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Iowa R. Civ. P. 1.801

Grounds for change

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

On motion, the place of trial may be changed in the following

situations:

1.801(1) County. If the county where the case would be tried is a party, the motion is by an adverse

party, the issue is triable by a jury, and a jury has been demanded.

1.801(2) Interest of judge. Where the trial judge is directly interested in the action, or related by

consanguinity or affinity within the fourth degree to any party.

1.801(3) Prejudice or influence. If the trial judge or the inhabitants of the county are so prejudiced

against the moving party, or if an adverse party has such undue influence over the county’s inhabitants

that the movant cannot obtain a fair trial. The motion in such case shall be supported by affidavit of

the movant and three disinterested persons, none being the agent, servant, employee or attorney of

the movant, nor related to the movant by consanguinity or affinity within the fourth degree. The other

party shall have a reasonable time to file counter affidavits. Affiants may be examined pursuant to

rule 1.431(6).

1.801(4) Agreement. Pursuant to written agreement of the parties.

1.801(5) Fraud in contract. A defendant, respondent, or other party, sued in a county where the

party does not reside, on a written contract expressly performable in that county, who has filed a

sworn answer claiming fraud in the inception of said contract as a complete defense, may have the

case transferred to the county of that party’s residence. Within ten days after the transfer is ordered,

the defendant, respondent, or other party must file a bond in an amount fixed by the court, with

sureties approved by the clerk, for payment of all costs; and any judgment rendered against such

party shall include costs in a reasonable amount fixed by the court for expenses incurred by plaintiff

and plaintiff’s attorney by reason of the change.

History

[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]

Provenance

Source
www.legis.iowa.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
55853dbdcbb2d6a05095d426d1f464bd35cbef5efb33002042182abb5bc2a094
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Iowa R. Civ. P. 1.801 — Grounds for change · binding.law