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IA · rules

Iowa R. Civ. P. 1.1402

Procedure

activein force · 2009-01-01 – presentact-effective-date

1.1402(1) Title. The petition shall be captioned in the name of the petitioner as plaintiff, against

the inferior tribunal, board or officer as defendant.

1.1402(2) Nature of proceeding. The action shall be by ordinary proceedings, so far as applicable.

1.1402(3) Time for filing. The petition must be filed within 30 days from the time the tribunal,

board or officer exceeded its jurisdiction or otherwise acted illegally. An extension of such time,

however, may be allowed by the reviewing court upon a showing that failure to file the petition within

the time provided was due to a failure of the tribunal, board or officer to notify the petitioner of the

challenged decision. Any motion for extension of time shall be filed with the clerk of the court in

which the writ of certiorari is sought within 90 days of the challenged decision. The motion and any

resistance may be supported by copies of relevant portions of the record of the proceedings being

challenged, and by affidavits, and no other form of evidence will be received.

History

[Report 1943; amendment 1973; amended July 18, 1984, effective September 17, 1984; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002; October 31, 2008, effective January 1, 2009]

Provenance

Source
www.legis.iowa.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
04ab49c852a60fa5b235c0b4efdbbcf879e9ad3971103e3a3d5b66ef56ae4eff
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Iowa R. Civ. P. 1.1402 — Procedure · binding.law