This form is a sample order granting the defendant's motion for summary judgment dismissing the plaintiff's cause of action with prejudice.
Iowa Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice
State:
Multi-State
Control #:
US-PI-0272
Format:
Word;
Rich Text
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FAQ
A dismissal with prejudice means that the ruling is the final judgment in the case. The dismissal prohibits the prosecutor from refiling the charges. In a dismissal without prejudice, the prosecutor can refile the charges (or file new charges based on the same circumstances) at some future time.
Reasons for dismissal without prejudice The parties came to an agreement and the plaintiff wants to end the case. The person the plaintiff sued paid you the money he or she owed you. The plaintiff cannot locate the defendant to serve him or her, but wants to reserve the right to sue at a later date.
A party's motion for review of the action of a single justice or senior judge shall be filed within 10 days after the date of filing of the challenged order.
Rule 1.303 - Time for motion or answer to petition 1. 303(1) Unless otherwise provided, the defendant, respondent, or other party shall serve, and within a reasonable time thereafter file, a motion or answer within 20 days after the service of the original notice and petition upon such party.
A plaintiff's right to dismiss a petition without prejudice to a future action has been the law since the founding of this state. The Iowa Code of 1851 provided that a party may dismiss a case ?at any time before the jury return with their verdict.? Iowa Code § 1803 (1851).
Each party may file no more than one motion for summary judgment under rule 1.981. The motion may include more than one ground authorized under rule 1.281(3)(b)(1). (3) Deadline. Motions for summary judgment under rule 1.981 must be filed no later than 90 days before trial.
Rule 6.101 - Time for appealing final orders and judgments appealable as a matter of right (1)Time for filing a notice of appeal from final orders and judgments. a. Termination-of parental-rights and child-in-need-of assistance cases under Iowa Code chapter 232.
In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.
