Rule 1.1013.Procedure for vacating or modifying judgment

Rule 1.1012 lists the grounds for correcting, vacating, or modifying a final judgment; rule 1.1013 spells out how to bring that petition. It requires payment of the standard filing fee under Iowa Code section 602.8105(1)(a), or the small claims fee under section 631.6(1)(a) where applicable, and the petition must be filed and served in the original action within one year after entry of the judgment or order at issue. The petition must state the grounds for relief and, if it seeks a new trial, show that those grounds could not have been discovered in time to proceed under rule 1.977 or rule 1.1004. If the original pleadings did not already allege a meritorious claim or defense, the petition has to do that as well, and it must be supported by affidavit under rule 1.413(3).

Notice runs through the same channels as an original action — rule 1.1013(2) requires serving the adverse party with an original notice and petition under rules 1.301 through 1.315. Once that's done, rule 1.1013(3) requires the court to promptly assign the petition for trial, at least 20 days after notice is served. If no answer is filed, the petition stands denied; otherwise, the issues, pleadings, and form of trial follow the pattern of an ordinary action tried to the court, with the same right of appeal, and no new claim can be introduced along the way.

Rule 1.1013(4) gives the court a practical option: it can try and decide whether the grounds to vacate or modify are valid before it ever reaches the merits of the underlying claim or defense. That can save everyone the expense of relitigating the whole case if the threshold grounds don't hold up. Rule 1.1013(5) adds a real cost to petitions that fail: if the original judgment is affirmed after a stay under rule 1.1006, the petitioner faces an additional judgment for the costs of the trial, and the court may also award damages of up to 10 percent of the amount of the affirmed judgment.