Iowa Code

Iowa Code § 683.2 (2026)

Fees and costs awarded for prohibited actions

✓ current as of July 2026

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If a court finds that a party has brought an action under a theory of recovery described in section 683.1, subsection 2, the finding constitutes conclusive evidence that the action is groundless, and the court shall dismiss the claim or action and award to the defendant any reasonable attorney fee and costs incurred in defending the claim or action. 2021 Acts, ch 34, §2

Notes of Decisions

Cited in 3 cases, 1947–1951 · leading case: Swift v. Swift, 29 N.W.2d 535 (Iowa 1947).

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Swift v. Swift, 29 N.W.2d 535 (Iowa 1947). · cites it 4× “Plaintiff contends the trial court violated section 683.2, Code, 1946, which reads: *67 “The judgment shall not be vacated on motion or petition until it is adjudged there is a cause of action or defense to the action in which the judgment is rendered.”

Korsrud v. Korsrud, 45 N.W.2d 848 (Iowa 1951). · cites it 2× “The judgment was void and compliance by defendant and the court with Rules of Civil Procedure 252 and 253, and section 683.2, Code of Iowa, 1950, was not essential.”

Sefcik v. Sheker, 41 N.W.2d 709 (Iowa 1950). · cites it 2× “The respective arguments of the parties will appear as we proceed. We shall not follow their order of presentation however.”

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