Leonard Jack v. P and A Farms, LTD., D/B/A Crooked Creek Shooting Preserve (2012)

See Jack, 822 N.W.2d at 519 (“Unless subject to a subpoena or court order, a plaintiff in a civil trial is not obligated to take the stand.

Jack, 822 N.W.2d at 519 (second emphasis added) (internal citations omitted).

“If the legislature has not defined words of a statute, we may refer to prior decisions of this court and others, similar statutes, dictionary definitions, and common usage.” Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 516 (Iowa 2012) (citation and internal quotation marks omitted).

Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 515 (Iowa 2012).

A parent’s physical or remote participation in the hearing is a due process right, In re M.D., 921 N.W.2d 229, 236 (Iowa 2018), but it is not a requirement for a parent represented by an attorney, see Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 518 (Iowa 2012) (citing In re J.S., 470 N.W.2d 48, 52 (Iowa Ct. App. 1991)).

A parent’s physical or remote participation in the hearing is a due process right, In re M.D., 921 N.W.2d 229, 236 (Iowa 2018), but it is not a requirement for a parent represented by an attorney, see Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 518 (Iowa 2012) (citing In re J.S., 470 N.W.2d 48 , 4 52 (Iowa Ct. App. 1991)).

Reversal is only warranted upon a finding that the court’s discretion has been abused.” Jack v. P & A. Farms, Ltd., 822 N.W.2d 511, 515 (Iowa 2012) (internal quotation marks and citation omitted).

But, as the supreme court has explained, “cross-examination is limited to matters testified to in chief.” Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 520 (Iowa 2012) (quoting Avery, 270 N.W.2d at 650 ).

“A decision to grant or deny a motion for default judgment rests in the sound discretion of the trial court.” In re Marriage of Christenson, No. 17-2022, 2018 WL 4915910 , at *5 (Iowa Ct. App. Oct. 10, 2018) (citing Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 515 (Iowa 2012)).

Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 515 (Iowa 2012) (“[W]e review the interpretation of our rules of civil procedure for correction of errors at law.”).

Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 515 (Iowa 2012) (“[W]e review the interpretation of our rules of civil procedure for correction of errors at law.”).

Where “the legislature has not defined words of a statute, we may refer to prior decisions of this court and others, similar statutes, dictionary definitions, and common usage.” Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 516 (Iowa 2012) (citation omitted).

“A decision to grant or deny a motion for default judgment rests in the sound discretion of the trial court.” Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 515 (Iowa 2012) (citation omitted).

“A ground or reason is untenable when it is not supported by substantial evidence or when it is based on an erroneous application of the law.” Id. “[W]e review the interpretation of our rules of civil procedure for correction of errors at law.” Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 515 (Iowa 2012).

Standard of Review “[W]e review the interpretation of our rules of civil procedure for correction of errors at law.” Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 515 (Iowa 2012).

See Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 520 (Iowa 2012) (“A party is not denied a fair trial by the denial of the opportunity to cross-examine a witness who does not give any testimony.”).

“A default judgment is a judgment against the party who has failed to take the next step required in the progress of a lawsuit.” Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 515 (Iowa 2012).

Merits “A default judgment is a judgment against the party who has failed to take the next step required in the progress of a lawsuit.” Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 515 (Iowa 2012).

See Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 515 (Iowa 2012).

See Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 515 (Iowa 2012).

See Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 516 (Iowa 2012).

See Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 516 (Iowa 2012) (quoting Iowa Dep’t of Transp. v. Soward, 650 N.W.2d 569, 571 (Iowa 2002)). 11 In surveying other states’ expungement statutes, we have found only the language of Virginia’s statute to be similar to Iowa’s.

The dictionary defines “detect” as “to discover or determine the existence, presence, or fact of.” Detect, Webster’s Third New International Dictionary (unabr. ed. 2002); see also Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 516 (Iowa 2012) (“If the legislature has not defined words of a statute, we may refer to prior decisions of this court and others, similar statutes, dictionary definitions, and common usage.” (quoting Iowa Dep’t of Transp. v. Soward, 650 N.W.2d 569, 571 (I…

See, e.g., Jack v P & A Farms, Ltd, 822 NW2d 511, 519 (Iowa, 2012) (finding that the plaintiff’s presence at trial was not necessary because his attorney could have presented the plaintiff’s claim based entirely on other evidence). 5 It is unclear from the record before us how or why these warrants came to the trial court’s attention, and there is no record of what the trial court specifically said to plaintiff about the warrants before trial.

See, e.g., Jack v P & A Farms, Ltd, 822 NW2d 511, 519 (Iowa, 2012) (finding that the plaintiff’s presence at trial was not necessary because his attorney could have presented the plaintiff’s claim based entirely on other evidence). 5 It is unclear from the record before us how or why these warrants came to the trial court’s attention, and there is no record of what the trial court specifically said to plaintiff about the warrants before trial.

See Jones v. State, 545 N.W.2d 313, 314 (Iowa 1996); see also Jack v. P & A Farms, Ltd., 822 N.W.2d 511, 517-18 (Iowa 2012) (citing Iowa Code § 822.7 ).

See Jack v. P & A Farms, Ltd., 822 N.W.2d 511 , 517–18 (Iowa 2012) (noting a parent’s physical presence is not necessarily required at a termination hearing when counsel is present).

See Jack v. P & A Farms, Ltd., 822 N.W.2d 511 , 515 n.4 (Iowa 2012).