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

        631.11  HEARING.
         1.  Informality.  The hearing shall be to the court, shall be
      simple and informal, and shall be conducted by the court itself,
      without regard to technicalities of procedure.
         2.  Evidence.  The court shall swear the parties and their
      witnesses, and examine them in such a way as to bring out the truth.
      The parties may participate, either personally or by attorney.  The
      court may continue the hearing from time to time and may amend new or
      amended pleadings, if justice requires.
         3.  Record.  Upon the trial, the judicial magistrate shall
      make detailed minutes of the testimony of each witness and append the
      exhibits or copies thereof to the record.  The proceedings upon trial
      shall not be reported by a certified court reporter, unless the party
      provides the reporter at such party's expense.  If the proceedings
      are not reported by a certified court reporter, the magistrate shall
      cause the proceedings upon trial to be recorded electronically, and
      both parties shall be notified in advance of that recording.  If the
      proceedings have been recorded electronically, the recording shall be
      retained under the jurisdiction of the magistrate unless appealed,
      and upon appeal shall be transcribed only by a person designated by
      the court under the supervision of the magistrate.
         4.  Judgment.  Judgment shall be rendered, based upon
      applicable law and upon a preponderance of the evidence.
         5.  Destruction of recordings.  Unless an appeal is taken, an
      electronic recording of a proceeding in small claims shall be
      retained until the time for appeal has expired as specified in
      section 631.13.  Thereafter, the magistrate may direct that the
      recording tape or other device be erased and used for subsequent
      recordings.  If the proceeding is appealed, the recording may be
      erased following entry of judgment by the district judge hearing the
      appeal.  
         Section History: Early Form
         [C73, 75, 77, 79, 81, § 631.11] 
         Section History: Recent Form
         2009 Acts, ch 75, §1

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