2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 3 - Civil Procedure
CHAPTER 631 - SMALL CLAIMS
631.8 - PROCEDURE.

        631.8  PROCEDURE.
         1.  Small claims not determined within ninety days following the
      expiration of any period of continuance or following the last entry
      placed on the record for that action shall be dismissed by the clerk
      without prejudice.
         2.  In small claims actions, if a party joins a small claim with
      one which is not a small claim, the court shall:
         a.  Order the small claim to be heard under this chapter and
      dismiss the other claim without prejudice, or
         b.  As to parties who have appeared or are existing parties,
      either (1) order the small claim to be heard under this chapter and
      the other claim to be tried by regular procedure or (2) order both
      claims to be tried by regular procedure.
         3.  If commenced as a regular civil action or under the statutes
      relating to probate proceedings, a small claim shall be transferred
      to the small claims docket.  A small claim commenced as a regular
      action shall not be dismissed but shall be transferred to the small
      claims docket.  Civil and probate actions not small claims but
      commenced hereunder shall be dismissed without prejudice except for
      defendants who have appeared, as to whom such actions shall be
      transferred to the combination or probate docket, as appropriate.
         4.  In small claims actions, a counterclaim, cross claim, or
      intervention in a greater amount than that of a small claim shall be
      in the form of a regular pleading.  A copy shall be filed for each
      existing party.  New parties, when permitted by order, may be brought
      in under rule of civil procedure 1.246 and shall be given notice
      under the rules of civil procedure pertaining to commencement of
      actions.  The court shall either order such counterclaim, cross
      claim, or intervention to be tried by regular procedure and the other
      claim to be heard under this division, or order the entire action to
      be tried by regular procedure.
         5.  In regular action, when a party joins a small claim with one
      which is not a small claim, regular procedure shall apply to both
      unless the court transfers the small claim to the small claims docket
      for hearing under this division.
         6.  In regular actions, a counterclaim, cross claim, or
      intervention in the amount of a small claim shall be pleaded, tried,
      and determined by regular procedure, unless the court transfers the
      small claim to the small claims docket for hearing under this
      division.
         7.  Pleadings which are not in correct form under this section
      shall be ordered amended so as to be in correct form; but a small
      claim which is proceeding under this chapter need not be amended
      although in the form of a regular pleading.
         8.  Copies of any papers filed by the parties which are not
      required to be served, shall be mailed or delivered by the clerk as
      provided in rule of civil procedure 1.442.  

         [C73, § 631.2, 631.8; C75, 77, 79, 81, § 631.8]
         Referred to in § 631.2, 631.7