Iowa § 631.8 Procedure

Iowa Statutes

§ 631.8 — Procedure

Iowa § 631.8

Title XVJUDICIAL BRANCH AND JUDICIAL PROCEDURES

Ch. 631SMALL CLAIMS

This text of Iowa § 631.8 (Procedure) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Iowa Code § 631.8 (2026).

Text

1.Small claims not determined within ninety days following the expiration of any period of continuance or following the last entry placed on the record for that action shall be dismissed by the clerk without prejudice.

2.Insmallclaimsactions, ifapartyjoinsasmallclaimwithonewhichisnotasmallclaim, the court shall:

a.Order the small claim to be heard under this chapter and dismiss the other claim without prejudice, or

b.As to parties who have appeared or are existing parties, either order the small claim to be heard under this chapter and the other claim to be tried by regular procedure or order both claims to be tried by regular procedure.

3.If commenced as a regular civil action or under the statutes relating to probate proceedings, a small claim shall be transferred to the small clai

Free access — add to your briefcase to read the full text and ask questions with AI

1. Small claims not determined within ninety days following the expiration of any period
of continuance or following the last entry placed on the record for that action shall be
dismissed by the clerk without prejudice.
2. Insmallclaimsactions, ifapartyjoinsasmallclaimwithonewhichisnotasmallclaim,
the court shall:

a. Order the small claim to be heard under this chapter and dismiss the other claim
without prejudice, or
b. As to parties who have appeared or are existing parties, either order the small claim
to be heard under this chapter and the other claim to be tried by regular procedure or order
both claims to be tried by regular procedure.
3. If commenced as a regular civil action or under the statutes relating to probate
proceedings, a small claim shall be transferred to the small claims docket. A small claim
commenced as a regular action shall not be dismissed but shall be transferred to the small
claims docket. Civil and probate actions not small claims but commenced under this chapter
shall be dismissed without prejudice except for defendants who have appeared, as to whom
such actions shall be transferred to the combination or probate docket, as appropriate.
4. Insmallclaimsactions, acounterclaim, crossclaim, orinterventioninagreateramount
than that of a small claim shall be in the form of a regular pleading. A copy shall be filed for
each existing party. New parties, when permitted by order, may be brought in under rule of
civil procedure 1.246 and shall be given notice under the rules of civil procedure pertaining
to commencement of actions. The court shall either order such counterclaim, cross claim,
or intervention to be tried by regular procedure and the other claim to be heard under this
chapter, or order the entire action to be tried by regular procedure.
5. In regular action, when a party joins a small claim with one which is not a small claim,
regular procedure shall apply to both unless the court transfers the small claim to the small
claims docket for hearing under this chapter.
6. In regular actions, a counterclaim, cross claim, or intervention in the amount of a small
claim shall be pleaded, tried, and determined by regular procedure, unless the court transfers
the small claim to the small claims docket for hearing under this chapter.
7. Pleadings which are not in correct form under this section shall be ordered amended
so as to be in correct form; but a small claim which is proceeding under this chapter need not
be amended although in the form of a regular pleading.
8. Copies of any papers filed by the parties which are not required to be served, shall be
mailed or delivered by the clerk as provided in rule of civil procedure 1.442.