Iowa Code » Chapter 611 — ACTIONS
Iowa Code

Iowa Code § 611.9 (2026)

Correction on motion

✓ current as of July 2026
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The defendant may have the correction made by motion at or before the filing of an answer, where it appears by the provisions of this Code wrong proceedings have been adopted. [R60, §2615, 2616; C73, §2516; C97, §3434; C24, 27, 31, 35, 39, §10946; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §611.9]

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Notes of Decisions
Cited in 7 cases, 1948–1981 · leading case: Wright v. Copeland, 41 N.W.2d 102 (Iowa 1950).
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Wright v. Copeland, 41 N.W.2d 102 (Iowa 1950). · cites it 2× “section 611.9 the° error, if any, in the kind of proceedings was waived.”
McManis v. Keokuk Sav. Bank & Trust Co., 33 N.W.2d 410 (Iowa 1948). · cites it 2× “Code section 611.9 requires such motion be made at or before answer is filed.”
In Re Long's Est., 102 N.W.2d 76 (Iowa 1960). · cites it 2× “Appellant now contends he was in the wrong forum; in probate. He contends he was entitled to a jury trial at law.”
Smith v. State Farm Mut. Auto. Ins. Co., 248 N.W.2d 903 (Iowa 1976). “, and where there is “misjoinder” of legal and equitable actions, the defendant may move pursuant to Code sections 611.9 and 611.10, for transfer to the proper docket.”
Sec. Sav. Bank v. Colony Vill. Corp., 301 N.W.2d 702 (Iowa 1981). · cites it 2× “All the defendants filed motions under section 611.9, The Code 1979, to transfer the cause from equity to law, asserting the plaintiff’s petition and attached exhibits did not allege matters entitling it to claim an equitable mortgage.”
Galvin v. Suchomel, 186 N.W.2d 662 (Iowa 1971). · cites it 2× “” Section 611.9 states: “The defendant may have the correction made by motion at or before the filing of his answer, where it appears by the provisions of this code wrong proceedings have been adopted.”
Vosges v. Clark, 38 N.W.2d 611 (Iowa 1949). · cites it 2× “or a reversal, that the court erred (1) in transferring the entire case from equity to law; (2) in overruling the appellant’s motion to withdraw the issues raised by division one of appellant’s petition from the consideration of the jury; (3) in overruling appellant’s motion to…”
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