Iowa Code » Chapter 619 — PLEADINGS AND MOTIONS
Iowa Code

Iowa Code § 619.8 (2026)

Necessity to plead

✓ Iowa Code 2026 (laws through the 2025 session)
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No mitigating circumstances shall be proved unless pleaded, except such as are shown by or grow out of the testimony introduced by the adverse party. [R60, §2929; C73, §2682; C97, §3593; C24, 27, 31, 35, 39, §11173; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §619.8]

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Notes of Decisions
Cited in 6 cases, 1948–1971 · leading case: Stauter v. Walnut Grove Prods., 188 N.W.2d 305 (Iowa 1971).
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Stauter v. Walnut Grove Prods., 188 N.W.2d 305 (Iowa 1971). · cites it 2× “7, Code, 1971, provides, “In any action brought to recover damages for an injury to person, character, or property, the defendant may set forth, in a distinct division of his answer, any facts, of which evidence is legally admissible, to mitigate or otherwise reduce the damages,…”
Shewry v. Heuer, 121 N.W.2d 529 (Iowa 1963). · cites it 2× “Section 619.8 states: “No mitigating circumstances shall be proved unless pleaded, except such as are shown by or grow out of the testimony introduced by the adverse party.”
Nizzi v. Laverty Sprayers, Inc., 143 N.W.2d 312 (Iowa 1966). · cites it 2× “In support of this contention defendant cites Code section 619.8 which provides: *122 “No mitigating circumstances shall be proved unless pleaded, except such as are shown by or grow out of the testimony introduced by the adverse party.”
Schoonover v. Fleming, 32 N.W.2d 99 (Iowa 1948). · cites it 2× “It would be practically impossible to' use the fact of the purchase of the land in any manner which would throw light upon the question to be decided.”
Luse v. Waco Cmty. Sch. Dist. of Henry Cnty., 141 N.W.2d 607 (Iowa 1966). · cites it 2× “Errors II and III relate to the requirements of pleading and proving mitigation.”
Heaberlin v. Heaberlin, 122 N.W.2d 841 (Iowa 1963). · cites it 2× “A trustee is there provided to execute a deed if defendant does not, but with this deed plaintiff would still have to obtain possession from defendant.”
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