IA · rules
Iowa R. Civ. P. 1.270
Counterclaims
1.270(1) A defendant in an action brought by a class may plead as a counterclaim any claim the
court certifies as a class action against the plaintiff class. On leave of court, the defendant may plead
as a counterclaim a claim against a member of the class or a claim the court certifies as a class action
against a subclass.
1.270(2) Any counterclaim in an action brought by a plaintiff class must be asserted before notice
is given under rule 1.266.
1.270(3) If a judgment for money is recovered against a party on behalf of a class, the court
rendering judgment may stay distribution of any award or execution of any portion of a judgment
allocated to a member of the class against whom the losing party has pending an action in or out of
state for a judgment for money, and continue the stay so long as the losing party in the class action
pursues the pending action with reasonable diligence.
1.270(4) A defendant class may plead as a counterclaim any claim on behalf of the class that
the court certifies as a class action against the plaintiff. The court may certify as a class action a
counterclaim against the plaintiff on behalf of a subclass or permit a counterclaim by a member of
the class. The court shall order that notice of the counterclaim by the class, subclass, or member of
the class be given to the members of the class as the court directs, in the interest of justice.
1.270(5) A member of a class or subclass asserting a counterclaim shall be treated as a member
of a plaintiff class for the purpose of exclusion under rule 1.267.
1.270(6) The court’s refusal to allow, or the defendant’s failure to plead, a claim as a counterclaim
in a class action does not bar the defendant from asserting the claim in a subsequent action.
History
[Report 1980; November 9, 2001, effective February 15, 2002]
Provenance
- Source
- www.legis.iowa.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
b8b02753a82f18abf4d3f0448e53f48fca617abd25164ecd8ca430744fdf2986
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