Iowa Petition to Vacate a Judgment

Introduction

Key Things to Know

1. 1

   Iowa uses a petition, not an ordinary motion. Under rule 1.1012, upon timely petition and notice under rule 1.1013, the court may correct, vacate or modify a final judgment or order, or grant a new trial, on the grounds the rule lists. The court decides, so relief is never automatic.

2. 2

   Rule 1.1012 lists six grounds: (1) mistake, neglect or omission of the clerk; (2) irregularity or fraud practiced in obtaining it; (3) erroneous proceedings against a minor or person of unsound mind, when such errors or condition of mind do not appear in the record; (4) death of a party before entry of the judgment or order, and its entry without substitution of a proper representative; (5) unavoidable casualty or misfortune preventing the party from prosecuting or defending; and (6) material evidence, newly discovered, which could not with reasonable diligence have been discovered and produced at the trial, and was not discovered within the time for moving for new trial under rule 1.1004. The one-year limit in rule 1.1013(1) applies to every one of them. The petition must state the grounds for relief and, if it seeks a new trial, show they were not and could not have been discovered in time to proceed under rule 1.977 or 1.1004.

3. 3

   The petition must be filed and served in the original action within one year after the entry of the judgment or order involved. Both filing and service must happen inside that year, and the clock runs from entry, not from when you learned of the judgment.

4. 4

   Rule 1.1013(1) requires payment of the filing fee set in Iowa Code section 602.8105(1)(a), or in small claims the fee in section 631.6(1)(a). If the pleadings in the original action did not allege a meritorious action or defense, the petition must do so, and it must be supported by affidavit as provided in rule 1.413(3).

5. 5

   The petitioner must serve the adverse party with an original notice and petition in the manner provided in rules 1.301 through 1.315. The court shall promptly assign the petition for trial not less than 20 days after notice is served. The petition stands denied without answer and is tried, as nearly as may be, as an ordinary action to the court, with the same right of appeal.

6. 6

   Filing does not by itself stop enforcement. Under rule 1.1006, if the petition is timely filed, the court may, in its discretion and on such terms as it deems proper, stay further proceedings, executions or process to enforce the judgment pending disposition of the petition. If a stay is ordered and the judgment is affirmed, rule 1.1013(5) provides for an additional judgment against the petitioner for the costs of the trial and, in the court's discretion, damages not exceeding 10 percent of the judgment affirmed.

7. 7

   Default judgments also have an additional, shorter route under rule 1.977: the motion must be filed promptly after the discovery of the grounds, but not more than 60 days after entry of the judgment, and its filing does not affect the finality of the judgment. The rule 1.1012 petition, with its one-year limit, reaches a final judgment or order on its listed grounds. In small claims, Iowa Code section 631.12(2) says a defendant may move to set aside a default judgment in the manner provided in district court by rule 1.977; ask the small claims clerk about timing. For the default-specific test and steps, also see /legal-document/set-aside-default/iowa.

Iowa Requirements for Motion to Vacate

• Petition Under Rule 1.1012

  Iowa R. Civ. P. 1.1012: upon timely petition and notice under rule 1.1013, the court may correct, vacate or modify a final judgment or order, or grant a new trial, on the listed grounds.

• The Six Grounds

  Rule 1.1012(1)-(6): clerk's mistake, neglect or omission; irregularity or fraud in obtaining the judgment; erroneous proceedings against a minor or person of unsound mind; death of a party without substitution; unavoidable casualty or misfortune; or newly discovered material evidence that could not with reasonable diligence have been discovered and produced at the trial, and was not discovered within the time for moving for new trial under rule 1.1004. One year for each.

• One-Year Filing and Service

  Rule 1.1013(1): the petition must be filed and served in the original action within one year after the entry of the judgment or order involved.

• Filing Fee

  Rule 1.1013(1): a rule 1.1012 petition requires the filing fee in Iowa Code section 602.8105(1)(a), or in small claims the fee in section 631.6(1)(a).

• Meritorious Action or Defense and Affidavit

  Rule 1.1013(1): if the original pleadings did not allege a meritorious action or defense, the petition must do so, and it must be supported by affidavit as provided in rule 1.413(3).

• Original Notice and Trial

  Rule 1.1013(2)-(3): serve the adverse party with an original notice and petition as provided in rules 1.301 through 1.315. Trial is assigned not less than 20 days after notice is served; the petition stands denied without answer.

• Discretionary Stay and Its Cost

  Rule 1.1006: if the petition is timely filed, the court may, in its discretion, stay proceedings, executions or process to enforce the judgment pending the petition. If a stay is ordered and the judgment is affirmed, rule 1.1013(5) allows trial costs and, in the court's discretion, damages up to 10 percent of the judgment.

• Grounds Statement

  State the numbered rule 1.1012 ground, the facts supporting it and the date of entry. If a new trial is sought, show why the grounds could not have been discovered in time to proceed under rule 1.977 or 1.1004.