Iowa Code » Chapter 619 — PLEADINGS AND MOTIONS
Iowa Code

Iowa Code § 619.9 (2026)

Amount of proof

✓ Iowa Code 2026 (laws through the 2025 session)
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A party shall not be compelled to prove more than is necessary to entitle the party to the relief asked for, or any lower degree included therein, nor more than sufficient to sustain the party’s defense. [R60, §2966; C73, §2729; C97, §3639; C24, 27, 31, 35, 39, §11181; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §619.9]

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Notes of Decisions
Cited in 9 cases, 1960–1990 · leading case: Wolfe v. Graether, 389 N.W.2d 643 (Iowa 1986).
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Wolfe v. Graether, 389 N.W.2d 643 (Iowa 1986). · cites it 2× “2d 127, 131 (Iowa 1983); Iowa Code § 619.9 (1983). Dr. Graether contends that the plaintiff has conceded that a breach of contract by the clinic is an essential element of his claim against Graether.”
Bradt v. Grell Constr., Inc., 161 N.W.2d 336 (Iowa 1968). · cites it 4× “See also section 619.9, Codes 1962, 1966." Harlan v.”
Powell v. Khodari-Intergreen Co., 334 N.W.2d 127 (Iowa 1983). · cites it 2× “Iowa Code § 619.9 (1983). At the time the trial court ruled on a motion for adjudication of law points as to the malicious threat to extort claim, no determination had been made of the proper law to be applied in determining whether plaintiff had a claim for relief on the facts…”
Sandhorst v. Mauk's Transfer, Inc., 252 N.W.2d 393 (Iowa 1977). · cites it 2× “Code 1977, § 619.9 ("A party shall not be compelled to prove more than is necessary to entitle him to the relief asked for, or any lower degree included therein, nor more than necessary to sustain his defense.”
Mills v. Guthrie Cnty. Rural Elec. Coop. Ass'n, 454 N.W.2d 846 (Iowa 1990). · cites it 2× “2d 643, 658 (Iowa 1986); Iowa Code § 619.9 (1987). Rather than precluding any proof of lost profits as a measure of loss of use, the district court should have pared either the claim, the evidence, or both in order that the jury would receive only those elements of loss which…”
Freese v. Lemmon, 267 N.W.2d 680 (Iowa 1978). · cites it 2× “Third, the trial court had both (a) and (b) before it, both (a) and (b) turned on whether Lemmon acted with due care in undertaking to drive, under (a) Lemmons had to prove that Lemmon acted with due care, while under (b) plaintiffs had to prove that Lemmon acted without due…”
Harlan v. Passot, 150 N.W.2d 87 (Iowa 1967). · cites it 2× “See also section 619.9, Codes 1962, 1966. The court held the question of proximate cause relates to substantive rights and this phase of the quoted section operates prospectively only; defendant had the burden of pleading Wanda’s contributory negligence but if he proved by a…”
Heninger & Heninger, P.C. v. Davenport Bank & Trust Co., 341 N.W.2d 43 (Iowa 1983). · cites it 2× “Iowa Code § 619.9 . Had the trial court held on the evidence that Heninger and Palmer intended Heningers was to be paid solely by the corporation, a different problem would exist; the defense of payment would confront Heningers.”
Barnes v. Gall, 103 N.W.2d 710 (Iowa 1960). · cites it 2× “We set out section 619.9, Code of 1958: “Amount of proof.”
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