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Iowa R. Civ. P. 1.270

Counterclaims

activein force · 2002-02-15 – presentact-effective-date

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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Iowa R. Civ. P. 1.270 — Counterclaims · binding.law