Iowa Code

Iowa Code § 633.447 (2026)

Trial and hearing

✓ current as of July 2026

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The trial of a claim and the offsets or counterclaims, if any, shall be to the court without a jury. However, the court may, in its discretion, either on its own motion or upon the motion of any party, submit the matter to a jury. In the event that the amount of the claim or a counterclaim exceeds the sum stated in section 631.1, subsection 1, either party shall be entitled to a jury trial, if a written demand is made as provided in the rules of civil procedure in relation to the trial of ordinary actions. [C51, §1360, 1362, 1366; R60, §2392, 2394, 2398; C73, §2411, 2415; C97, §3341, 3344; C24, 27, 31, 35, 39, §11963, 11966; C46, 50, 54, 58, 62, §635.59, 635.62; C66, 71, 73, 75, 77, 79, 81, §633.447] 2019 Acts, ch 59, §217; 2021 Acts, ch 23, §6 Referred to in §633.417, 633.432, 633.666 Demand for jury trial, see R.C.P. 1.902

Notes of Decisions

Cited in 2 cases, 1981–1989 · leading case: In the Matter of Est. of Gauch, 308 N.W.2d 88 (Iowa 1981).

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In the Matter of Est. of Gauch, 308 N.W.2d 88 (Iowa 1981). · cites it 2× “Regarding trial of claims, section 633.447 provides: The trial of a claim and offsets or counterclaims, if any, shall be to the court without a jury; provided, however, that the court may, in its discretion, either on its own motion or upon the motion of any party, submit the…”

Pierce v. Schlatter, 444 N.W.2d 502 (Iowa 1989). · cites it 2× “The statutory issue raised is whether Pierce’s request to impress a trust on the assets of the estate constituted a “claim,” as that term is used in Iowa Code section 633.447 (1987), which provides: The trial of a claim and the offsets or counterclaims, if any, shall be to the…”

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