Rule 1.1010.Conditional new trial

Sometimes a court believes a new trial is warranted only because the verdict amount was too high or too low — not because anything else went wrong. Rule 1.1010(1) gives the district court a middle path: instead of ordering a full new trial under rule 1.1003 or rule 1.1004, the court can let a party avoid that outcome by agreeing to terms or conditions the court imposes, with the agreement made of record and judgment entered accordingly.

When the condition is a choice between accepting a reduced, modified, or increased judgment amount and going through a new trial, rule 1.1010(2) sets a hard deadline for making that choice, and the deadline depends on who imposed the condition. If the district court imposed it, the party must file a written consent to the adjusted judgment with the clerk on or before seven days before the deadline for taking an appeal under Iowa R. App. P. 6.101. If an appellate court imposed it, the party has 30 days after procedendo is filed with the district court. Miss either deadline, and the rule treats the new trial as ordered automatically — no separate motion or order is needed.

Rule 1.1010(3) protects the parties if the case still ends up on appeal: any term, condition, or judgment entered under this rule by the district court is deemed of no force and effect once an appeal is taken, and the original judgment entered under rule 1.955 is deemed reinstated. That keeps a conditional adjustment from freezing in place while an appellate court is reviewing the underlying case.