Rule 1.402.General rules of pleading

Rule 1.402(1) states the governing standard for every pleading in Iowa: form and sufficiency are judged by these rules, construed and enforced to secure a just, speedy, and inexpensive resolution of every controversy on its merits. From there, the rule pushes toward plain, workable pleading rather than formality for its own sake. Each averment must be simple, concise, and direct, with no technical form required. A party may plead two or more statements of a claim or defense in the alternative, or hypothetically, in one count or in separate counts, and the insufficiency of one alternative does not spoil another that would stand on its own. A party can also plead as many separate claims or defenses as it has, regardless of whether they are consistent with each other or rest on legal or equitable grounds — and motions, notably, are not “pleadings” as the rules use that word.

When a pleading turns prolix, confused, or improperly combines multiple matters, Rule 1.402(3) lets the court, on its own motion or a party's, order it recast into a concise single document within a set time, and it can likewise order any noncomplying pleading corrected on whatever terms it sets.

Amendment is where this rule does its heaviest lifting. A party may amend a pleading once as a matter of course, at any time before a responsive pleading is served, or, if no responsive pleading is required and the case has not yet reached the trial calendar, within 20 days after the pleading was served. Beyond that window, amendment requires either leave of court or the adverse party's written consent, but leave — including leave to amend to conform to the proof — must be freely given when justice requires it. Every amendment goes on a separate paper, duly filed, without interlining or striking the earlier pleading. And when the claim or defense in the amended pleading arises out of the same conduct, transaction, or occurrence already set out or attempted in the original pleading, the amendment relates back to the date of that original pleading — a rule that also reaches amendments adding a new party, so long as that party received timely notice of the action, will not be prejudiced in defending on the merits, and knew or should have known the action would have named it but for a mistake about identity.