1. Except as specifically provided in this chapter, there shall be no written pleadings or motions unless the court in the interests of justice permits them, in which event they shall be similar in form to the original notice.
2. Motions, except a motion under rule of civil procedure 1.246, shall be heard only at the time set for a hearing on the merits.
3. Except as provided in section 631.8, subsection 4, a counterclaim, cross-petition or intervention shall be in writing and in the form promulgated under section 631.15. Copies shall be submitted for each party appearing, and shall be mailed by ordinary mail to those parties by the clerk. A cross-petition against persons not a party to the action shall be made pursuant to rule of civil procedure 1.246 and the new party shall be served with notice as provided in this chapter.
4. The rules of civil procedure pertaining to actions, joinder of actions, parties and intervention shall apply to small claims actions, except that rule of civil procedure 1.241 shall not apply. No counterclaim is necessary to assert an offset arising out of the subject matter of the plaintiff’s claim. A counterclaim, cross-petition, or intervention against an existing party is deemed denied and no responsive pleading by such party is required. [C73, §631.7, 631.8; C75, 77, 79, 81, §631.7] \n
Notes of Decisions
Cited in
15
cases, 1957–2019 · leading case:
Hyde v. Anania, 578 N.W.2d 647 (Iowa 1998).
Hyde v. Anania, 578 N.W.2d 647 (Iowa 1998).
· cites it 6× “Iowa Code § 631.7 (2) (“Motions, except a motion under rule 34 of the rules of civil procedure, shall be heard only at the time set for a hearing on the merits.”
Mlynarik v. Bergantzel, 675 N.W.2d 584 (Iowa 2004).
· cites it 4× “Iowa Code § 631.7 (4) (2001) (emphasis added).”
GE Money Bank v. Morales, 773 N.W.2d 533 (Iowa 2009).
· cites it 2× “13, which is now section 631.7, contains no provision for posttrial motions on appeal from a small claims court judgment).”
Barnes Beauty Coll. v. McCoy, 279 N.W.2d 258 (Iowa 1979).
· cites it 3× “According to § 631.7(1) no formal written pleadings or motions are required although the court may allow them.”
Schrock v. Iowa Dist. Court for Polk Cnty., 541 N.W.2d 256 (Iowa 1995).
· cites it 6× “They further argue that even if the small claims court had jurisdiction to consider the posttrial motion, it acted illegally in setting aside the judgment because it did not properly apply rules 256 and 257.”
Midwest Recovery Servs. v. Cooper, 465 N.W.2d 855 (Iowa 1991).
· cites it 2× “Iowa Code § 631.7 (2). The exception, a motion involving third-party practice under Iowa Rule of Civil Procedure 34, has no application here.”
Harris v. Jones, 476 N.W.2d 54 (Iowa 1991).
· cites it 4× “See Iowa Code § 631.7 (4). We do not believe that it was error for the magistrate to dismiss the counterclaim, which was filed only one day before the trial.”
Graeve v. Cherny, 580 N.W.2d 800 (Iowa 1998).
“According to § 631.7(1) no formal written pleadings or motions are required although the court may allow them.”
Severson v. Peterson, 364 N.W.2d 212 (Iowa 1985).
“According to § 631.7(1) no formal written pleadings or motions are required although the court may allow them.”
Bender v. Brooks, 81 N.W.2d 650 (Iowa 1957).
· cites it 2× “Section 631.7, 1954 Code; section 604.3(2), 1954 Code.”
Whisler v. Whisler, 88 N.W.2d 68 (Iowa 1958).
· cites it 2× “Section 631.7, 1954 Code, sets out the jurisdiction of an Iowa probate court, as follows: “The court of the county in which a will is probated, or in which administration or guardianship is granted, shall have jurisdiction coextensive with the state in the settlement of the…”
Hunke v. Veach, 572 N.W.2d 548 (Iowa 1997).
· cites it 2× “The tenants’ counterclaim was in writing and was served on the landlord as required by Iowa Code section 631.7(3). The district court erred in disallowing the counterclaim, and we remand the case for the reinstatement of the judgment thereon.”
— Iowa Code § 631.7(1) — 4 cases
Barnes Beauty Coll. v. McCoy, 279 N.W.2d 258 (Iowa 1979).
“According to § 631.7(1) no formal written pleadings or motions are required although the court may allow them.”
Graeve v. Cherny, 580 N.W.2d 800 (Iowa 1998).
“According to § 631.7(1) no formal written pleadings or motions are required although the court may allow them.”
Severson v. Peterson, 364 N.W.2d 212 (Iowa 1985).
“According to § 631.7(1) no formal written pleadings or motions are required although the court may allow them.”
— Iowa Code § 631.7(2) — 3 cases
Hyde v. Anania, 578 N.W.2d 647 (Iowa 1998).
“Iowa Code § 631.7 (2) (“Motions, except a motion under rule 34 of the rules of civil procedure, shall be heard only at the time set for a hearing on the merits.”
Barnes Beauty Coll. v. McCoy, 279 N.W.2d 258 (Iowa 1979).
“According to § 631.7(1) no formal written pleadings or motions are required although the court may allow them.”
Schrock v. Iowa Dist. Court for Polk Cnty., 541 N.W.2d 256 (Iowa 1995).
“They further argue that even if the small claims court had jurisdiction to consider the posttrial motion, it acted illegally in setting aside the judgment because it did not properly apply rules 256 and 257.”
— Iowa Code § 631.7(3) — 1 case
Hunke v. Veach, 572 N.W.2d 548 (Iowa 1997).
“The tenants’ counterclaim was in writing and was served on the landlord as required by Iowa Code section 631.7(3). The district court erred in disallowing the counterclaim, and we remand the case for the reinstatement of the judgment thereon.”
— Iowa Code § 631.7(4) — 2 cases
Harris v. Jones, 476 N.W.2d 54 (Iowa 1991).
“See Iowa Code § 631.7 (4). We do not believe that it was error for the magistrate to dismiss the counterclaim, which was filed only one day before the trial.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.