Iowa Code » Chapter 611 — ACTIONS
Iowa Code

Iowa Code § 611.3 (2026)

Forms of action

✓ current as of July 2026
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All forms of action are abolished, but proceedings in civil actions may be of two kinds, ordinary or equitable. [R60, §2608, 2610; C73, §2507; C97, §3426; C24, 27, 31, 35, 39, §10940; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §611.3]

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Notes of Decisions
Cited in 13 cases, 1951–2015 · leading case: Moser v. Thorp Sales Corp., 312 N.W.2d 881 (Iowa 1981).
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Moser v. Thorp Sales Corp., 312 N.W.2d 881 (Iowa 1981). · cites it 4× “*897 Section 611.3 states: "[P]roceedings in civil actions may be of two kinds, ordinary or equitable.”
Brammer v. Allied Mut. Ins. Co., 182 N.W.2d 169 (Iowa 1970). · cites it 4× “Section 611.3, et seq., Code, 1966. Here the issues tendered are basically legal in nature.”
Life Investors Ins. Co. of Am. v. Heline, 285 N.W.2d 31 (Iowa 1979). · cites it 4× “We therefore overrule Tow insofar as it states the scope of review in disinterment actions to be on error and adhere to our initial rule that they are in equity, reviewable de novo.”
In Re Est. of Rutter, 633 N.W.2d 740 (Iowa 2001). · cites it 2× “See Iowa Code § 611.3 (1997); Smith v. ADM Feed Corp.”
Sierra Club v. Wayne Weber LLC, 689 N.W.2d 696 (Iowa 2004). · cites it 2× “This is an action to interpret and enforce by way of prospective injunctive relief an oral agreement dictated into the record of the mediation proceeding and, as such, is an ordinary action to be reviewed for errors at law.”
First Nat'l Bank in Sioux City v. Curran, 206 N.W.2d 317 (Iowa 1973). · cites it 2× “Code 1973, § 611.3. See Iowa Const. Art. V, § 6 ("The District Court shall be a court of law and equity, which shall be distinct and separate jurisdictions.”
In re Adoption of Perkins, 49 N.W.2d 248 (Iowa 1951). · cites it 2× “Equitable proceedings are allowed only in cases where courts of equity had jurisdiction before the adoption of the Code and are mandatory in all cases where such equitable jurisdiction was exclusive. Code section 611.”
Soo Line R.R. v. Iowa Dep't of Transp., 501 N.W.2d 525 (Iowa 1993). · cites it 2× “Iowa Code § 611.3 (1991). The right of jury trial is mandated only as to ordinary civil actions.”
In Re Wulf's Est., 48 N.W.2d 890 (Iowa 1951). “See sections 611.3, 611.4 and 611.5, Iowa Code 1950, I.”
In Re Est. of Manahan, 125 N.W.2d 135 (Iowa 1963). “” See sections 611.3, 611.4, 611.5 and 635.59, Iowa Code.”
In Re Devine's Est., 123 N.W.2d 898 (Iowa 1963). “Being aware of the fact that our review of this matter is not de novo, applicant concedes under the record the determination of the trial court that he failed to prove general and notorious recognition of paternity is binding upon this court, for there was substantial evidence…”
Smith v. ADM Feed Corp., 456 N.W.2d 378 (Iowa 1990). · cites it 4× “A plaintiff in such an *387 action demands relief against another party known as the defendant.”
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