Iowa Code
Iowa Code § 614.10 (2026)
Failure of action
✓ current as of July 2026
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If, after the commencement of an action, the plaintiff, for any cause except negligence in its prosecution, fails therein, and a new one is brought within six months thereafter, the second shall be held a continuation of the first. [C51, §1668; R60, §2749; C73, §2537; C97, §3455; C24, 27, 31, 35, 39, §11017; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §614.10] 2020 Acts, ch 1063, §324
\nNotes of Decisions
Cited in 60
cases (10 in the last 5 years), 1964–2026 · leading case: Doe v. Hartz, 52 F. Supp. 2d 1027 (N.D. Iowa 1999).
Doe v. Hartz, 52 F. Supp. 2d 1027 (N.D. Iowa 1999). “Doe specifically alleges that the present action is “saved” from the bar of the applicable statute of limitations pursuant to Iowa Code § 614.10 , because her Original Complaint was dismissed without prejudice through no fault of her own, then refiled within six months, and.”
Veatch v. Bartels Lutheran Home, 804 N.W.2d 530 (Iowa Ct. App. 2011). “Iowa Code § 614.10 . The parties dispute the correct interpretation of section 614.”
Charles Furnald v. Anthony Hughes & Emcasco Ins. Co., 804 N.W.2d 273 (Iowa 2011). “” Iowa Code § 614.10 (2009). In this case, the plaintiff brought a personal injury action arising out of an automobile accident.”
Owen Equip. & Erection Co. v. Kroger, 437 U.S. 365 (1978). “See Iowa Code § 614.10 (1977). Compare 558 F.”
Wilson v. Wright, 189 N.W.2d 531 (Iowa 1971). “94118 was added to bring the petition under section 614.10, Code, which provides: "If, after the commencement of an action, the plaintiff, for any cause except negligence in its prosecution, fails therein, and a new one is brought within six months thereafter, the second shall,…”
Sautter v. Interstate Power Co., 563 N.W.2d 609 (Iowa 1997). “Iowa Code § 614.10 states: If, after the commencement of an action, the plaintiff, for any cause except negligence in its prosecution, fails therein, and a new one was brought within six months thereafter, the second shall, for the purposes herein contemplated, be held a…”
De Wit v. Firstar Corp., 879 F. Supp. 947 (N.D. Iowa 1995). “Iowa Code § 614.10 , Iowa's "failure of action” statute, provides as follows: If, after the commencement of an action, the plaintiff, for any cause except negligence in its prosecution, fails therein, and a new one is brought within six months thereafter, the second shall, for…”
Rouse v. Farmers State Bank of Jewell, Iowa, 866 F. Supp. 1191 (N.D. Iowa 1994). “10 , Iowa's ('failure of action” statute, provides as follows: If, after the commencement of an action, the plaintiff, for any cause except negligence in its prosecution, fails therein, and a new one is brought within six months thereafter, the second shall, for the purposes…”
Berntsen v. Cooper & Lybrand, L.L.P., 623 N.W.2d 843 (Iowa 2001). “District Judge William Eads overruled C & L’s motion for summary judgment as to the savings-clause issue.”
Chester v. Nw. Iowa Youth Emergency Servs. Ctr., 869 F. Supp. 700 (N.D. Iowa 1994). “The court therefore determines that there is no federal question upon which to base federal subject matter jurisdiction and Chester’s remaining claims under Iowa Code Ch.”
Saeemodarae v. Mercy Health Servs., 456 F. Supp. 2d 1021 (N.D. Iowa 2006). “Moreover, Saeemodarae’s action will not be “lost,” because Iowa’s “savings” or “failure of action” statute, Iowa Code § 614.10 , will preserve her action.”
Burnett v. New York Cent. R.R., 380 U.S. 424 (1965). “1933, § 2-608 (five years); Iowa Code Ann. 1950, § 614.10 (six months); Kan.”
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