Iowa Code

Iowa Code § 631.8 (2026)

Procedure

✓ current as of July 2026

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1. Small claims not determined within ninety days following the expiration of any period of continuance or following the last entry placed on the record for that action shall be dismissed by the clerk without prejudice.

2. In small claims actions, if a party joins a small claim with one which is not a small claim, the court shall:\n\nTue Dec 09 21:58:51 2025 Iowa Code 2026, Chapter 631 (28, 0) 5 SMALL CLAIMS, §631.11\n\n a. Order the small claim to be heard under this chapter and dismiss the other claim without prejudice, or

b. As to parties who have appeared or are existing parties, either order the small claim to be heard under this chapter and the other claim to be tried by regular procedure or order both claims to be tried by regular procedure.

3. If commenced as a regular civil action or under the statutes relating to probate proceedings, a small claim shall be transferred to the small claims docket. A small claim commenced as a regular action shall not be dismissed but shall be transferred to the small claims docket. Civil and probate actions not small claims but commenced under this chapter shall be dismissed without prejudice except for defendants who have appeared, as to whom such actions shall be transferred to the combination or probate docket, as appropriate.

4. In small claims actions, a counterclaim, cross claim, or intervention in a greater amount than that of a small claim shall be in the form of a regular pleading. A copy shall be filed for each existing party. New parties, when permitted by order, may be brought in under rule of civil procedure 1.246 and shall be given notice under the rules of civil procedure pertaining to commencement of actions. The court shall either order such counterclaim, cross claim, or intervention to be tried by regular procedure and the other claim to be heard under this chapter, or order the entire action to be tried by regular procedure.

5. In regular action, when a party joins a small claim with one which is not a small claim, regular procedure shall apply to both unless the court transfers the small claim to the small claims docket for hearing under this chapter.

6. In regular actions, a counterclaim, cross claim, or intervention in the amount of a small claim shall be pleaded, tried, and determined by regular procedure, unless the court transfers the small claim to the small claims docket for hearing under this chapter.

7. Pleadings which are not in correct form under this section shall be ordered amended so as to be in correct form; but a small claim which is proceeding under this chapter need not be amended although in the form of a regular pleading.

8. Copies of any papers filed by the parties which are not required to be served, shall be mailed or delivered by the clerk as provided in rule of civil procedure 1.442. [C73, §631.2, 631.8; C75, 77, 79, 81, §631.8] 2013 Acts, ch 30, §162; 2014 Acts, ch 1092, §136; 2020 Acts, ch 1063, §332 Referred to in §631.2, 631.7 \n

Notes of Decisions

Cited in 8 cases, 1980–2020 · leading case: Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016).

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Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). · cites it 2× “§ 631.8(4). In the alternative, the court may separate the claims and try the small claims itself while transferring the others to the district court.”

Iowa Nat'l Mut. Ins. Co. v. Mitchell, 305 N.W.2d 724 (Iowa 1981). · cites it 4× “2 provides that except when transferred pursuant to section 631.8 from the small claims docket, “small claims may be tried by a judicial magistrate, a district associate judge, or a district judge.”

Wilson v. Iowa Dist. Court, 297 N.W.2d 223 (Iowa 1980). · cites it 4× “While section 631.8 authorizes transfer of a case among dockets, it contains no provision reverting a case tried by regular procedure to the status of a small claim depending upon the outcome of the case.”

Harris v. Jones, 476 N.W.2d 54 (Iowa 1991). · cites it 2× “See Iowa Code § 631.8 (2)(a). We conclude it was error for the district court to dismiss Harris’ suit.”

Nicole Adams v. Long Branch Maint. Corp. (Iowa Ct. App. 2020). · cites it 2× “See Iowa Code § 631.8 (4) (2016) (authorizing the entire proceeding to be tried in district court when a counterclaim is asserted in a small claims action that exceeds the jurisdictional limit of small claims).”

Elyse De Stefano v. Apts. Downtown, Inc. (Iowa 2016). “§ 631.8(4). In the alternative, the court may separate the claims and try the small claims itself while transferring the others to the district court.”

Amended July 26, 2016 Elyse De Stefano v. Apts. Downtown, Inc. (Iowa 2016). “§ 631.8(4). In the alternative, the court may separate the claims and try the small claims itself while transferring the others to the district court.”

Jasper Cnty. Sav. Bank v. Gilbert, 328 N.W.2d 287 (Iowa 1982). · cites it 2× “Iowa Code § 631.8 (4) (1981). By stipulation of counsel, it was agreed that the matter would be submitted to the district court upon the evidence contained in depositions of David Gilbert and Thomas J.”

— Iowa Code § 631.8(2) — 1 case

Iowa Nat'l Mut. Ins. Co. v. Mitchell, 305 N.W.2d 724 (Iowa 1981). “2 provides that except when transferred pursuant to section 631.8 from the small claims docket, “small claims may be tried by a judicial magistrate, a district associate judge, or a district judge.”

— Iowa Code § 631.8(4) — 4 cases

Elyse De Stefano v. Apts. Downtown, Inc., 879 N.W.2d 155 (Iowa 2016). “§ 631.8(4). In the alternative, the court may separate the claims and try the small claims itself while transferring the others to the district court.”

Wilson v. Iowa Dist. Court, 297 N.W.2d 223 (Iowa 1980). “While section 631.8 authorizes transfer of a case among dockets, it contains no provision reverting a case tried by regular procedure to the status of a small claim depending upon the outcome of the case.”

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