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Rule 1.1012.Grounds for vacating or modifying judgment

Division X: Proceedings After Judgment · Last amended February 15, 2002 · Last verified July 15, 2026

In one sentenceRule 1.1012 lists six specific grounds — clerk error, fraud, errors involving a minor or incompetent party, a party's death before judgment, unavoidable casualty, and newly discovered evidence — on which a court may correct, vacate, or modify a final judgment or grant a new trial after a timely petition under rule 1.1013.

Full Text of Rule 1.1012

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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 any of the following 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.
(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.

Plain-English Summary

Most challenges to a judgment have to happen quickly, through a motion for new trial or an appeal. Rule 1.1012 covers a narrower, later-stage remedy: correcting, vacating, or modifying a final judgment or order, or granting a new trial, on a petition filed and noticed under rule 1.1013. It only works on one of six specific grounds, and the petition has to fit within one of them.

The first three grounds involve problems with how the judgment came about: mistake, neglect, or omission of the clerk; irregularity or fraud practiced in obtaining the judgment; and erroneous proceedings against a minor or a person of unsound mind, but only where those errors or that condition of mind don't appear in the record. The fourth ground covers a party who died before the judgment or order was entered, where the case proceeded to judgment without substituting a proper representative for that party.

The last two grounds look outward, at circumstances beyond anyone's control or beyond what a party could reasonably have found. Rule 1.1012(5) covers unavoidable casualty or misfortune that prevented a party from prosecuting or defending the case. Rule 1.1012(6) covers newly discovered material evidence — evidence that could not, with reasonable diligence, have been discovered and produced at trial, and that was not discovered within the time for moving for a new trial under rule 1.1004. Together, these grounds are meant for genuine gaps in the earlier proceeding, not a second chance to relitigate points already decided.

Frequently Asked Questions

Can I get a final judgment reopened just because I think the court got the law wrong?

No. Rule 1.1012 limits this remedy to six specific grounds — clerk mistake, fraud or irregularity in obtaining the judgment, errors involving a minor or person of unsound mind, a party's death before judgment without substitution, unavoidable casualty preventing a party from litigating, and newly discovered evidence. A disagreement with the court's legal ruling is not one of the listed grounds.

What if I discover new evidence after the trial that could have changed the outcome?

Rule 1.1012(6) allows relief for newly discovered material evidence, but only if it could not have been discovered and produced at trial with reasonable diligence, and was not discovered within the time allowed for moving for a new trial under rule 1.1004.

A party in the case died before judgment was entered, and no one was substituted for them. Does that affect the judgment?

Rule 1.1012(4) lists this as a ground for correcting, vacating, or modifying the judgment — the death of a party before entry of judgment, and entry of that judgment without substitution of a proper representative.

What does “unavoidable casualty or misfortune” mean under this rule?

Rule 1.1012(5) uses this phrase to cover circumstances beyond a party's control that prevented that party from prosecuting or defending the case, distinct from ordinary neglect or a simple missed deadline.

How do I bring one of these six grounds before the court?

Rule 1.1012 requires a timely petition and notice under rule 1.1013, which sets the filing fee, the one-year deadline, and the procedure for a petition raising any of these six grounds.

Source & verification. Rule text and the Comment are reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the Iowa Supreme Court. Last verified July 15, 2026. · Official source
Also known as: iowa vacate final judgment groundsnewly discovered evidence iowa judgmentrule 1.1012 iowa civil procedureclerk mistake vacate judgment iowaunavoidable casualty iowa new trial