until they have had opportunity to show cause why judgment should not be enforced
against their separate property.

Legislative History

[R60, §2841; C73, §2627; C97, §3542; C24, 27, 31, 35, 39, §11091; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §617.9]