Martindale- Hubbell® Law Digest

MARTINDALE- HUBBELL® LAW DIGEST

IOWA

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Welcome to the 2008 edition of the Martindale-Hubbell Law Digest. The Law Digest continues to evolve and access to this valuable content is now available in four media: CD ROM; Print on Demand (via amazon.com/lawdigest); online via subscription to lexis.com; and online via martindale.com. Each service offers vastly different features to best suit the need of the user. CD ROM Law firms that subscribe to the Martindale-Hubbell Law Directory automatically receive a copy of the Law Digest on CD, which was launched with the 2006 edition. If you are not a subscriber and wish to order the CD, a powerful research tool, you may call our Customer Relations Team at 800-526-4902, extension 8001. Single use and network versions are also available.

Print-on-Demand With this service, the legal community and the public at large can order printed copies of individual digests (e.g., states, countries) that interest them by visiting amazon.com. Simply search amazon.com in this manner: “Alabama Law Digest” or “Canada Law Digest” or go to amazon.com/lawdigest. You will be able to customize your order by title and by number of copies. The cost for this service is $24.95 per copy plus the applicable tax and shipping and handling. The books can be shipped to you as quickly as two days.

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Content of Law Digest This invaluable compendium, now in its 140th year, provides summaries or “digests” of the laws of 151 jurisdictions. In sum, the 2008 edition contains: 57 digests of U.S. States, Territories, and Federal Codes; eleven digests of Canadian Provinces and the Canadian Federal Code; 81 leading trading nations outside of the U.S. and Canada (this figure includes the European Union); and two specialty digests of the U.S. Uniform and Model Acts, and Selected International Conventions. Note: These two specialty digests are included on the CD ROM, Lexis Online, and martindale.com, but are not available in the Print-on-Demand service. The inclusion of U.S. Uniform and Model Acts on the CD ROM is critical to the legal researcher because they have formed the basis of so much of the statutory law of many states. Also included here are the Uniform Commercial Code, the Uniform Probate Code, and the Revised Model Business Corporation Act. The Selected International Conventions set forth the texts of those conventions to which the U.S. is a party. Annotations are included. The Law Digest is the first place to look to find the law on the most important topics in jurisdictions world- wide. The Law Digest summarizes the breadth of statutory law that applies to significant areas of legal practice, for example business regulation, tax, and law related to cross border transactions and matters. General background information is provided to help understand the structure of the different governmental and legal systems in various jurisdictions. The Law Digest is updated annually by pre-eminent law firms, leading legal scholars and other content experts. Web sites are listed to provide further information and access to legal resources to make certain that users get to the next step in their search for relevant information. Further practical information is presented such as normal office hours and national holidays.

V FOREWORD — continued

Arrangement of Law Digest The digests are arranged by a standard taxonomy of Categories, Topics, and Sub-headings. This uniform arrangement of the material, supported by abundant citations, presents the laws in a predictable and accessible manner. To obtain the maximum benefit from the digests, the user should become familiar with the Topical Index included in the prefatory material. This index, which interfiles thousands of legal subjects and cross references, is a powerful research and reference aid. Attention is directed to the numerous forms of instruments preferred by local usage which appear throughout the digests under the appropriate topics, e.g., forms of acknowledgment under the topic “Acknowledgments,” sub-head “Forms.” Notice Changes to law may occur after production which can only be reflected in subsequent editions. Accordingly, it is suggested that local counsel be consulted as to the current law applicable to a particular situation. Acknowledgments I wish to extend a note of thanks to our Revisers and their knowledgeable staffs and colleagues, and our consulting Law Editors: Professor Michael J. Zimmer of Seton Hall University School of Law and Dr. John J. A. Burke, Professor, Riga International School of Economics and Business Administration, Riga, Latvia. Further, I would like to recognize the hard work of our Editorial staff: Padi Sinegra and Sandy Sauchelli, Senior Editors; and Wesley Barter, Assistant Managing Editor. Without their dedication, professionalism, and personal sacrifice, no work of this scope and quality could be achieved.

As always, I look forward to your suggestions for future Law Digest improvements and inclusions.

Thank you for your continued support.

Stephen L. Torpie Senior Managing Editor

VI LEGAL ADVISORY BOARD The Advisory Board's mission is to ensure that LexisNexis and Martindale-Hubbell are responsive to the constantly changing needs of the legal profession. In response to these needs, the Board entertains new strategies and concepts developed by the company, and provides impartial and candid points of view. The following lawyers selected from the private, corporate, academic and international sectors of the profession comprise the 2007-2008 Board.

DENNIS W. ARCHER of Dickinson Wright PLLC; Detroit, Michigan. Mr. was the Founder of the Federal Circuit Bar Association, a co-founder of the Archer is the former Mayor of the City of Detroit, (1994-2001) and a former U.S. Court of Federal Claims Bar Association, and a co-founder of the ITC Associate Justice of the Michigan Supreme Court (1986-1990). He is the past Trial Lawyers Association. He has been a Member of the Advisory Council of President of the Wolverine Bar Association, the National Bar Association and the United States Court of Federal Claims. He was formerly a member of the the State Bar of Michigan. Mr. Archer is the past President of the National House of Delegates of the American Bar Association, and Chairman of the League of Cities, past President of the National Conference of Democratic Patent Division and Member of Council of the Section of Intellectual Property Mayors and a past member of the Board of Trustees of the United States Law of the American Bar Association. Conference of Mayors and Board of Directors of the National Conference of Black Mayors. He currently serves on the American Bar Association’s Board of PATRICK E. HOBBS, Dean of Seton Hall University School of Law, first Governors. He was President of the American Bar Association-August 2002 to joined the faculty of Seton Hall in 1990. He teaches in the area of taxation and August 2003, the first person of color to be so honored. He also serves as has taught Federal Income Taxation, Corporate Taxation and Business Chairman of Dickinson Wright PLLC. Planning, and Law and Literature. In 1995, he became the Associate Dean for Finance. In 1999, he became the Law School's seventh Dean. Dean Hobbs MARTHA W. BARNETT of Holland & Knight, LLP, Tallahassee, Florida. Ms. graduated magna cum laude from Seton Hall University with a B.S. in Barnett is a former Chair of the House of Delegates of the American Bar Accounting. He received his J.D. from the University of North Carolina at Association, the first woman lawyer to be so honored, and has served on the Chapel Hill, and earned his LL.M. from New York University. Dean Hobbs was ABA’s Board of Governors. She was elected President of the American Bar recently appointed a Commissioner on the New Jersey State Commission of Association, serving as such from July 2000 to August 2001. Ms. Barnett now Investigation by former Governor James McGreevy. He has chaired the serves as Chair of Holland & Knight. American Bar Association, Section of Legal Education and Admissions to the Bar, Law School Development Committee since 2002, and was also recently ROBERT H. BERNSTEIN joined Reed Smith in January 2005. Mr. Bernstein appointed to serve on the American Bar Association Standards Review heads the Firm's Labor & Employment Global Marketing Team, strengthening Committee. He also serves as a member of the boards of the Newark Alliance, the Firm’s offering to its national and international corporate clients. During the LexisNexis, Newark Beth Israel Medical Center, the New Jersey Commission past 23 years, Mr. Bernstein has developed an extensive labor and employment of Professionalism, and the New Jersey Institute for Continuing Legal practice, exclusively representing multinational and domestic corporations Education. In 2004, he served as Chair of the Newark, New Jersey Mayor's nationwide, with an emphasis in employment litigation. Mr. Bernstein lectures Blue Ribbon Commission on the Downtown Core Redevelopment. and writes extensively throughout the United States and overseas concerning a wide array of employment law issues. In 1982, Mr. Bernstein earned his J.D. THOMAS J. KLITGAARD of Dillingham & Murphy, L.L.P., in San Francisco, from Georgetown University Law Center; in 1979, he received his B.S.F.S., California, teaches Asian Legal Systems at the University of San Francisco with distinction, from the Georgetown University School of Foreign Service. School of Law. He is a Director of the San Francisco-Shanghai Sister City Mr. Bernstein is admitted to the New Jersey Bar, the U.S. Court of Appeals for Committee which has had nearly 200 business, cultural, and public works the Third Circuit, and the U.S. District Court for the District of New Jersey. He projects with the Shanghai Municipal Government over the past 25 years. Tom is a member of the Labor Law Section and Litigation Section of the American is also the current Chair of the Institute for Law and Technology at the Center Bar Association. for American and International Law in Plano, Texas. He is currently a member of the international arbitration panels of the American Arbitration Association BENJAMIN R. CIVILETTI is a partner of Venable, LLP in Washington, D.C. and the Hong Kong International Arbitration Centre and is on the mediation and Baltimore, Maryland. Mr. Civiletti is a former Attorney General of the panel of the American Arbitration Association. Tom is a former Senior Vice United States under President Carter, 1979-1981. He is the former Chairman of President and General Counsel of Tandem Computers Incorporated and Sega of the ABA Litigation Section and has been a member of the ABA House of America, Inc., and a former law clerk of Supreme Court Justice William O. Delegates since 1991. He also serves as the ABA Representative to the United Douglas. He is a graduate of the Monterey Institute of International Studies Nations. He is the former Chairman of Venable. Mr. Civiletti is a Fellow of the Training for Service Abroad Program in the Chinese language. He practices in American College of Trial Lawyers and the American Law Institute. the areas of patent litigation, intellectual property, and Asian and American corporate law. THOMAS R. CURTIN of Graham, Curtin & Sheridan, A Professional Association, Morristown, New Jersey. Mr. Curtin is a Life Fellow of the RALPH I. LANCASTER, JR. of Pierce Atwood, LLP Portland, Maine has American Bar Foundation. He is a past President of the Morris County Bar served as Independent Counsel, In Re Herman, by appointment of the Special Association (1978-1979), the New Jersey State Bar Foundation (1986-1988), Division of the D.C. Court of Appeals. He previously served as Counsel for the the New Jersey State Bar Association (1993-1994), and the Notre Dame Law United States before the International Court of Justice in a case concerning Association (2000-2001). He is a former Chairman of the New Jersey delimitation of the Maritime Boundary in the Gulf of Maine and as Special Commission on Professionalism in the Law (1996-1998). He is a member of Master by appointment of the United States Supreme Court in State of New the American Bar Association House of Delegates, serving as the New Jersey Jersey vs. State of Nebraska and again as Special Master in State of Virginia vs. State Delegate, and the Sports Lawyers Association. He is currently a member State of Maryland. He is currently serving as Special Master in State of New of the Notre Dame Law School Advisory Council and has been on the Board of Jersey vs. State of Delaware. Mr. Lancaster began his legal career as a law clerk Directors for the National Football Foundation and College Hall of Fame since to the Honorable Edward T. Gignoux. He is a Past-President of the Maine State 2002. Bar Association and a former member of the House of Delegates of the American Bar Association. He served as Chair of the Standing Committee on THOMAS G. HEINTZMAN, O.C., Q.C., is a trial and appellate counsel Federal Judiciary of the ABA. He is a Fellow of the American College of Trial practicing with the law firm of McCarthy Tétrault, Toronto, Ontario. He is a Lawyers and served as its President, 1989-1990. He is actively engaged in civil Bencher of the Law Society of Upper Canada, an Officer of the Order of and criminal trial practice. Canada and a past President of the Canadian Bar Association. Mr. Heintzman is a Fellow of the International Academy of Trial Lawyers, and the American J. ALLEN MAINES of Paul Hastings Janofsky & Walker LLP concentrates on College of Trial Lawyers and the Co-Chair of its Special Problems in the domestic and international corporate counseling, cross-border corporate Administration of Justice (Canada) Committee. governance issues and internal investigations, and securities and intellectual property litigation. He has served as Chairman of his firm’s Securities DOUGLAS B. HENDERSON is the Founding and Senior Partner of Finnegan, Litigation Practice and Litigation Department, and has published and spoken Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C. Mr. Henderson extensively on securities, corporate governance and intellectual property VII LEGAL ADVISORY BOARD — continued issues. Mr. Maines is a faculty member for both the National Institute for Trial woman to lead a Texas firm of that size. In 1985, Ms. Miers was selected as the Advocacy and the National Association of Corporate Directors. He began his first woman to become President of the Dallas Bar Association. In 1992, she law career as the law clerk for James Wm. Moore, Sterling Professor of Law at became the first woman elected President of the State Bar of Texas. Ms. Miers Yale University, author of Moore’s Federal Practice and editor-in-chief of served as the President of the State Bar of Texas from 1992 to 1993. Ms. Miers Collier on Bankruptcy. He received his J.D. degree, with honors, in 1976 from has served as Counsel to the President since February 2005. In this role, she has the University of Florida, where he was executive editor of the Florida Law served as the top lawyer to the President and the White House, and in particular Review, and graduated magna cum laude from Taylor University in 1973. Mr. has been the principal advisor of judicial nominations. Ms. Miers’ professional Maines serves on the Board of Directors for the March of Dimes, Earth Share, accomplishments have been recognized time and time again. The Animal Health Trust, the Socionomics Foundation, several for profit entities, and a state university’s Center for Corporate Governance. WILLIAM G. PAUL of Crowe & Dunlevy, A Professional Corporation, Oklahoma City, Oklahoma. Mr. Paul is the former Senior Vice President & KAREN J. MATHIS, a partner in the Denver office of McElroy, Deutsch, General Counsel, Phillips Petroleum Company, Bartlesville, Oklahoma. In Mulvaney & Carpenter, LLP, is the president of the American Bar Association. 1999, he was elected President of the American Bar Association, to serve as She will serve as president for a one-year term, which begins in August 2006 such from August 1999 to July 2000. He has served as President for both the at the adjournment of the association’s Annual Meeting in Honolulu. Mathis is Oklahoma State Bar Association and National Conference of Bar Presidents. a business, commercial and estate planning lawyer with more than 30 years’ Mr. Paul has been a Member of the American Bar Association, House of experience. An active member of the ABA for almost 30 years, Mathis served Delegates since 1975 and is a Fellow in the American College of Trial Lawyers. as the association’s second highest elected officer, chair of its House of Delegates, from August 2000 until August 2002. She is the third woman to FERNANDO POMBO, Founder and Senior Partner of Gomez-Acebo & serve as an ABA president, and the first president from Colorado. She has Pombo, Madrid, Spain, has contributed to and authored several publications in served as a member of the House of Delegates since 1982. Mathis is also a the field of international business law. Currently, he is President of the member of the ABA Board of Governors, and has served on its Executive International Bar Association (2007-2009). Mr. Pombo has been a visiting Committee, Operations Committee and Program and Planning Committee. professor at the Institute on International Legal Studies in Salzburg, Austria Mathis’s extensive ABA involvement includes leadership of numerous ABA since 1985. He is also a former President of LES International and a member entities. She served as chair of the 30,000-member General Practice, Solo and of the Spanish Arbitration Court. He is fluent in Spanish, English, French and Small Firm Section (now a Division) in 2002 to 2003; as chair of the German. Commission on Women in the Profession from 1997 to 2000; and as chair of the Standing Committee on Membership from 1994 to 1997. Mathis has also been active in the Denver Bar Association and Colorado Bar Association for WM. REECE SMITH, JR. of Tampa, Florida, is the senior member of Carlton, many years. She has held offices in the Young Lawyers Section of both bar Fields, P.A. A Rhodes Scholar at Oxford University, England, he was later associations, and served as vice president of the CBA from 1992-1993. President of The Florida Bar (1972-73), the American Bar Association (1980- 81), and the International Bar Association (1988-90). He is a Fellow of the American College of Trial Lawyers and the International Academy of Trial JERALYN E. MERRITT is a criminal defense lawyer in private practice in Lawyers and serves on the Council of the American Law Institute. He received Colorado. Her practice is limited to criminal defense and related forfeitures, the American Bar Association's Gold Medal for “exceptionally distinguished with an emphasis on complex federal drug and white collar crimes. Ms. Merritt service to the cause of American Jurisprudence.” served as Treasurer and Secretary and on the Board of Directors of the National Association of Criminal Defense Lawyers, from 1996 through 2004. She was a member of the governing council of the American Bar Association's Criminal TOMASZ WARDYNSKI, Polish adwokat and Founding Partner and President Justice Section from 2000 through 2004. She is an elected fellow of the of Wardynski & Partners is a member of the Polish Business Council, the American Board of Criminal Lawyers and a past member of its Board of European Circuit of England and Wales, and the Garrick Club. He is a specialist Governors. Ms. Merritt has testified before both Congress and the United in international project financing, privatization and restructuring of state- States Sentencing Commission on drug sentencing laws. She is the co-author of owned enterprises. He is a member of the Polish Bar Association and a former a text on the Patriot Act, published by Lexis Publishing. She lectures nationally chairman of its Foreign Committee (1988-92). In 1991-96 he was a member of on a variety of criminal defense topics, and since 1996, has provided insightful the Advisory Council on Privatisation to the Prime Minister of Poland. He is a legal analysis for MSNBC, Fox News, CNN, Court TV and other television and former member of the Supervisory Board of the Polish Development Bank. radio networks. From 2000 to 2003, she was a Lecturer-In-Law at Denver Since 1986 Tomasz Wardynski has been an honorary legal advisor to her University's College of Law teaching "Wrongful Convictions" and "Criminal Britannic Majesty’s Ambassador in Poland. He is a visiting scholar at the Defense." In 1996 and 1997, she served as one of the principal trial lawyers for American Bar Foundation as well as an Honorary Commander of the Civil Timothy McVeigh in the Oklahoma City Bombing Case. She is the founder and Division of the Most Excellent Order of the British Empire. Tomasz Wardynski creator of two award winning websites, CrimeLynx.com, and TalkLeft: The is a member of the Polish-British Legal Association, a member of the Politics of Crime (TalkLeft.com), a weblog for legal professionals, journalists International Bar Association, a member of the European Circuit of England and the public. and Wales, and a member of the Garrick Club.

HARRIET MIERS serves as Counsel to the President. Most recently, she WALTER H. WHITE, JR. is a Partner in Grundberg Mocatta Rakison LLP served as Assistant to the President and Deputy Chief of Staff, and prior to that (GMR), where his practice concentrates on cross-border securities law and she was Assistant to the President and Staff Secretary. Before joining the emerging markets investment activities. He was the Founding Partner of White President’s staff, she was Co-Managing Partner at Locke Liddell & Sapp, LLP and Jones LLP, London, England, which merged with GMR in 2006. Mr. White from 1998-2000. She had worked at the Locke Purnell Rain & Harrell firm, or previously has served as a Partner and Managing Director of Steptoe & its predecessor, from 1972 until its merger with the Liddell Sapp firm. From Johnson International. Mr. White is a former Commissioner of Securities for 1995 until 2000, she was chair of the Texas Lottery Commission. In 1992, the State of Wisconsin 1988-1991. He currently serves on the boards of the Harriet became the first woman president of the Texas State Bar, and in 1985 ABA Center for Human Rights and the Center for Rule of Law Initiatives; he she became the first woman president of the Dallas Bar Association. She also has previously served as a member of the executive committee of the ABA served as Member-At-Large on the Dallas City Council. Ms. Miers had a Board of Governors in the House of Delegates, as the Chair of ABA Africa, as distinguished career as a trial litigator, representing such clients as Microsoft, the Chair of the Section of Individual Rights and Responsibilities, and also as Walt Disney Co. and SunGard Data Systems Inc. Moreover, when she left her Chair of the Young Lawyers Division. Mr. White has also been a member of the law firm of Locke Liddell & Sapp, Ms. Miers was serving as Co-Managing State Bar of Wisconsin Board of Governors, on the board of the Milwaukee Partner of the firm which had more than 400 lawyers. In 1972, Ms. Miers Foundation and as a board member of the Central-Asian-American Enterprise became the first woman hired at Dallas’s Locke Purnell Rain Harrell. In March Fund by appointment of former President Clinton. He also currently serves as 1996, her colleagues elected her the first female president of Locke Purnell a Trustee of Hampshire College and a Director of Church Mutual Insurance Rain & Harrell, at that time a firm of about 200 lawyers. She was the first Company.

VIII Topical Index

The body of law suitable for presentation in the Martindale-Hubbell Law Digests of the states of the United States, the District of Columbia, Puerto Rico and the Virgin Islands has been classified under a system of categories and topics, that are uniform in these Digests. The same classification system is followed, as closely as cultural conditions permit, in the International Section of the Law Digests.

The components of this classification system follow a hierarchy of: Category; Topic; Sub-heading; Catchline. The table of contents before each digest shows only the Categories and the Topics, which are the heart of the classification system. Please note that the Categories are arranged alphabetically in each digest except for the ‘Introduction’ Category which always comes first. Here is an example of the classification hierarchy showing all components noted above:

DOCUMENTS AND RECORDS (Category: 12 pt, bold, all caps) ACKNOWLEDGMENTS (Topic: 7 pt, bold, all caps) What Persons May Take.— (Sub-heading: 7 pt) Within State.— Outside State But Within United States.— (Catchlines: 7 pt. italics) Outside United States.— }

The digests often make cross references to another Topic within the instant Category, or to another Category and Topic entirely. Here is an example of two such cross references that may be found under the Category ESTATES AND TRUSTS:

ALLOWANCES: See topic Descent and Distribution.

In this first example, the Topic ‘Descent and Distribution’ is also under the Category ESTATES AND TRUSTS.

CLAIMS: See topic Executors and Administrators; category Civil Actions and Procedure, topic Pleading; and category Dispute Resolution, topic Arbitration and Award.

In this second example, the Topic ‘Executors and Administrators’ is also under the Category ‘Estates & Trusts’. The subsequent references however are to differenct Categories entirely.

This Topical Index inter-files all the Categories and Topics used in the Law Digests, and the more commonly used Sub-headings into a unified index. The user may then identify all major classification entities, and how they reference one another. Forms of many instruments will be found under the appropriate topics. For example, forms of acknowledgment under Category ‘Documents and Records’, Topic ‘Acknowledgments’, Sub-head ‘Forms’. United States Uniform and Model Acts (promulgated by the National Conference of Commissioners on Uniform State Laws [NCCUSL]) in effect in a given jurisdiction, are listed in each Digest under the Category ‘Courts and Legislature’, Topic ‘Statutes’, Sub-heading ‘Uniform Acts’. If the law summarized under a specific Topic is governed in large part by a Uniform Act - without substantial local deviations - reference to that Act will also be made under the specific Topic affected. For example, if the Uniform Commercial Code governs a particular subject, this is stated, and the reader referred to the Category ‘Business Regulation and Commerce’, Topic ‘Commercial Code’. Please note that uniform acts not promulgated by NCCUSL are covered under the relevant Categories.

Texts of Selected United States Uniform and Model Acts within the scope of the Martindale-Hubbell Law Digests are supplied in full. See the table of contents.

Abandonment, see category Family, topics Divorce, Husband and Wife. Mortgages of Real Property; Property, topics Deeds, Landlord and Tenant. Abatement, see category Civil Actions and Procedure, topic Actions. ACTIONS.—See category Civil Actions and Procedure; see also topics Appeal and Absconding debtors, see category Debtor and Creditor, topic Attachment. Error, Certiorari, Judgments, Limitation of Actions, Submission of Controversy, Absent defendants, see category Civil Actions and Procedure, topic Process. Pleading, Practice, Process, Venue; Courts and Legislature, topic Courts; Debtor and ABSENTEES.—See category Property; see also categories Business Organizations, Creditor, topics Attachment, Receivers; Employment, topic Labor Relations; Estates topic Corporations; Civil Actions and Procedure, topics Costs, Limitation of Actions, and Trusts, topics Death, Executors and Administrators; Family, topics Divorce, Process, Venue; Debtor and Creditor, topic Attachment; Estates and Trusts, topics Guardian and Ward, Infants, Marriage. For Declaratory Judgments, see category Civil Death, Executors and Administrators; Family, topic Guardian and Ward. Actions and Procedure, topic Judgments. Accidents, see category Transportation, topic Motor Vehicles. Adjudication, see category Civil Actions and Procedure, topic Judgments. ACCORD AND SATISFACTION.—See category Civil Actions and Procedure. ADMINISTRATION. —See categories Estates and Trusts, topic Executors and Accounts, see categories Business Regulation and Commerce, topic Banks and Administrators; Taxation. Banking; Estates and Trusts, topic Executors and Administrators; Family, topic Administration, when unnecessary, see category Estates and Trusts, topic Executors Guardian and Ward. and Administrators. Accounts Receivable, see category Debtor and Creditor, topic Assignments. Admission, demand for, see category Civil Actions and Procedure, topic Practice. Accumulations, see categories Estates and Trusts, topic Trusts; Property, topic Admission to bar, see category Legal Profession, topic Attorneys and Counselors. Perpetuities. ADOPTION.—See category Family. ACKNOWLEDGMENTS.—See category Documents and Records, see also topics Adultery, see category Family, topic Divorce. Affidavits, Notaries Public; categories Business Regulation and Commerce, topic Advancements, see category Estates and Trusts, topic Descent and Distribution. Sales; Debtor and Creditor, topic Assignments; Mortgages, topics Chattel Mortgages, ADVERSE POSSESSION.—See category Property; see also category Civil Actions

IX and Procedure, topic Limitation of Actions. Attestation, see category Estates and Trusts, topic Wills. Affidavit of defense, see category Civil Actions and Procedure, topic Pleading. Attorney ethics, see category Legal Profession, topic Attorneys and Counselors. AFFIDAVITS.—See category Documents and Records; see also topic Attorney fee clauses, see category Business Regulation and Commerce, topic Bills and Acknowledgments; categories Civil Actions and Procedure, topics Depositions Notes. and Discovery, Evidence, Pleading; Estates and Trusts, topic Executors and ATTORNEYS AND COUNSELORS.—See category Legal Profession; see also Administrators. category Civil Actions and Procedure, topics Costs, Evidence, subhead Witnesses. Affirmation as substitute for acknowledgment, see category Documents and Records, Attorneys in fact, see category Property, topic Powers of Attorney. topic Acknowledgments. Attorneys, professional association or corporation, see category Legal Profession, Affirmation as substitute for affidavit, see category Documents and Records, topic topic Attorneys and Counselors; also category Business Organizations, topics Affidavits. Associations, Corporations. Afterborn children, see category Estates and Trusts, topics Descent and Distribution, Authentication, see categories Civil Actions and Procedure, topic Depositions and Wills. Discovery; Documents and Records, topics Acknowledgments, Affidavits. Age, see category Family, topics Adoption, Infants, Marriage. Automobiles, see category Transportation, topic Motor Vehicles. AGENCY.—See categories Business Organizations; see also topics Corporations, Award, see category Dispute Resolution, topic Arbitration and Award. Partnerships; categories Business Regulation and Commerce, topic Factors; Civil Bail, see category Criminal Law, topic Criminal Law. Actions and Procedure, topic Brokers; Employment, topic Labor Relations; Property, Bailments, see category Business Regulation and Commerce, topics Carriers, topic Powers of Attorney. Warehousemen. Agent for service of process, see categories Business Organizations, topic Bank collections, see category Business Regulation and Commerce, topics Banks and Corporations; Civil Actions and Procedure, topic Process; Estates and Trusts, topic Banking, Commercial Code. Executors and Administrators; Insurance, topic Insurance Companies; Property, topic Bank deposits, see category Business Regulation and Commerce, topics Banks and Absentees; Transportation, topic Motor Vehicles. Banking, Commercial Code. AIRCRAFT.—International Digests only. See category Transportation. Bankruptcy, see category Debtor and Creditor, topic Receivers; and category Debtor Air pollution, see category Environment, topic Environmental Regulation. and Creditor, topic Bankruptcy in International Digests. ALCOHOL, BEVERAGES AND TOBACCO TAXES.— See category Taxation. BANKS AND BANKING.—See category Business Regulation and Commerce; see Alienation of property, restrictions on, see category Property, topic Perpetuities. also topic Bills and Notes; categories Business Organizations, topic ALIENS.—See category Immigration in International Digests. Corporations. Alimony, see category Family, topic Divorce;. see also category Family, topic Marriage. Bar, see categories Legal Profession, topic Attorneys and Counselors; Property, topics Allowances, see category Estates and Trusts, topic Executors and Administrators. Curtesy, Dower. ALTERNATIVE DISPUTE RESOLUTION.—See category Dispute Resolution. Bastards, see categories Estates and Trusts, topic Descent and Distribution; Family, Alternative to acknowledgment, see category Documents and Records, topic topic Adoption. Acknowledgments. Beer, see categories Business Regulation and Commerce, topic Licenses, Business and Alternative to affidavit, see category Documents and Records, topic Affidavits. Professional; Taxation, topic Taxes. Amendments, see categories Business Organizations, topic Corporations; Civil Actions Beneficiaries, see categories Estates and Trusts, topics Descent and Distribution, and Procedure, topic Pleading. Executors and Administrators, Trusts, Wills; Taxation, topic Taxes, subhead Anatomical gifts, see category Estates and Trusts, topic Wills. Inheritance Tax. Ancestors, see category Estates and Trusts, topic Descent and Distribution. Bequests, see category Estates and Trusts, topic Wills. Ancillary administration, see category Estates and Trusts, topic Executors and Beverage taxes, see category Taxation, topic Alcohol, Beverages and Tobacco Administrators. Taxes. Annulment of marriage, see category Family, topic Marriage; see also category BILLS AND NOTES.—See category Business Regulation and Commerce, see also Family, topic Divorce. topic Commercial Code. Answer, see category Civil Actions and Procedure, topic Pleading. Bills of exchange, see category Business Regulation and Commerce, topic Bills and Antenuptial contracts, see category Family, topic Husband and Wife. Notes. Antitrust, see category Business Regulation and Commerce, topic Monopolies, Bills of lading, see category Business Regulation and Commerce, topic Carriers; also Restraint of Trade and Competition. category Business Regulation and Commerce, topic Commercial Code. APPEAL AND ERROR.—See category Civil Actions and Procedure; see also topics Bills of sale, see category Business Regulation and Commerce, topic Sales; also Certiorari; categories Courts and Legislature, topic Courts; Taxation, topic Taxes. category Business Regulation and Commerce, topic Commercial Code. Appearance, see category Civil Actions and Procedure, topic Actions, Pleading, Birth certificates, see category Documents and Records, topic Records. Process. Blue Sky Laws, see category Business Regulation and Commerce, topic Securities. Applicable law, see categories Business Regulation and Commerce, topics Contracts BONDS.—See category Civil Actions and Procedure; see also topics Appeal and Error, and Sales in certain International Digests. Costs, Injunctions, Replevin; see also categories Business Regulation and Commerce, Apportionment, see category Taxation, topic Taxes. topics Brokers, Commercial Code, Securities, Warehousemen; topics Debtor and Appraisal of dissenting shareholder's stock, see category Business Organizations, Creditor, topics Attachment, Executions, Garnishment, Receivers; Documents and topic Corporations, subhead Appraisal. Records, topic Notaries Public; Estates and Trusts, topic Executors and ARBITRATION AND AWARD.—See category Dispute Resolution; see also category Administrators; Family, topic Guardian and Ward; Insurance, topic Surety and Civil Actions and Procedure, topic Submission of Controversy. Guaranty Companies; Legal Profession, topic Attorneys and Counselors; Mortgages, Arbitration of death taxes, see category Taxation, topic Taxes, subhead Interstate topic Mortgages of Real Property. Cooperation. BROKERS.—See also category Business Regulation and Commerce, topics Factors, Armed Forces, acknowledgments of persons in, see category Documents and Licenses, Business and Professional, Securities. Records, topic Acknowledgments. Bulk sales, see categories Business Regulation and Commerce, topic Commercial Armed Forces, members of, exemptions, see categories Taxation, topic Taxes; Code; Debtor and Creditor, topic Fraudulent Sales and Conveyances. Transportation, topic Motor Vehicles. Business names, see category Intellectual Property, topic Trademarks and Tradenames; Armed Forces, notarial powers of officers, see category Documents and Records, also category Business Organizations, topics Corporations, Partnerships. topics Notaries Public, Acknowledgments. BUSINESS ORGANIZATIONS [category] Articles of association or incorporation, see category Business Organizations, topic BUSINESS REGULATION AND COMMERCE [category] Corporations. BUSINESS TAXES.—See category Taxation; see also category Business ASSIGNMENTS.—See category Debtor and Creditor; see also categories Business Organizations, topic Corporations. Regulation and Commerce, topics Commercial Code, Sales; Civil Actions and Business trusts, see categories Business Organizations, topic Joint Stock Companies; Procedure, topic Judgments; Employment, topic Labor Relations; Intellectual Business Regulation and Commerce, topic Monopolies, Restraint of Trade and Property, topic Trademarks and Tradenames; Mortgages, topics Chattel Mortgages, Competition. Mortgages of Real Property; Property, topic Deeds. Capital, see category Business Organizations, topic Corporations. ASSOCIATIONS.—See category Business Organizations; see also topics CARRIERS.—See category Business Regulation and Commerce; see also category Corporations, Joint Stock Companies. Transportation, topic Motor Vehicles. Assumed business names, see category Intellectual Property, topic Trademarks and Certificate, see categories Civil Actions and Procedure, topic Depositions and Tradenames. Discovery; Documents and Records, topics Acknowledgments, Affidavits. ATTACHMENT.—See category Debtor and Creditor; see also topics Executions, Certificate of birth, see category Documents and Records, topic Records. Exemptions, Garnishment. Certificate of death, see category Estates and Trusts, topic Death; also category Documents and Records, topic Records.

X Certificate of incorporation, see category Business Organizations, topic Corporations. Witnesses, Limitation of Actions; Estates and Trusts, topics Executors and Certificate of Marriage, see categories Documents and Records, topic Records; Administrators, Wills; Family, topics Guardian and Ward, Husband and Wife, Infants, Family, topic Marriage. Marriage. Certificate of Stock, see category Business Organizations, topic Corporations. Compilations, see category Courts and Legislature, topic Statutes. CERTIFICATION.—See category Health, topic Licensure and Certification. Complaint, see category Civil Actions and Procedure, topic Pleading. CERTIORARI.—See category Civil Actions and Procedure; see also topic Appeal and Compromise, see category Civil Actions and Procedure, topic Accord and Satisfaction. Error. Compromise of death taxes, see category Taxation, topic Taxes, subhead Interstate Chain Stores, see categories Business Regulation and Commerce, topic Licenses, Co-operation. Business and Professional; Taxation, topic Taxes. Compulsory arbitration, see category Dispute Resolution, topic Arbitration and Change of Venue, see category Civil Actions and Procedure, topic Venue. Award. Charitable immunity, see category Civil Actions and Procedure, topic Damages. Compulsory continuing legal education, see category Legal Profession, topic Charter, see category Business Organizations, topic Corporations. Attorneys and Counselors. CHATTEL MORTGAGES.—See category Mortgages; see also categories Business Conditional sales, see category Business Regulation and Commerce, topic Sales; also Regulation and Commerce, topics Commercial Code, Sales; Debtor and Creditor, category Business Regulation and Commerce, topic Commercial Code. topics Fraudulent Sales and Conveyances, Pledges; Documents and Records, topic Condominiums, see category Property, topic Real Property. Records. Confession of judgment, see category Civil Actions and Procedure, topic Judgments. Chattel paper, see category Business Regulation and Commerce, topic Commercial Confidential relations, see category Civil Actions and Procedure, topic Evidence, Code. subhead Witnesses. Checks, see category Business Regulation and Commerce, topics Banks and Banking, Conflicts of laws, see category Business Regulation and Commerce, topics Contracts Bills and Notes. and Sales in certain International Digests. Children, see categories Civil Actions and Procedure, topics Limitation of Actions, Consanguinity, see categories Estates and Trusts, topic Descent and Distribution; Evidence, subhead Witnesses, Process; Employment, topic Labor Relations; Estates Family, topic Marriage. and Trusts, topics Descent and Distribution, Wills; Family, topics Adoption, Divorce, Consent, see category Family, topics Adoption, Marriage. Guardian and Ward, Infants, Marriage. Consignments, see category Business Regulation and Commerce, topic Factors; also CITIZENSHIP [category] category Business Regulation and Commerce, topic Commercial Code. CIVIL ACTIONS AND PROCEDURE [category] Constitutions, see category Introduction, topic Government and Legal System in Claim and delivery, see category Civil Actions and Procedure, topic Replevin. International Digests only. Claims, see categories Civil Actions and Procedure, topic Pleading; Estates and Trusts, CONSULS.—See category Introduction, International Digests only. topic Executors and Administrators. Consumer Credit Code, see category Business Regulation and Commerce, Class actions, see category Civil Actions and Procedure, topic Actions. topic consumer Credit in states enacting Uniform Consumer Credit Code. Close corporations, see category Business Organizations, topic Corporations. CONSUMER PROTECTION.—See category Business Regulation and Commerce. Codes, see category Courts and Legislature, topic Statutes, also category Civil Actions Consumer transactions, see category Business Regulation and Commerce, topic and Procedure, topic Practice; category Courts and Legislature, topic Law Reports, Consumer Protection, also topics Bills and Notes, Interest, Sales. Codes, in International Digests. Contamination, see category Environment, topic Environmental Regulation. Collateral inheritance tax, see category Taxation, topic Taxes. Continuation statement, see categories Business Regulation and Commerce, topic Collateral security, see category Debtor and Creditor, topic Pledges; see also category Commercial Code; Mortgages, topic Chattel Mortgages. Business Regulation and Commerce, topic Commercial Code. Contract provisions as to venue, see category Civil Actions and Procedure, topic Collection agencies, see category Business Regulation and Commerce, topic Licenses, Venue. Business and Professional. Contractors' bonds, see category Debtor and Creditor, topic Liens, subhead Color of title, see category Property, topic Adverse Possession. Mechanics' Liens. Combinations, see category Business Regulation and Commerce, topic Monopolies, CONTRACTS.—See category Business Regulation and Commerce, see also topic Restraint of Trade and Competition. Commercial Code; categories Documents and Records, topic Seals; Family, topics COMMERCIAL CODE.—See category Business Regulation and Commerce; see Husband and Wife, Infants. also topics Banks and Banking, Bills and Notes, Brokers, Carriers, Contracts, Contributions for social security or unemployment compensation, see category Factors, Frauds, Statute of, Sales, Securities, Warehousemen; categories Business Taxation, topic Taxes. Organizations, topic Corporations; Civil Actions and Procedure, topic Limitation of Controversies, see category Civil Actions and Procedure, topic Submission of Actions; Debtor and Creditor, topics Assignments, Fraudulent Sales and Conveyances, Controversy. See also categories Civil Actions and Procedure, topic Accord and Liens, Pledges; Documents and Records, topics Records, Seals; Mortgages, topic Satisfaction; Dispute Resolution, topic Arbitration and Award. Chattel Mortgages. For full text of the Code see table of contents. Conventions, in certain International Digests see category Treaties and Conventions, Commercial paper, see category Business Regulation and Commerce, topic topic Treaties; see also category Taxation, topic Treaties and Agreements. See Commercial Code. European Union Digest. See also Part VI, for Selected International Conventions to COMMERCIAL REGISTER (International Digests only).—See category Business which U.S. is a party. Regulation and Commerce; see also category Business Organizations, topics Conveyances, see category Property, topic Deeds. See also categories Business Corporations, Joint Stock Companies; Immigration, topic Aliens. Regulation and Commerce, topic Frauds, Statute of; Debtor and Creditor, topic Commercial travelers, see category Business Regulation and Commerce, topic Fraudulent Sales and Conveyances, Mortgages, topic Mortgages of Real Property. Licenses, Business and Professional. Copartners, see category Business Organizations, topic Partnerships. Commission merchants, see category Business Regulation and Commerce, topic Copyright, see United States Copyright Law Digest; see category Intellectual Property, Factors. topic Copyright in Dominion of Canada and International Digests. Commissions, see category Civil Actions and Procedure, topic Depositions and Corporate Seal, see categories Business Organizations, topic Corporations; Documents Discovery. see also categories Estates and Trusts, topics Executors and Administrators, and Records, topic Seals. Trusts; Family, topic Guardian and Ward. CORPORATE TAXES.—See category Taxation; see also category Business Common carriers, see categories Business Regulation and Commerce, topic Organizations, topic Corporations. Carriers; Transportation, topic Motor Vehicles. CORPORATIONS.—See category Business Organizations, see also topics Common law marriage, see category Family, topic Marriage. Associations, Joint Stock Companies; categories Business Regulation and Commerce, Common trust funds, see category Business Regulation and Commerce, topic Banks topics Banks and Banking, Carriers, Commercial Code, Securities; Civil Actions and and Banking. Procedure, topics Process, Venue; Debtor and Creditor, topic Attachment; Insurance, Community property, see category Family, topic Husband and Wife. topics Insurance Companies, Surety and Guaranty Companies; Property, topic Deeds; Companies, See categories Business Organizations, topics Associations, Corporations, Taxation, topic Taxes. In International Digests, see also category Citizenship, topic Joint Stock Companies; Business Regulation and Commerce, topic Banks and Aliens. Banking; Insurance, topics Insurance Companies, Surety and Guaranty Companies. COSTS.—See category Civil Actions and Procedure. Comparative negligence, see category Civil Actions and Procedure, topic Damages. Counselors, see category Legal Profession, topic Attorneys and Counselors. Compelling attendance of witness, see category Civil Actions and Procedure, topic Counterclaim, see category Civil Actions and Procedure, topic Pleading. Depositions and Discovery. County clerk's certificate, see category Documents and Records, topic Compensation, see categories Employment, topic Relations; Estates and Trusts, topics Acknowledgments, subhead Authentication. Executors and Administrators, Trusts; Family, topic Guardian and Ward; Legal COURTS.—See category Courts and Legislature. Profession, topic Attorneys and Counselors. COURTS AND LEGISLATURE [category] Competency, see categories Civil Actions and Procedure, topics Evidence, subhead Coverture, see category Family, topics Husband and Wife, Marriage.

XI Credit cards, see category Business Regulation and Commerce, topics Consumer Discovery, see category Civil Actions and Procedure, topics Depositions and Protection, Sales. Discovery Practice. Credit, letters of, see category Business Regulation and Commerce, topic Commercial Discrimination, see categories Employment, topic Labor Relations; Property, topic Code. Real Property. Credit sales, see category Business Regulation and Commerce, topic Sales; also Disinheritance, see category Estates and Trusts, topic Wills. category Business Regulation and Commerce, topic Consumer Protection. Dismiss, see category Civil Actions and Procedure, topics Judgments, Pleading, CREDITORS' SUITS.—See category Debtor and Creditor; see also topics Executions, Practice. Fraudulent Sales and Conveyances; category Estates and Trusts, topic Executors and Dispossession, see category Property, topic Landlord and Tenant. Administrators. DISPUTE RESOLUTION [category] CRIMINAL LAW [category] Disputed domicile in death tax matters, see category Taxation, topic Taxes, subhead Cumulative voting, see category Business Organizations, topic Corporations. Interstate Co-operation. Curators, see category Family, topic Guardian and Ward. Dissenting shareholder, see category Business Organizations, topic Corporations. CURRENCY.—See category Introduction, International Digests only; see also DISSOLUTION OF MARRIAGE.—See category Family; see also topics Divorce, categories Foreign Trade and Commerce, topics Foreign Exchange and Foreign Trade Marriage. Regulations; Business Regulation and Commerce, topic Banks and Banking. Distress, see category Property, topic Landlord and Tenant. CURTESY.—See category Property; see also topic Dower; categories Estates and Distribution, see category Estates and Trusts, topics Descent and Distribution, Trusts, topics Descent and Distribution, Wills. Executors and Administrators. CUSTOMS (DUTY).—See category Foreign Trade and Commerce, topic in certain Distribution if abroad, see category Estates and Trusts, topic Executors and International Digests. Administrators. DAMAGES.—See category Civil Actions and Procedures. see also category Estates Distributorships, see category Business Regulation and Commerce, topic Contracts in and Trusts, topic Death. International Digests only. Days of grace, see category Business Regulation and Commerce, topic Bills and Notes. Division of property of spouses on dissolution of marriage, see category Family, Dealerships, see category Business Regulation and Commerce, topic Contracts in topic Dissolution of Marriage; or topic Divorce. International Digests only. DIVORCE.—See category Family; see also topics Dissolution of Marriage, Marriage; DEATH.—See category Estates and Trusts; see also categories Documents and category Property, topics Curtesy, Dower. Records, topic Records; Employment, topic Labor Relations; Property, topic DOCUMENTS AND RECORDS [category] Absentees. DOMESTIC PARTNERS.—See category Family. Death actions, see category Estates and Truth, topic Death. Domicile, disputed, see category Taxation, topic Taxes. Death certificate, see category Documents and Records, topic Records. DOWER.—See category Property; see also topics Curtesy, Deeds; categories Debtor Death taxes, see category Taxation, topic Taxes. and Creditor, topic Homesteads; Documents and Records, topic Acknowledgements; DEBTOR AND CREDITOR [category] Estates and Trusts, topics Descent and Distribution, Executors and Administrators, Debts of decedents, see category Estates and Trusts, topic Executors and Wills; Family, topic Husband and Wife. Administrators. Drafts, see category Business Regulation and Commerce, topics Bills and Notes, Decedents' estates, see category Estates and Trusts, topics Descent and Distribution, Commercial Code. Executors and Administration, Wills; see also categories Debtor and Creditor, topic Durable Power of Attorney, see category Property, topic Powers of Attorney. Homesteads; Documents and Records, topic Records; Family, topic Husband and Earnings, exemption of, see category Debtor and Creditor, topics Exemptions, Wife; Property, topics Curtesy, Dower. Garnishment. Deceptive practices, see category Business Regulation and Commerce topics, Ecology, see category Environment, topic Environmental Regulation. Consumer Protection, Sales. Election, see category Estates and Trusts, topic Wills. Declarations, see category Civil Actions and Procedure, topic Pleading. Employer and employee, see category Employment, topic Labor Relations. Declaratory judgments, see category Civil Actions and Procedure, topics Judgments, Employers' Liability, see category Employment, topic Labor Relations. Submission of Controversy. EMPLOYMENT [category] Deed tax, see categories Taxation, topic Taxes subhead Real Estate Conveyance Tax; EMPLOYMENT TAXES.—See category Taxation; see also category Employment, Property, topic Deeds. topic Labor Relations. DEEDS.—See category Property; see also topic Real Property; categories Business Energy law, see category Mineral, Water and Fishing Rights, topic Mines and Minerals. Regulation and Commerce, topic Frauds, Statute of; Debtor and Creditor, topics Entirety, tenancy by, in personalty, see category Property, topic Personal Property. Fraudulent Sales and Conveyances, Homesteads; Documents and Records, topics Entirety, tenancy by, in realty, see category Property, topic Real Property. Acknowledgments, Records; Family, topics Husband and Wife, Infants; Mortgages, ENVIRONMENT [category] topic Mortgages of Real Property. ENVIRONMENTAL REGULATION.—See category Environment. Deeds of mortgage, see category Mortgages, topic Mortgages of Real Property. ENVIRONMENTAL TAXES.—See category Taxation. Deeds of trust, see category Mortgages, topic Mortgages of Real Property. Equity, see categories Civil Action and Procedure, topics Actions, Pleading, Practice; Default, see category Civil Actions and Procedure, topic Judgments. Courts and Legislature, topic Courts. Defendants, see category Civil Actions and Procedure, topics Actions, Process. Equity in redemption, see category Mortgages, topic Mortgages of Real Property. See Defense, affidavit of, see category Civil Actions and Procedure, topic Pleading. also category Taxation, topic Taxes. Delayed birth certificates, see category Documents and Records, topic Records. Error, writ of, see category Civil Actions and Procedure, topic Appeal and Error. Demurrers, see category Civil Actions and Procedures, topic Pleading. ESCHEAT.—See category Property; see also topic Absentees; categories Business DEPOSITIONS.—See category Civil Actions and Procedures, topic Depositions and Organizations, topic Corporations, subhead Unclaimed Dividends; Business Discovery; see also topic Evidence; categories Documents and Records, topic Regulation and Commerce, topic Banks and Banking, subhead Unclaimed Deposits; Affidavits. Estates and Trusts, topics Descent and Distribution, Wills, subhead Unclaimed Deposits, see category Business Regulation and Commerce, topic Banks Legacies. and Banking. Establishing birth records, see category Documents and Records, topic Records. DESCENT AND DISTRIBUTION.—See category Estates and Trusts; see also Estate tax, see category Taxation, topic Taxes. categories Citizenship, topic Aliens; Debtor and Creditor, topic Homesteads; Estates ESTATES AND TRUSTS [category] and Trusts, topic Wills; Family, topics Adoption, Husband and Wife; Property, topics Estates, see categories Debtor and Creditor, topic Homesteads; Estates and Trusts, Curtesy, Dower; Taxation, topic Taxes. topics Descent and Distribution, Executors and Administrators, Trusts, Wills; Property, Desertion, see category Family, topics Divorce, Husband and Wife. topics Curtesy, Dower, Real Property. Devisees, see category Estates and Trusts, topic Wills. European Economic Community, see European Union Digest in Part V. Die, right to, see category Estates and Trusts, topic Wills. Evasion, see category Taxation, topic Taxes, subhead Penalties. Digests, see category Courts and Legislature, topic Reports. EVIDENCE.—See category Civil Actions and Procedure; see also topics Depositions Direct actions against insurer, see category Transportation, topic Motor Vehicles, sub- and Discovery, category Documents and Records, topic Affidavits. head Direct Actions. EXCHANGE CONTROLS.—In International Digests only. See categories Foreign Directors, see category Business Organizations, topic Corporations. Disabilities, see categories Citizenship, topic Aliens; Civil Actions and Procedure,topics Trade and Commerce; see also topics Foreign Exchange, Foreign Trade Regulation; Evidence, subhead Witnesses, Limitation of Actions; Estates and Trusts, topics Introduction, topic Currency. Executors and Administrators, Wills; Family, topics Guardian and Ward, Husband and Excuses for nonperformance, see category Business Regulation and Commerce, Wife, Infants. topic Contracts in certain International Digests. EXECUTIONS.—See category Debtor and Creditor; see also topics

XII Attachment, Exemptions, Garnishment; categories Civil Actions and Procedure, topics FRANCHISES.—See also category Business Regulation and Commerce, topics Appeal and Error, Judgments, Sequestration. Securities, Monopolies, Restraint of Trade and Competition, Contracts in International EXECUTORS AND ADMINISTRATORS. —See category Estates and Trusts, see Digests only. also topics Descent and Distribution, Wills. FRAUD AND ABUSE.—See category Health. EXEMPTIONS.—See category Debtor and Creditor; see also topics Executions, FRAUDS, STATUTE OF.—See category Business Regulation and Commerce, see also Garnishment, Homesteads; categories Estates and Trusts, topic Executors and topic Commercial Code. Administrators; Taxation, topic Taxes. FRAUDULENT SALES AND CONVEYANCES.—See category Debtor and Factorizing, see category Debtor and Creditor, topic Garnishment. Creditor; see also topics Attachment, Exemptions, Garnishment; category Business FACTORS.—See category Business Regulation and Commerce; see also topics Regulation and Commerce, topic Commercial Code. Agency, Brokers; category Debtor and Creditor, topic Pledges. Frivolous Claims, see category Civil Actions and Procedure, topic Pleading. FAMILY [category] Fuels taxes, see category Taxation, topic Gasoline and Special Fuels Taxes. Family law, see category Family, topics Marriage, Divorce, Husband and Wife, Infants. GARNISHMENT.—See category Debtor and Creditor; see also topics Attachment, Fees, see specified topics, e.g., categories Business Organization, topic Corporations; Executions, Exemptions. Business Regulation and Commerce, topic Commercial Code; Mortgages, topic chattel Gas, see category Mineral, Water and Fishing Rights, topic Mines and Minerals. Mortgages, etc. GASOLINE AND SPECIAL FUEL TAXES.—See category Taxation. Fictitious names, see category Intellectual Property, topic Trademarks and Tradenames. GIFT TAX.—See category Taxation, see also topics Estate Tax, Inheritance Tax. Fiduciaries, see categories Estates and Trusts, topic Executors and Administrators, Gifts to Minors, see category Family, topic Infants. Trusts; Family, topic Guardian and Ward; Property, topic Powers of Attorney. GOVERNMENT AND LEGAL SYSTEM.—See category Introduction; see also Fieri facias, see category Debtor and Creditor, topic Executions. category Courts and Legislature. Filing under Uniform Commercial Code, see categories Business Regulation and Government contracts, see category Business Regulation and Commerce, topic Commerce, topic Commercial Code; Documents and Records, topic Records. Contracts in certain International Digests. Filing fees, see categories Business Organization, topic Corporations; Business Government, suit against, see category Civil Actions and Procedure, topic Damages. Regulation and Commerce, topic Commercial Code; Documents and Records, topic Grace, see category Business Regulation and Commerce, topics Bills and Notes, Records; Estates and Trusts, topic Executors and Administrators; Mortgages, topics Commercial Code. Chattel Mortgages, Mortgages of Real Property; Property, topic Deeds. Guardian ad litem, see category Family, topic Infants. Financial responsibility, see category Transportation, topic Motor Vehicles. GUARDIAN AND WARD.—See category Family, see also topic Infants. Financing statement, see categories Business Regulation and Commerce, topic Guests, liability to, see category Transportation, topic Motor Vehicles. Commercial Code; Mortgages, topic Chattel Mortgages. HEALTH [category] Fishing zone, see category Mineral, Water and Fishing Rights. Health regulations, see category Health. FOOD, DRUGS, DEVICES AND COSMETICS.—See category Health. Heirs, see category Estates and Trusts, topic Descent and Distribution. Forced heirs, see category Estates and Trusts, topic Wills. HOLIDAYS.—See category Introduction; see also category Business Regulation and Foreclosure, see categories Debtor and Creditor, topic Liens; Mortgages, topics Chattel Commerce, topics Bills and Notes, Commercial Code. Mortgages, Mortgages of Real Property. Holographic wills, see category Estates and Trusts, topic Wills. Foreign automobiles, see category Transportation, topic Motor Vehicles. HOMESTEADS.—See category Debtor and Creditor; see also topic Exemptions. HUSBAND AND WIFE.—See category Family; see also topics Divorce, Guardian Foreign conveyances of incumbrances, see categories Documents and Records, topic and Ward, Marriage; categories Civil Actions and Procedure, topic Evidence, subhead Records; Property, topic Real Property. Witnesses; Debtor and Creditor, topic Homesteads; Documents and Records, topic Foreign corporations, see categories Business Organizations, topic Corporations; Civil Acknowledgments; Estates and Trusts, topics Descent and Distribution, Executors and Actions and Procedure, topic Process. See also categories Business Regulation and Administrators; Property, topics Curtesy, Dower, Real Property. Commerce, topic Banks and Banking; Insurance, topics Insurance Companies, Surety Hydrocarbons, see category Mineral, Water and Fishing Rights, topic Mines and and Guaranty Companies. See also category Citizenship, topic Aliens in certain Minerals. International Digests. Illegitimate children, see categories Estates and Trusts, topic Descent and Distribution; Foreign depositions, see category Civil Actions and Procedure, topic Depositions and Family, topic Adoption. Discovery. Immigration, see category Citizenship, topic Immigration in International Digests. Foreign distribution, see category Estates and Trusts, topic Executors and INCOME TAX.—See category Taxation. Administrators. Incompetency, see categories Civil Actions and Procedure, topics Evidence, subhead Foreign divorce, see category Family, topic Divorce. Witnesses, Limitation of Actions; Estates and Trusts, topics Executors and Foreign exchange, see categories Foreign Trade and Commerce, topics Foreign Administrators, Wills; Family, topics Guardian and Ward, Husband and Wife, Infants. Exchange, Foreign Trade Regulations; Introduction, topic Currency, in International Incorporation, see categories Business Organizations, topic Corporations; Business Digests only. Regulation and Commerce, topic Banks and Banking; Insurance, topics Insurance Foreign executors and administrators, see category Estates and Trusts, topic Companies, Surety and Guaranty Companies. Executors and Administrators. Industrial property, see category Intellectual Property, topics Copyright, Patents, Foreign guardians, see category Family, topic Guardian and Ward. Trademarks and Tradenames in International Digests, and Part II for Digests of U.S. FOREIGN INVESTMENT.—See category Foreign Trade and Commerce, topic Laws, as well as domestic Digests for category Intellectual Property, topic Trademarks Foreign Investment, in International Digests. and Tradenames. Foreign judgments, see category Civil Actions and Procedure, topic Judgments. INFANTS.—See category Family; see also topics Adoption, Guardian and Ward, Foreign marriages, see category Family, topic Marriage. Marriage; categories Civil Actions and Procedure, topics Evidence, subhead Foreign operators of motor vehicles, see category Transportation, topic Motor Witnesses, Limitation of Actions; Employment, topic Labor Relations; Estates and Vehicles. Trusts, topics Executors and Administrators, Wills. FOREIGN TRADE.—See category Foreign Trade and Commerce; see also topics Infants' torts, parental liability for, see category Family, topic Infants. Foreign Exchange, Foreign Trade Regulations; Introduction, topic Currency, in INFORMATION TECHNOLOGY, INTERNET AND NEW MEDIA.—See International Digests only. category Business Regulation and Commerce. FOREIGN TRADE AND COMMERCE [category, International Digests only] Inheritance, see categories Citizenship, topic Aliens; Estates and Trusts, topics Descent FOREIGN TRADE REGULATIONS.—See category Foreign Trade and Commerce, and Distribution, Wills; Family, topic Adoption; Property, topics Curtesy, Dower. in International Digests only. INHERITANCE TAX.—See category Taxation; see also topics Estate Tax, Gift Tax. Foreign vehicles, see category Transportation, topic Motor Vehicles. Initiative, see category Courts and Legislature, topic Legislature. Foreign wills, see category Estates and Trusts, topic Wills. INJUNCTIONS.—See category Civil Actions and Procedure; see also category Courts Foreigners, see category Citizenship, topic Aliens. and Legislature, topic Courts. Forms, see categories Civil Actions and Procedure, topics Depositions and Discovery, Insane persons, see category Family, topic Guardian and Ward. Judgements; Documents and Records, topics Acknowledgments, Affidavits; Estates Insolvency, see category Debtor and Creditor, topic Bankruptcy in International Digests and Trusts, topics Executors and Administrators, Wills; Mortgages, topics Chattel only. Mortgages, Mortgages of Real Property; Property, topic Deeds. Installment sales, see category Business Regulation and Commerce, topics Interest, Forthcoming bonds, see category Debtor and Creditor, topics Attachment, Executions, Sales; also topic Consumer Protection. Garnishment. INSURANCE [category] Franchise taxes, see categories Taxation, topics Business Taxes, Corporate Taxes; INSURANCE.—See categories Health; Insurance; see also categories Business Business Organizations, topic Corporations. Organizations, topic Corporations; Transportation, topic Motor Vehicles.

XIII INSURANCE COMPANIES.—See category Insurance; see also categories Business Employment, topic Labor Relations; Legal Profession, topic Attorneys and Organizations, topic Corporations; Civil Actions and Procedure, topic Bonds. Counselors; Mortgages, topics Chattel Mortgages, Mortgages of Real Property; Insurer, direct action against, see category Transportation, topic Motor Vehicles, Property, topic Landlord and Tenant; Taxation, topic Taxes; Transportation, topic subhead Direct Actions. Motor Vehicles. INTELLECTUAL PROPERTY [category] LIMITATION OF ACTIONS.—See category Civil Actions and Procedure, see also INTEREST.—See category Business Regulation and Commerce; see also topic Banks topic Prescription ( in International Digests ); categories Debtor and Creditor, topic and Banking. Liens; Estates and Trusts, topic Death; Property, topic Adverse Possession. International Conventions, see Part VI. LIMITED LIABILITY COMPANIES.—See category Business Organizations. Internet, see category Business Regulation and Commerce, topic Information Limited partnership, see category Business Organizations, topic Partnerships. Technology, Internet and New Media. Living wills, see category Estates and Trusts, topic Wills. Interpleader, see category Civil Actions and Procedure, topic Actions. Lobbyists, see category Courts and Legislature, topic Legislature. Interrogatories, see category Civil Actions and Procedure, topic Depositions and LOCAL AND MUNICIPAL TAXES.—See category Taxation. Discovery. Long arm statutes, see category Civil Actions and Procedure, topic Process. Intervention, see category Civil Actions and Procedure, topic Actions. Maintenance, see category Family, topics Divorce, Marriage. Inter vivos trusts, see category Estates and Trusts, topic Trusts; Bequests and devises MARRIAGE.—See category Family; see also topics Divorce, Husband and Wife; to, see category Estates and Trusts, topic Wills. categories Civil Actions and Procedure, topic Evidence, subhead Witnesses; Debtor Intestacy, see category Estates and Trusts, topic Descent and Distribution. and Creditor, topic Homesteads; Documents and Records, topic Records, subhead Intoxicating liquors, see categories Business Regulation and Commerce, topic Vital Statistics; Estates and Trusts, topics Descent and Distribution, Wills; Property, Licenses, Business and Professional; Taxation, topic Taxes. topics Curtesy, Dower. INTRODUCTION [category] Marriage Certificate, see categories Documents and Records, topic Records; Family, Inventory, see categories Estates and Trusts, topic Executors and Administrators; topic Marriage. Family, topic Guardian and Ward. Married women, see categories Civil Actions and Procedure, topic Evidence, subhead Investment securities, see category Business Regulation and Commerce, topics Witnesses; Debtor and Creditor, topics Exemptions, Homesteads; Documents and Commercial Code, Securities. Records, topic Acknowledgments; Estates and Trusts, topics Descent and Distribution, Iron Curtain distributees, see category Estates and Trusts, topic Executors and Executors and Administrators, Wills; Family, topics Dissolution of Marriage, Divorce, Administrators, subhead Distribution if Abroad. Husband and Wife, Marriage; Property, topics Deeds, Dower. Issue, see category Estates and Trusts, topic Descent and Distribution. Mechanics' liens, see category Debtor and Creditor, topic Liens. Joinder, see category Civil Actions and Procedure, topic Actions. See also category MEDIATION.—See Category Dispute Resolution. Civil Actions and Procedure, topic Pleading. Membership associations, see category Business Organizations, topic Associations. JOINT STOCK COMPANIES.—See category Business Organizations; see also topics Mental incompetency, see category Family, topic Guardian and Ward. Associations, Corporations. MINERAL, WATER AND FISHING RIGHTS [category] Joint tenancy, see category Property, topic Real Property. MINES AND MINERALS.—See category Mineral, Water and Fishing Rights; see Judgment notes, see category Business Regulation and Commerce, topic Bills and also category Employment, topic Labor Relations. Notes. MINES, MINERALS AND FISHERIES TAXES.—See category Taxation; see also JUDGMENTS.—See category Civil Actions and Procedure; see also topic Submission category Mineral, Water and Fishing Rights. of Controversy; categories Courts and Legislature, topic Courts; Debtor and Creditor, Minors, see categories Estates and Trusts, topic Trusts; Family, topics Guardian and topics Executions, Exemptions; Dispute Resolution, topic Arbitration and Award; Ward, Infants. Family, topic Divorce (recognition of foreign judgment). Model Business Corporation Act, see category Business Organizations, topic Jurat, see category Documents and Records, topic Affidavits. Corporations; for text of Act see Part III. Jurisdiction, see category Courts and Legislature, topic Courts. See also category Civil MONOPOLIES, RESTRAINT OF TRADE AND COMPETITION.—See category Actions and Procedure, topic Process. Business Regulation and Commerce. Justices of the Peace, see category Courts and Legislature, topic Courts. Moratorium, see categories Introduction, topic Holidays; Mortgages, topic Mortgages Justification, see category Civil Actions and Procedure, topic Bonds. of Real Property. Juveniles, see categories Employment, topic Labor Relations; Family, topic Infants. MORTGAGES [category] Labels, see category Intellectual Property, topic Trademarks and Tradenames. MORTGAGES OF PERSONAL PROPERTY.—See category Mortgages, topic LABOR RELATIONS.—See category Employment. Chattel Mortgages. LANDLORD AND TENANT.—See category Property. MORTGAGES OF REAL PROPERTY.—See category Mortgages; see also topic Language, plain, statutory requirement for, see category Business Regulation and Chattel Mortgages; categories Business Regulation and Commerce, topic Frauds, Commerce, topic Consumer Protection. Statute of; Debtor and Creditor, topic Fraudulent Sales and Conveyances; Documents Law reports, see category Courts and Legislature, topic Reports; also category Courts and Records, topics Acknowledgments, Records; Property, topic Deeds. and Legislature, topic Law Reports, Codes, in International Digests. Motion for Judgment, see category Civil Actions and Procedure, topic Judgments. Law students, see category Legal Profession, topic Attorneys and Counselors. MOTOR VEHICLES.—See category Transportation. Lawyers, see category Legal Profession, topic Attorneys and Counselors. Names, see categories Business Organizations, topics Corporations, Partnerships; Leases, see category Property, topic Landlord and Tenant; see also category Business Intellectual Property, topic Trademarks and Tradenames. Regulation and Commerce, topic Frauds, Statute of. Negligence, see categories Business Regulation and Commerce, topic Sales; Civil Legacies, see category Estates and Trusts, topic Wills. Actions and Procedure, topics Damages, Limitation of Actions; Estates and Trusts, Legacy tax, see category Taxation, topic Taxes. topic Death; Family, topic Infants; Transportation, topic Motor Vehicles. Legal education, see category Legal Profession, topic Attorneys and Counselors. Negotiable instruments, see category Business Regulation and Commerce, topics Bills LEGAL PROFESSION [category] and Notes, Commercial Code. LEGISLATURE.—See category Courts and Legislature; see also topics Statutes; and New Media, see category Business Regulation and Commerce, topic Information in International Digest. See also category Introduction, topic Government and Legal Technology, Internet and New Media. System. New promise, see category Civil Actions and Procedure, topic Limitation of Actions. Letters of credit, see category Business Regulation and Commerce, topic Commercial Next of kin, see category Estates and Trusts, topic Descent and Distribution. Code. No-fault insurance, see category Transportation, topic Motor Vehicles, subhead No- Letters rogatory, see category Civil Actions and Procedure, topic Depositions and Fault Insurance. Discovery. Noise, see category Environment, topic Environmental Regulation. Levy, see categories Debtor and Creditor, topics Attachment Executions, Garnishment; Nominees, Securities in name of, see category Estates and Trusts, topic Trusts. Taxation, topic Taxes. Nonprofit Corporations, see category Business Organizations, topics Associations, LICENSES.—See categories Business Regulation and Commerce; Health; see also Corporations. categories Business Organizations, topic Corporation; Business Regulation and Nonresidents, see categories Business Organizations, topic Corporations; Civil Actions Commerce, topics Brokers, Securities; Family, topic Marriage; Legal Profession, and Procedure, topics Costs, Limitation of Actions, Process, Venue; Debtor and topic Attorneys and Counselors; Taxation, topic Taxes; Transportation, topic Motor Creditor, topic Attachment; Estates and Trusts, topic Executors and Administrators; Vehicles. Family, topic Guardian and Ward; Property, topic Absentees; Transportation, topic LIENS.—See category Debtor and Credito; see also topics Attachment, Executions, Motor Vehicles. Fraudulent Sales and Conveyances, Garnishment, Homesteads, Pledges; see also Nonsupport, see category Family, topics Divorce, Husband and Wife. categories Business Regulation and Commerce, topics Brokers, Carriers, Commercial NOTARIES PUBLIC.—See category Documents and Records; see also topics Code, Factors, Warehousemen; Civil Actions and Procedure, topic Judgments; Acknowledgments, Affidavits; categories Civil Actions and Procedure, topic

XIV Depositions and Discovery. Probate, see category Estates and Trusts, topic Wills. Notes, see category Business Regulation and Commerce, topics Bills and Notes, Probate Code, see category Estates and Trusts, topic Wills. Commercial Code. Probate courts, see category Courts and Legislature, topic Courts. Notice of sale, see categories Debtor and Creditor, topics Attachment, Executions, Procedure, see categories Civil Actions and Procedure, topics Actions, Pleading, Liens; Mortgages, topics Chattel Mortgages, Mortgages of Real Property; Taxation, Practice; Courts and Legislature, topic Courts. topic Taxes. PROCESS.—See category Civil Actions and Procedure. see also category Notice to creditors, see categories Business Organizations, topic Corporations; Debtor Transportation, topic Motor Vehicles. and Creditor, topic Fraudulent Sales and Conveyances; Estates and Trusts, topic Process agent, see categories Business Organizations, topic Corporations; Business Executors and Administrators. Regulation and Commerce, topic Securities; Civil Actions and Procedure, topic Notices, see category Business Regulation and Commerce, topic Sales in certain Process; Insurance, topic Insurance Companies; Property, topic Absentees. International Digests. Product liability, see category Business Regulation and Commerce, topic Sales. Nuncupative wills, see category Estates and Trusts, topic Wills. Professional associations, see category Business Organizations, topic Associations. Oaths, see categories Civil Actions and Procedure, topic Depositions and Discovery; Professional corporations, see category Business Organizations, topic Corporations. Documents and Records, topics Affidavits, Notaries Public. Prohibited marriages, see category Family, topic Marriage. Occupational diseases, see category Employment, topic Labor Relations. Promissory notes, see category Business Regulation and Commerce, topics Bills and OFFICE HOURS AND TIME ZONE.—See category Introduction. Notes, Commercial Code. Oil and gas, see category Mineral, Water and Fishing Rights, topic Mines and Proof of claims, see categories Civil Actions and Procedure, topic Pleading; Estates Minerals, see also category Taxation, topic Taxes. and Trusts, topic Executors and Administrators. Oleographic wills, see category Estates and Trusts, topic Wills. Proof of deeds, see category Documents and Records, topic Acknowledgments. Parent, see categories Estates and Trusts, topic Descent and Distribution; Family, topics PROPERTY [category] Adoption, Divorce, Guardian and Ward, Infants. PROPERTY TAXES.—See category Taxation. Parental liability, see category Family, topic Infants. Proxies, see category Business Organizations, topic Corporations. Part payment, see category Civil Actions and Procedure, topic Limitation of Actions. Public administrators, see category Estates and Trusts, topic Executors and Partial release, see categories Business Regulation and Commerce, topic Commercial Administrators. Code; Mortgages, topics Chattel Mortgages, Mortgages of Real Property. PUBLIC HEALTH.—See category Health. Parties, see category Civil Actions and Procedure, topic Actions. Public works, see category Debtor and Creditor, topic Liens, subhead Mechanics' PARTITION.—See category Civil Actions and Procedures. Liens. PARTNERSHIP.—See category Business Organizations; see also topics Associations, Publication, see category Civil Actions and Procedure, topic Process. Joint Stock Companies; category Intellectual Property, topic Trademarks and Pyramid sales, see category Business Regulation and Commerce, topic Securities. Tradenames. Qualification of foreign corporation, see category Business Organizations, topic Patents, see United States Patent Law Digest; see category Intellectual Property, topic Corporations. Patents in Dominion of Canada and International Digests. Quitclaim deeds, see category Property, topic Deeds. Pawnbrokers, see categories Business Regulation and Commerce, topic Interest; Railroads, see category Business Regulation and Commerce, topic Carriers. Debtor and Creditor, topic Pledges. Real estate brokers, see category Business Regulation and Commerce, topic Brokers. Penalties, see categories Environment, topic Environmental Regulation; Taxation, topic Real estate conveyance tax, see category Taxation, topic Taxes. Taxes. Real estate subdividers, see Model Land Sales Practices Act, reproduced in Part III, Permits, see category Environment, topic Environmental Regulation. and category Courts and Legislature, topic Statutes, subhead Uniform Acts, for states Perpetuating testimony, see category Civil Actions and Procedure, topic Depositions adopting. and Discovery. REAL PROPERTY.—See category Property; see also topics Adverse Possession, PERPETUITIES.—See category Property. Curtesy, Deeds, Dower, Landlord and Tenant; categories Business Organizations, topic PERSONAL PROPERTY.—See category Property; see also categories Business Corporations; Business Regulation and Commerce, topic Frauds, Statute of; Civil Regulation and Commerce, topics Commercial Code, Frauds, Statute of, Sales; Debtor Actions and Procedure, topic Partition; Debtor and Creditor, topics Fraudulent Sales and Creditor, topics Exemptions, Fraudulent Sales and Conveyances, Liens, Pledges; and Conveyances, Homesteads, Liens; Documents and Records, topic Records; Estates Estates and Trusts, topic Descent and Distribution; Mortgages, topic Chattel and Trusts, topic Descent and Distribution; Family, topic Husband and Wife; Mortgages; Taxation, topic Taxes. Mortgages, topic Mortgages of Real Property; Taxation, topic Taxes. Petroleum, see categories Mineral, Water and Fishing Rights, topic Mines and RECEIVERS.—See category Debtor and Creditor; see also topic Executions; Minerals; Taxation, topic Taxes. categories Business Organizations, topic Corporations. "Plain language" statutes, see category Business Regulation and Commerce, topic Recognition of foreign acknowledgments, see category Documents and Records, topic Consumer Protection. Acknowledgments. PLEADING.—See category Civil Actions and Procedure; see also topics Accord and RECORDS.—See category Documents and Records; see also categories Business Satisfaction, Actions, Limitation of Actions, Practice, Process, Submission of Regulation and Commerce, topics Commercial Code, Sales; Civil Actions and Controversy; category Courts and Legislature, topic Courts. Procedure, topic Judgments; Debtor and Creditor, topics Assignments, Liens; PLEDGES.—See category Debtor and Creditor. Mortgages, topics Chattel Mortgages, Mortgages of Real Property; Property, topic Pollution, see category Environment, topic Environmental Regulation. Deeds. Posthumous children, see category Estates and Trusts, topics Descent and Distribution, Redemption, see categories Debtor and Creditor, topics Executions, Liens; Mortgages, Wills. topics Chattel Mortgages, Mortgages of Real Property; Taxation, topic Taxes. Pour over trusts, see category Estates and Trusts, topic Wills, subhead Bequests and Referendum, see category Courts and Legislature, topic Legislature. Devises to Inter Vivos Trusts. Registration, see categories Business Regulation and Commerce, topic Securities; POWERS OF ATTORNEY.—See category Property, topic Powers of Attorney. Documents and Records, topic Records; Intellectual Property, topic Trademarks and PRACTICE.—See category Civil Actions and Procedure; see also topics Actions, Tradenames. Appeal and Error, Depositions and Discovery, Injunctions, Judgments, Pleading, Registration as law student, see category Legal Profession, topic Attorneys and Process, Submission of Controversy; categories Courts and Legislature, topic Courts; Counselors. Debtor and Creditor, topics Creditors’ Suits, Executions. Release, see categories Business Regulation and Commerce, topic Commercial Code; Preliminary injunction, see category Civil Actions and Procedure, topic Injunctions. Civil Actions and Procedure, topic Judgments; Debtor and Creditor, topics Premium tax, see category Insurance, topic Insurance Companies. Attachment, Liens; Mortgages, topics Chattel Mortgages, Mortgages of Real Prescription, see categories Civil Actions and Procedure, topic Limitation of Actions; Property; Property, topic Dower. Property, topic Adverse Possession; in certain International Digests, category Civil Rent, see category Property, topic Landlord and Tenant. Actions and Procedure, topic Prescription. Renunciation, see category Estates and Trusts, topics Descent and Distribution, Trusts, Presumption of death or survivorship, see category Estates and Trusts, topic Death. Wills. Pretermitted children, see category Estates and Trusts, topic Wills. REPLEVIN.—See category Civil Actions and Procedure. Price fixing contracts, see category Business Regulation and Commerce, topic Reply, see category Civil Actions and Procedure, topic Pleading. Monopolies, Restraint of Trade and Competition. REPORTS.—See category Courts and Legislature. see also categories Business PRINCIPAL AND AGENT.—See also categories Business Organizations, topic Organizations, topic Corporations; Business Regulation and Commerce, topic Banks Partnerships; Business Regulation and Commerce, topics Brokers, Factors; and Banking; Insurance, topic Insurance Companies; Transportation, topic Motor Employment, topic Labor Relations. Vehicles. Privileged communications, see category Civil Actions and Procedure, topic Evidence, Reservation of name, see category Business Organizations, topic Corporations. subhead Witnesses. Residency requirements, see category Family, topic Divorce.

XV Restraint of Trade, see category Business Regulation and Commerce, topic Statute of frauds, see category Business Regulation and Commerce, topic Frauds, Monopolies, Restraint of Trade and Competition. Statute of. Restrictions on alienation, see category Property, topic Perpetuities. Statute of limitations, see category Civil Actions and Procedure, topic Limitation of Retail Credit Sales, see category Business Regulation and Commerce, topics Actions. Consumer Protection, Sales. STATUTES.—See category Courts and Legislature; in certain International Digests, Retaliatory laws, see category Insurance, topic Insurance Companies. see category Introduction, topic Government and Legal System; category Foreign Review, see category Civil Actions and Procedure, topics Appeal and Error, Certiorari; Trade and Commerce. Taxation, topic Taxes. Stay, see categories Civil Actions and Procedure, topics Actions, Appeal and Error, Revival, see category Civil Actions and Procedure, topics Actions, Judgments, Judgments; Courts and Legislature, topic Courts; Debtor and Creditor, topic Limitation of Actions. Executions. Revocation of will, see category Estates and Trusts, topic Wills. Stock, see categories Business Organizations, topic Corporations; Business Regulation Right to work laws, see category Employment, topic Labor Relations. and Commerce, topic Securities; also category Business Regulation and Commerce, Rule in Shelley's case, see category Property, topic Real Property. topic Commercial Code. SALES.—See category Business Regulation and Commerce; see also topics Stockholders, see categories Business Organizations, topic Corporations; Business Commercial Code, Consumer Protection, Contracts, Frauds, Statute of, Securities; Regulation and Commerce, topic Banks and Banking. categories Debtor and Creditor, topics Assignments, Executions, Fraudulent Sales and Stock transfer, see categories Business Organizations, topic Corporations; Taxation, Conveyances, Pledges; Documents and Records, topic Acknowledgments; Estates topic Taxes; also category Business Regulation and Commerce, topic Commercial and Trusts, topic Executors and Administrators; Family, topic Guardian and Ward; Code. Mortgages, topics Chattel Mortgages, Mortgages of Real Property; Property, topic Storage, see category Business Regulation and Commerce, topic Warehousemen. Deeds; Taxation, topic Taxes; Transportation, topic Motor Vehicles. Subdividers, registration of, see Model Land Sales Practices Act, reproduced in Part Sales of accounts, see category Business Regulation and Commerce, topic Commercial III, and category Courts and Legislature, topic Statutes, subhead Uniform Acts, for Code. states enacting. SALES AND USE TAXES.—See category Taxation. SUBMISSION OF CONTROVERSY. —See category Civil Actions and Procedure; Satisfaction, see categories Civil Actions and Procedure, topics Accord and see also topic Actions; category Dispute Resolution, topic Arbitration and Award. Satisfaction, Judgments; Debtor and Creditor, topics Executions, Liens; Mortgages, Subpoenas, see category Civil Actions and Procedure, topic Evidence, subhead topics Chattel Mortgages, Mortgages of Real Property. Witnesses. Savings Banks, see category Business Regulation and Commerce, topic Banks and Subscribing witnesses, see categories Documents and Records, topic Banking. Acknowledgments; Estates and Trusts, topic Wills; Property, topic Deeds. Scroll, see category Documents and Records, topic Seals. Substituted service, see category Civil Actions and Procedure, topic Process. SEALS.—See category Documents and Records; see also topics Acknowledgments, Succession, see category Estates and Trusts, topic Descent and Distribution. Affidavits, Notaries Public; categories Business Regulation and Commerce, topics Succession tax, see category Taxation, topic Taxes. Commercial Code, Sales; Civil Actions and Procedure, topic Depositions and Suits, see category Civil Actions and Procedure, topic Actions. Discovery; Mortgages, topics Chattel Mortgages, Mortgages of Real Property; Summary judgment, see category Civil Actions and Procedure, topic Judgments. Property, topic Deeds. Summary proceedings, see category Property, topic Landlord and Tenant. Secured transactions, see categories Business Regulation and Commerce, topics Sunday, see category Introduction, topic Holidays. Commercial Code, Sales; Mortgages, topic Chattel Mortgages; Taxation, topic Stamp Supersedeas, see category Civil Actions and Procedure, topic Appeal and Error. and Seal Taxes. Supplementary proceedings, see category Debtor and Creditor, topic Executions. SECURITIES.—See category Business Regulation and Commerce; see also topic Support, enforcement of, see category Family, topic Husband and Wife, subhead Commercial Code; categories Business Organizations, topic Corporations; Desertion and Nonsupport. Civil Actions and Procedure, topic Bonds; Debtor and Creditor, topic Pledges; Family, SURETY AND GUARANTY COMPANIES. —See category Insurance; see also topics Guardian and Ward, Infants; Estates and Trusts, topic Trusts; Mortgages, topics topics Insurance Companies; categories Business Organizations, topic Corporations; Chattel Mortgages, Mortgages of Real Property. Civil Actions and Procedure, topic Bonds. Security agreement, see categories Business Regulation and Commerce, topic Surety bonds, see categories Civil Actions and Procedure, topic Bonds; Insurance, Commercial Code; Mortgages, topic Chattel Mortgages. topic Surety and Guaranty Companies. Security deposits, see category Property, topic Landlord and Tenant. Surrogates' courts, see category Courts and Legislature, topic Courts. Security devices, see categories Business Regulation and Commerce, topics Survivorship, see category Estates and Trusts, topic Death. Commercial Code, Sales; Debtor and Creditor, topic Pledges; Mortgages, topic Chattel Suspension of power of alienation, see category Property, topic Perpetuities. Mortgages. Takeover Bids, see categories Business Organizations, topic Corporations; Business Security for costs, see category Civil Actions and Procedure, topic Costs. Regulation and Commerce, topic Securities. Self-proved wills, see category Estates and Trusts, topic Wills. Tax apportionment, see category Taxation, topic Taxes. Separate estate, see category Family, topic Husband and Wife. TAXATION [category] Separate examination, see category Documents and Records, topic Acknowledgments. TAXATION.—See also categories Business Organizations, topic Corporations; Separation, see category Family, topics Dissolution of Marriage, Divorce, Husband and Business Regulation and Commerce, topic Licenses, Business and Professional; Wife. Insurance, topic Insurance Companies; Mineral, Water and Fishing Rights, topic SEQUESTRATION.—See category Civil Actions and Procedure; see also category Mines and Minerals; Transportation, topic Motor Vehicles; in certain .International Debtor and Creditor, topics Attachment, Executions, Garnishment, Receivers. Digests, see also category Foreign Trade and Commerce, topics Trade Zones, Servants, see category Employment, topic Labor Relations. Investment Incentives. Service, see category Civil Actions and Procedure, topic Process. Tax sales, see category Taxation, topic Taxes. Set-off, see category Civil Actions and Procedure, topic Pleading. Technology, see this index under "Industrial property". Settlement, see category Civil Actions and Procedure, topic Accord and Satisfaction. Tenancy, see category Property, topic Landlord and Tenant. Severance, see category Civil Actions and Procedure, topic Actions. Tenancy by entirety in personality, see category Property, topic Personal Property. Shares, see Stock, this index. Tenancy by entirety in realty, see category Property, topic Real Property. SHIPPING.— See category Transportation, topic Shipping in International Digests Tenancy in common, see category Property, topic Real Property. only. Tender Offers, see categories Business Organizations, topic Corporations; Business Simultaneous death, see category Estates and Trusts, topic Death. Regulation and Commerce, topic Securities. Small claims, see category Courts and Legislature, topic Courts. Termination of parental rights, see category Family, topic Infants. Small estates, see category Estates and Trusts, topic Executors and Administrators. Termination statement, see categories Business Regulation and Commerce, topic Small loans, see category Business Regulation and Commerce, topic Interest. Commercial Code; Mortgages, topic Chattel Mortgages. SMOKING REGULATIONS.—See category Health. Testamentary capacity, see category Estates and Trusts, topic Wills. Societies, see category Business Organizations, topic Associations. Testamentary trusts, see category Estates and Trusts, topic Trusts. Sovereign immunity, see category Civil Actions and Procedure, topic Damages. Testaments, see category Estates and Trusts, topic Wills. Specialty certification, see category Legal Profession, topic Attorneys and Counselors. Testimony, see categories Civil Actions and Procedure, topics Depositions and Special fuels taxes, see category Taxation, topic Gasoline and Special Fuels Taxes. Discovery, Evidence, subhead Witnesses; Documents and Records, topic Affidavits. Splitting of actions, see category Civil Actions and Procedure, topic Actions. Third party claims, see category Debtor and Creditor, topics Attachment, Executions. Spouses, division of property, see category Family, topics Dissolution of Marriage, Third party practice, see category Civil Actions and Procedure, topics Actions, Divorce. Pleading. STAMP AND SEAL TAXES.—See category Taxation. Title, see category Property, topics Adverse Possession, Real Property.

XVI Tobacco taxes, see category Taxation, topic Alcohol, Beverages and Tobacco Taxes. Statutes in each state Digest. For text of selected Uniform Acts of the NCCUSL Torrens Act, see category Documents and Records, topic Records. within the scope of the Martindale-Hubbell Law Digests, see table of contents. TORTS.— In certain International Digests, see category Civil Actions and It should be noted that where local differences from a Uniform Act are very significant Procedure; see also categories Business Regulation and Commerce, topic Sales; Civil they may be omitted from the list of Uniform Acts for a particular state in order to Actions and Procedure, topics Damages, Limitation of Actions; Estates and Trusts, avoid misleading readers. Furthermore, Uniform Acts that are not promulgated by topic Death; Family, topic Infants; Transportation, topic Motor Vehicles. NCCUSL are covered under the relevant topics. Trade, restraint of, see category Business Regulation and Commerce, topic Unincorporated associations, see category Business Organizations, topic Associations. Monopolies, Restraint of Trade and Competition. Unsolicited merchandise, see category Business Regulation and Commerce, topics TRADE SECRETS.—See category Intellectual Property. Consumer Protection, Sales. TRADE ZONES (Certain International Digests Only).—See category Foreign Trade Use tax, see category Taxation, topic Sales and Use Taxes. and Commerce; see also categories Business Organizations, topic Corporations; Business Regulation and Commerce; Taxation. UTILITIES TAX.—See category Taxation. TRADEMARKS AND TRADENAMES.—See category Intellectual Property. For Usury, see category Business Regulation and Commerce, topic Interest. federal trademark law, see United States Trademark Law Digest. Valuation, see categories Debtor and Creditor, topic Executions; Taxation, topic Taxes. Transfer of decedent's title, see category Documents and Records, topic Records. VALUE ADDED TAX.—International Digests only. See category Taxation. See Transfer of stock, see categories Business Organizations, topic Corporations; Taxation, European Union Digest, category Taxation, topic Value Added Tax for member topic Taxes; also Business Regulation and Commerce, topic Commercial Code. nations. Transfer tax, see category Taxation, topic Taxes. VENUE.—See category Civil Actions and Procedure. see also categories Estates and TRANSPORTATION [category] Trusts, topics Executors and Administrators, Wills; Family, topic Divorce. Treaties, in certain International Digests see category Treaties and Conventions, topic Vital Statistics, see category Documents and Records, topic Records. Treaties; see also category Taxation, topic Treaties and Agreements. See European Wages, see categories Debtor and Creditor, topics Assignments, Exemptions, Union Digest. See also Part VI, for Selected International Conventions to Garnishment; Employment, topic Labor Relations. which U.S. is a party. Wards, see category Family, topic Guardian and Ward. TREATIES AND CONVENTIONS [category, International Digests only] Warehouse receipts, see category Business Regulation and Commerce, topic Trust companies, see categories Business Organizations, topic Corporations; Business Commercial Code. Regulation and Commerce, topic Banks and Banking. WAREHOUSEMEN.—See category Business Regulation and Commerce; see also TRUSTS.—See category Estates and Trusts; see also topic Executors and topic Commercial Code. Administrators; categories Business Regulation and Commerce, topic Monopolies, Warranties, see category Business Regulation and Commerce, topics Commercial Restraint of Trade and Competition; Family, topic Guardian and Ward; Mortgages, topic Mortgages of Real Property; Property, topic Perpetuities. Code; Sales. Trust deeds, see category Mortgages, topic Mortgages of Real Property. Warranty deed, see category Property, topic Deeds. Trustee process, see category Debtor and Creditor, topic Garnishment. Water pollution, see category Environment, topic Environmental Regulation. Trust receipt security, see categories Business Regulation and Commerce, topic Widow, see categories Debtor and Creditor, topic Homesteads; Estates and Trusts, Commercial Code; Debtor and Creditor, topic Pledges. Topics Descent and Distribution, Executors and Administrators, Wills; Property, topic Tutors, see category Family, topic Guardian and Ward. Dower. Unclaimed deposits, see category Business Regulation and Commerce, topic Banks Wife, see categories Civil Actions and Procedure, topic Evidence, subhead Witnesses; and Banking; also category Property, topic Absentees. Debtor and Creditor, topics Exemptions, Homesteads; Documents and Records, topic Unclaimed dividends, see category Business Organizations, topic Corporations. Acknowledgments; Estates and Trusts, topics Descent and Distribution, Executors and Unclaimed legacies, see category Estates and Trusts, topic Wills. Administrators, Wills; Family, topics Divorce, Husband and Wife, Marriage; Property, Unclaimed property, see Escheat, this index. topics Deeds, Dower. Undertakings, see category Civil Actions and Procedure, topic Bonds. WILLS.—See category Estates and Trusts; see also topics Descent and Distribution, Unemployment compensation, see category Employment, topic Labor Relations. Executors and Administrators; category Taxation, topic Taxes. Unemployment compensation taxes, see category Taxation, topic Taxes. Wine, see categories Business Regulation and Commerce, topic Licenses, Business and Unfair competition, see category Business Regulation and Commerce, topic Professional; Taxation, topic Taxes. Monopolies, Restraint of Trade and Competition. WITNESSES.—See also categories Civil Actions and Procedure, topic Depositions and Uniform Commercial Code, see Commercial Code, this index. Discovery; Documents and Records, topics Acknowledgments, Affidavits; Estates and UNIFORM LAWS.—See Courts and Legislature; see also topic Statutes. For Uniform Trusts, topic Wills. Acts promulgated by the National Conference of Commissioners on Uniform State Workers, see category Employment, topic Labor Relations. Laws (NCCUSL) in force in each state, see specific topics, e.g., category Business Workmen's Compensation, see category Employment, topic Labor Relations. Organizations, topic Partnerships, etc.; also category Courts and Legislature, topic Wrongful death, see category Estates and Trusts, topic Death.

XVII

IOWA LAW DIGEST REVISER Finley, Alt, Smith, Scharnberg, Craig, Hilmes & Gaffney, P.C. 699 Walnut Street 19th Floor, Hub Tower Des Moines, Iowa 50309 Telephone: 515-288-0145 Fax: 515-288-2724

Reviser Proﬁle

History: This firm was founded in 1924 under the name of Carr, Cox, Evans & Riley. In the firm’s 70 year history the firm name has changed a number of times. The firm is now known as FINLEY, ALT, SMITH, SCHARNBERG, CRAIG, HILMES & GAFFNEY, P.C. Areas of Emphasis: Finley, Alt, Smith, Scharnberg, Craig, Hilmes & Gaffney, P.C., is a full service law firm with particular emphasis on Insurance Defense, Professional Negligence, Real Estate, Health Care, Workers Compensation, Employment, ERISA, Personal Injury, Corporation, Business Finance and Banking Law. The firm has 14 lawyers. Firm Activities: The firm encourages participation in community activities and mandates CLE hours for each lawyer each year. A practice management committee supervises the assignment of work and monitors the work of younger lawyers. Monthly meetings of all lawyers and paraprofessionals are held to discuss new and revised laws and regulations. All lawyers are members of the American Bar Association, the Iowa State Bar Association and the Polk County Bar Association. In addition, firm members are encouraged to belong to specialized groups such as the American Academy of Hospital Attorneys. Management: Finley, Alt, Smith, Scharnberg, Craig, Hilmes & Gaffney, P.C., is managed by an executive committee of three lawyers working with a professional administrator. The committee is responsible for client development, client relationships, economic and techno- logical development and firm growth. Membership on the management committee is determined annually. Client Base: Clients represent leaders in their industries such as insurance, mortgage lending, railroads, banking and health care institutions. Although a significant amount of work comes from corporations, the firm continues to represent individuals and small businesses.

IOWA LAW DIGEST

(The following is a list of all Categories and Topics, including cross-references, covered in this Digest.)

Category/Topic Page Category/Topic Page INTRODUCTION STAY OF EXECUTION ...... 9 GOVERNMENT AND LEGAL SYSTEM ...... 1 SUBMISSION OF CONTROVERSY ...... 9 HOLIDAYS ...... 1 VENUE ...... 10 OFFICE HOURS AND TIME ZONE ...... 1 COURTS AND LEGISLATURE BUSINESS ORGANIZATIONS COURTS...... 10 AGENCY ...... 1 LEGISLATURE ...... 11 ASSOCIATIONS ...... 1 REPORTS ...... 11 CORPORATIONS ...... 1 STATUTES ...... 11 JOINT STOCK COMPANIES ...... 2 UNIFORM LAWS ...... 11 LIMITED LIABILITY COMPANIES ...... 2 CRIMINAL LAW PARTNERSHIPS ...... 2 BAIL ...... 11 BUSINESS REGULATION AND COMMERCE CRIMINAL LAW ...... 11 BANKS AND BANKING ...... 2 DEBTOR AND CREDITOR BILLS AND NOTES...... 2 ASSIGNMENTS ...... 11 BILLS OF LADING ...... 2 ATTACHMENT ...... 12 BILLS OF SALE ...... 2 CREDITORS’ SUITS ...... 12 BLUE SKY LAW ...... 2 EXECUTIONS ...... 12 BROKERS ...... 2 EXEMPTIONS ...... 12 BULK SALES ...... 2 FORECLOSURE ...... 13 CARRIERS ...... 2 FRAUDULENT SALES AND CONVEYANCES ...... 13 COMMERCIAL CODE...... 2 GARNISHMENT...... 13 CONDITIONAL SALES ...... 3 HOMESTEADS ...... 13 CONSIGNMENTS ...... 3 JUDGMENT NOTES...... 13 CONSUMER CREDIT ...... 3 LEVY ...... 13 CONSUMER PROTECTION ...... 3 LIENS ...... 13 CONTRACTS ...... 3 MECHANICS’ LIENS ...... 14 FACTORS...... 3 PLEDGES ...... 14 FRANCHISES ...... 3 RECEIVERS ...... 14 FRAUDS, STATUTE OF ...... 3 REDEMPTION...... 14 INTEREST...... 3 SUPPLEMENTARY PROCEEDINGS ...... 14 LICENSES, BUSINESS AND PROFESSIONAL ...... 3 TRUSTEE PROCESS ...... 14 MONOPOLIES, RESTRAINT OF TRADE AND COMPETITION ...... 4 USURY ...... 14 NEGOTIABLE INSTRUMENTS ...... 4 RESTRAINT OF TRADE ...... 4 DISPUTE RESOLUTION ALTERNATIVE DISPUTE RESOLUTION ...... 14 SALES ...... 4 SECURITIES ...... 4 ARBITRATION AND AWARD ...... 14 STATUTE OF FRAUDS ...... 4 DOCUMENTS AND RECORDS ACKNOWLEDGMENTS ...... 14 TRUST RECEIPT SECURITY ...... 4 WAREHOUSEMEN ...... 4 AFFIDAVITS ...... 15 CITIZENSHIP NOTARIES PUBLIC ...... 15 ALIENS ...... 4 RECORDS ...... 15 CIVIL ACTIONS AND PROCEDURE SEALS ...... 15 ACCORD AND SATISFACTION ...... 4 TORRENS ACT ...... 15 ACTIONS ...... 4 VITAL STATISTICS ...... 16 APPEAL AND ERROR ...... 5 EMPLOYMENT BONDS ...... 5 EMPLOYER AND EMPLOYEE ...... 16 CERTIORARI ...... 5 LABOR RELATIONS ...... 16 CHARITABLE IMMUNITY ...... 5 WORKERS’ COMPENSATION LAW ...... 16 COMMISSIONS TO TAKE TESTIMONY ...... 5 ENVIRONMENT COMPARATIVE NEGLIGENCE ...... 5 ENVIRONMENTAL REGULATION ...... 16 COSTS ...... 5 ESTATES AND TRUSTS DAMAGES ...... 5 ADMINISTRATION ...... 16 DECLARATORY JUDGMENTS ...... 5 ADVANCEMENTS...... 16 DEPOSITIONS AND DISCOVERY...... 5 ALLOWANCES ...... 16 EQUITY ...... 6 CLAIMS...... 16 EVIDENCE ...... 6 DEATH...... 16 INJUNCTIONS ...... 7 DECEDENTS’ ESTATES...... 16 JUDGMENTS ...... 7 DESCENT AND DISTRIBUTION ...... 17 LIMITATION OF ACTIONS ...... 7 ELECTION ...... 17 PARTITION ...... 8 ESTATES...... 17 PLEADING ...... 8 EXECUTORS AND ADMINISTRATORS ...... 17 PRACTICE ...... 8 FIDUCIARIES ...... 18 PROCESS ...... 8 INTESTACY ...... 18 REPLEVIN ...... 9 PROOF OF CLAIMS ...... 18 SEQUESTRATION...... 9 TRUSTS ...... 18 SERVICE ...... 9 WILLS ...... 18 IOWA LAW DIGEST

Category/Topic Page Category/Topic Page FAMILY CURTESY ...... 24 ADOPTION ...... 19 DEEDS ...... 24 ALIMONY...... 19 DEEDS OF TRUST ...... 24 COMMUNITY PROPERTY ...... 19 DOWER ...... 24 DESERTION...... 19 ESCHEAT ...... 24 DISSOLUTION OF MARRIAGE ...... 19 LANDLORD AND TENANT...... 24 DIVORCE ...... 20 LEASES ...... 24 GUARDIAN AND WARD ...... 20 PERPETUITIES ...... 24 HUSBAND AND WIFE ...... 20 PERSONAL PROPERTY ...... 24 INFANTS ...... 20 POWERS OF ATTORNEY ...... 24 MARRIAGE ...... 21 REAL PROPERTY ...... 25 MARRIED WOMEN ...... 21 TRUST DEEDS ...... 25 INSURANCE TAXATION INSURANCE COMPANIES ...... 21 ADMINISTRATION ...... 25 SURETY AND GUARANTY COMPANIES...... 21 ALCOHOL, BEVERAGES AND TOBACCO TAXES ...... 25 INTELLECTUAL PROPERTY BUSINESS TAXES ...... 25 TRADEMARKS AND TRADENAMES ...... 21 CORPORATE TAXES ...... 25 TRADE SECRETS ...... 21 EMPLOYMENT TAXES ...... 25 LEGAL PROFESSION ESTATETAX...... 25 ATTORNEYS AND COUNSELORS ...... 22 EXCISE TAXES ...... 25 MINERAL, WATER AND FISHING RIGHTS MINES AND MINERALS ...... 22 GIFT TAX ...... 25 MORTGAGES INCOME TAX ...... 25 CHATTEL MORTGAGES ...... 22 INHERITANCE TAX...... 25 COLLATERAL SECURITY ...... 22 PROPERTY TAXES ...... 26 MORTGAGES OF PERSONAL PROPERTY ...... 22 SALES AND USE TAXES ...... 26 MORTGAGES OF REAL PROPERTY ...... 22 TRANSPORTATION PROPERTY MOTOR VEHICLES ...... 26 ABSENTEES ...... 23 RAILROADS ...... 27 ADVERSE POSSESSION ...... 24 FORMS CONDOMINIUMS ...... 24 SECURITY AGREEMENT—GENERAL FORM ...... 28 CONVEYANCES ...... 24 COMMERCIAL CODE...... 31 IOWA LAW DIGEST

Revised for 2008 edition by FINLEY, ALT, SMITH, SCHARNBERG, CRAIG, HILMES & GAFFNEY, P.C., of Polk County. (Citations, unless otherwise indicated, are to Code of Iowa, 2007, which is numbered according to decimal system by which ﬁgures preceding decimal point indicate chapters and those following indicate sections. R.C.P. refers to Rules of Civil Procedure revised effective Feb. 15, 2002. R.A.P. refers to Rules of Appellate Procedure. R. Crim. P. refers to Rules of Criminal Procedure. D.R. refers to Disciplinary Rules. Parallel citations to North Western Reporter begin with 51 Iowa.)

Note: This revision covers legislation adopted and approved by the Governor through July 31, 2007. Legislature meets in Jan. of each year.

English (except corporate names), be properly executed and signed, be on prescribed INTRODUCTION form (if there is one), be delivered to office of Secretary of State for filing and be GOVERNMENT AND LEGAL SYSTEM: accompanied by correct filing fee. The State of Iowa is a constituent state of the United States of America. For further Fees.—Filing fees $50 for filing articles of incorporation, articles of amendment and discussion of the U.S. federal system, see Introduction to the Federal Government of the certificate of amendment, restated articles of incorporation, articles of merger or share United States at the beginning of this volume. A great many laws are promulgated by exchange and $45 for biennial report; $20 for application for renewal of registered name; the federal government of the United States and are not reflected in the topics below. See $10 for filing application to reserve corporate name, notice of transfer of reserved the Introduction to this volume for references to the federal law topics covered. corporate name, application for use of indistinguishable name; $5 for articles of disso- Like all but one of the United States, Iowa has a common law legal system, with roots lution, revocation of voluntary dissolution proceedings, application for reinstatement in English common law. For information on the courts and legislature of Iowa, see following administrative dissolution, articles of correction, and application of certificate category Courts and Legislature. of existence or authorization; $2 for application for registered name per month or part thereof. (490.122, .1622). Fee of $5 for any other document required to be filed. HOLIDAYS: Judicial Review.—Where Secretary of State refuses to file document delivered to Following are legal holidays: Jan. 1, 3d Mon. in Jan., Feb. 12, 3d Mon. in Feb., last Secretary of State for filing, corporation has 30 days after document’s return to appeal Mon. in May, July 4, 1st Mon. in Sept., Nov. 11, 4th Thurs. in Nov., Dec. 25. (4.1). to District Court for county in which corporation’s principal office, or, if none in this Uniform Commercial Code adopted. (554). See category Business Regulation and state, its registered office is or will be located. (490.126). Commerce, topic Commercial Code. Organization.—After incorporation, initial directors (if named in articles of incor- Legality of Transactions on Holiday.—No statutory prohibition of business trans- poration) or incorporator(s) shall hold organizational meeting. Incorporators may take actions on Sundays or holidays. Banking transactions on holiday are specifically declared action without meeting if action is evidenced by written consents. (490.205). to be valid. (541.202). Transfer of Stock.—Articles of incorporation, bylaws, agreement among shareholders, or agreement between shareholders and corporation may impose restrictions on OFFICE HOURS AND TIME ZONE: transfer or registration of transfer of shares of corporation. (490.627). Iowa is in the Central (GMT −06:00) time zone. Office hours are generally from 8:00 Shareholders.—Articles of incorporation may specify greater or lesser vote than that a.m. to 4:30 p.m. statutorily required for corporate action. (490.1003, 490.1103, 490.1202, 490.1402). Preemptive right to unissued shares does not exist, unless articles provide it, except for corporations which were incorporated under, or which elected to be governed by, c. 496A BUSINESS ORGANIZATIONS prior to Dec. 31, 1989, in which case 490.1704 applies until Dec. 31, 1992. (490.630, 490.1704). AGENCY: Shareholders’ Meetings.—Corporation shall hold annually, at time stated in or fixed Common law rules govern. in accordance with bylaws, meeting of shareholders. (490.701). Corporation shall hold special meeting of shareholders either on call of board of directors or person(s) autho- ASSOCIATIONS: rized to call special meeting by articles of incorporation or bylaws or if holders of at least No general statutory provisions governing unincorporated associations. 10% of all votes entitled to be cast on any issue proposed to be considered at proposed Method of service, R.C.P. 1.305(6). See category Civil Actions and Procedure, topic special meeting deliver signed, dated, written demand for meeting. (490.702). Court may Process. also order meeting. (490.703). Shareholders may vote by proxy. (490.722). Action re- Professional Associations.—See topic Corporations, subhead Professional Corpora- quired or permitted to be taken at shareholders’ meetings may be by consent. (490.704). tions. Number of shares establishing quorum may be varied by bylaws. (490.1021). Percentage of vote statutorily required for various corporate actions may also be varied by articles CORPORATIONS: of incorporation. (490.1003, 490.1103, 490.1202, 490.1402). Following corporate actions require majority of votes of shareholders entitled to vote Note: New Iowa Business Corporation Act was enacted in 1989 with effective date of thereon unless articles, bylaws, or board of directors pursuant to statute provide other- Dec. 31, 1989. It appears as c. 490 of 2005 Iowa Code. wise. Amendment of articles (490.1003); disposition (other than mortgage or pledge) of New Iowa Business Corporation Act, c. 490 (hereinafter cited as I.B.C.A.) repealed assets other than in ordinary course of business (490.1202); voluntary dissolution by act c. 496A (Senate File 502 §195). It specifically excludes various types of corporations, of corporation (490.1402). foreign and domestic, from its operation, as hereinafter noted. Except as specifically provided in this chapter, this chapter applies to all domestic corporations in existence on Merger and Consolidation.—Shareholder approval of share exchange or consolida- effective date of this Act that were incorporated under any general statute of this state tion requires majority vote of outstanding shares. (490.1104). providing for incorporation of corporations for profit if power to amend or repeal statute Voting Trusts.—One or more shareholders may create voting trust. (490.730). Voting under which corporation was incorporated was reserved. (490.1701). For more specific trusts are valid for not more than ten years unless extended for additional term of not transitional rules, see 490.1701 through 490.1704. Following is summary of this new more than ten years. (490.730). I.B.C.A., effective Dec. 31, 1989. Directors.—Corporations need have only one director. (490.803). Procedure for re- Purposes.—Corporation incorporated under I.B.C.A. has purpose of engaging in any moval of directors may be contained in articles. (490.808). Informal action of board of lawful business unless more limited purpose is set forth in articles of incorporation. directors or committee thereof can be formalized by consent in writing to such action (490.301). by all entitled to vote. (490.821). Name.—Names of domestic and foreign corporations must include word ‘‘corpora- Articles of incorporation may contain provision eliminating or limiting personal li- tion,’’ ‘‘company,’’ ‘‘incorporated,’’ or ‘‘limited,’’ or abbreviation thereof. (401). Such ability of director to corporation or its shareholders for monetary damages for business name may be registered, and a domestic or foreign corporation may also file with decisions as director, provided that provision does not eliminate or limit liability of Secretary of State fictitious name, other than corporate name, under which it will do director for breach of director’s duty of loyalty to corporation or its shareholders, for business. (490.401-403). acts/omissions not in good faith or which involve intentional misconduct of knowing Secretary of State will indicate, without fee, whether corporate name available. violation of law, for transaction from which director derives improper personal benefit, To reserve corporate name, file with Secretary of State application to reserve specified or under 490.833 (liability for unlawful distribution). (490.831). corporate name, executed by applicant. If available, Secretary will reserve same for Unless articles of incorporation or bylaws require different number, quorum of fixed exclusive use of applicant for 120 days. (490.402). number board of directors is majority. (490.824). Term of corporate existence of domestic corporation may commence on any date, Officers.—Corporation has officers described in its bylaws or appointed by board in within 90 days of filing of articles, specified in articles and in certificate issued by accordance with bylaws. (490.840). Any one or more offices may be held by same person. Secretary of State, and is deemed perpetual unless otherwise specified in articles. In (490.840). absence of specification of future date, existence commences on date and time of filing Dividends.—Board of directors may authorize and corporation may make distributions of Articles of Incorporation. (490.123, 490.203, 490.302). to shareholders subject to restriction by articles of incorporation. Also, no distribution Incorporators.—Corporation need have only one incorporator. (490.201). may be made if, after giving effect, either (1) corporation would not be able to pay its debts as they become due in usual course of business or (2) corporation’s total assets Articles of Incorporation.—Articles must contain certain items specified by statute. would be less than sum of its total liabilities plus, unless articles permit otherwise, (490.202). amount that would be needed, if corporation dissolved at time of distribution, to satisfy Filing Requirements.—To be entitled to be filed in office of Secretary of State, preferential rights of shareholders whose rights are superior to those receiving distri- document must contain information required by chapter, be typewritten or printed, be in bution. (490.640). Share dividends may also be issued. (490.623).

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–1 BUSINESS ORGANIZATIONS MARTINDALE-HUBBELL LAW DIGEST - 2008

CORPORATIONS . . . continued Pay-on-Death Account.—State bank may receive deposit with provision that upon Unclaimed Dividends.—See category Property, topic Absentees, subhead Escheat. death of depositor account shall be property of designee, subject to debts and charges Reports.—Annual report due between Jan. 1 and Apr. 1. (490.1622). Fee for filing of depositors and payment of Iowa inheritance tax. (524.805). annual report is determined by Secretary of State. (490.1622). If not filed within time See also Uniform Commercial Code. (554). allowed by notice, certificate may be cancelled. (490.1420). Unclaimed Deposits.—Revised Uniform Disposition of Unclaimed Property Act Dissent and Appraisal Rights.—Shareholder is entitled to dissent from and obtain adopted, with some modifications. (556). payment of fair value of shareholder’s shares in event of certain corporate actions. Collections.—Uniform Commercial Code adopted. (554). (490.1302). Trust Companies. Foreign corporations shall not transact business in Iowa until they obtain certificate —Trust company existing and operating on Jan. 1, 1970 and which of authority from Secretary of State. (490.1501). Statute outlines activities which do not was authorized to act only as trust company may continue to act only in fiduciary constitute ‘‘transacting business’’ under statute. (490.1501). capacity according to terms of its articles of incorporation. Articles of incorporation of trust company may be renewed in perpetuity. See §524.1005. Dissolution.—Statutes provide that incorporators, initial directors (490.1401), board of directors and shareholders (490.1402), Secretary of State (490.1420), or court (490.1430) Electronic Transactions.—Uniform Electronic Transactions Act. (554D). may dissolve corporation. BILLS AND NOTES: Poison Pill Defense.—Terms and conditions of stock rights or options issued by corporation may include restrictions or conditions that preclude or limit exercise, transfer, Uniform Commercial Code adopted. See topic Commercial Code. or receipt of such rights or options by person or group of persons owning or offering to Recitals.—No special requirements as to recitals in notes given for particular purposes acquire specified number or percentage of outstanding common shares or other securities or based on particular considerations. of corporation, or transferee of offeror, or that invalidate or void such stock rights or options held by offeror or transferee of offeror. (490.624A). Attorney fee clauses are enforceable, with fee to be determined by court. (625.22). Income Tax on Corporations.—See category Taxation, topic Income Tax. Affidavit showing no improper fee-sharing arrangement and that requested compensation for services actually rendered must be filed prior to any fees being taxed. (625.24). Professional Corporations.—Corporation may be formed under general corporation Reasonable opportunity to pay indebtedness before action brought required with some law (490, 496C.3) for purpose of qualifying as professional corporation to render specific exceptions. (625.22). professional service. Certificate of incorporation must be obtained from Secretary of State. All shareholders, directors and officers must be licensed professionals. (496C.16). BILLS OF LADING: Professions which may incorporate: certified public accountancy, architecture, chiro- practic, dentistry, physical therapy, psychology, professional engineering, land surveying, See topic Carriers. landscape architecture, law, medicine and surgery, optometry, osteopathy, osteopathic medicine and surgery, accounting practitioner, podiatry, real estate brokerage, speech BILLS OF SALE: pathology, audiology, veterinary medicine, pharmacy and practice of nursing. (496C.2[4]). See topic Sales. Limited Liability Companies.—See topic Limited Liability Companies. BLUE SKY LAW: Deeds.—See category Property, topic Deeds. See topic Securities. Model Non-Profit Corporation Act not adopted. BROKERS: JOINT STOCK COMPANIES: Real estate brokers and salesmen must be licensed by Iowa Real Estate Commission. No statutory provisions. Commission may after hearing, deny, suspend or revoke license. Nonresident may be Professional Corporations.—See topic Corporations, subhead Professional Corpora- licensed if he has license issued by state of domicile and has an active place of business tions. in such state, and consents that process against him may be served on chairman of commission. (543B). LIMITED LIABILITY COMPANIES: See also topic Securities; category Insurance, topic Insurance Companies. Limited liability companies may generally be formed for any lawful purpose. Uniform Commercial Code adopted. (554). See topic Commercial Code. (490A.201). Articles must state name of LLC, name and address of registered agent, address of principal office, period of duration, and may state other provisions. BULK SALES: (490A.303). Members or management of entity formed under Iowa LLC Act will have limited liability unless otherwise provided in articles. (490A.601). LLC’s can be dis- Art. 6 of Commercial Code (Bulk Transfers) repealed Jan. 1, 1995. solved under multiple conditions. (490A.1301). CARRIERS: PARTNERSHIPS: Iowa Department of Transportation has general supervision of all carriers within state. Uniform Partnership Act adopted. (486A). Uniform Limited Partnership Act (1976) adopted with modifications. (488). Uniform Commercial Code adopted. (554). See topic Commercial Code. Property Damage Claims.—Department of Transportation is to prescribe by rule, pursuant to §17A, regulations necessary for orderly disposition of claims arising from BUSINESS REGULATION AND loss or damage to property tendered for transportation. (327D.160). COMMERCE Limiting Liability.—Contract may not exempt common carrier from any liability which would exist had no contract been made except as may be provided for liability BANKS AND BANKING: for property loss by order of regulation board. (327D.187). Regulated by Iowa Banking Act of 1969 (524) and Uniform Commercial Code (554). Bills of Lading.—Uniform Commercial Code adopted. (554). See topic Commercial (Revised c. 3 and 4, 1994). Code. Uniform Common Trust Fund Act not adopted. Liens.—Uniform Commercial Code adopted. (554). See topic Commercial Code. Powers.—State banks may be authorized by superintendent of banking to act in a fiduciary capacity. Bank has rights which an individual has in such capacity; however, Motor Vehicle Carriers.—See category Transportation, topic Motor Vehicles. superintendent of banking may limit such authorization to such capacities as he deems appropriate. (524.1001). COMMERCIAL CODE: Foreign Banks.—Person other than state bank which is subject to provisions of this Uniform Commercial Code adopted. (554). Section numbers will not include dashes chapter, and national bank authorized by laws of U.S. to engage in business of receiving that appear in Uniform Code. Thus, Section 1–101 of Uniform Commercial Code will money for deposits, shall not engage in this state in business of receiving money for be Iowa Code Section 554.1101, etc. deposit, transact business of banking or lawfully establish in this state place of business Material Variations from 1962 Text.— for such purpose. (524.107). §1-209—1966 Official Optional Amendment enacted. Fiduciary Powers.—See category Estates and Trusts, topic Executors and Adminis- §2-318—1966 Official Optional Amendment Alternative C enacted. trators, subhead Eligibility. §2-702—1966 Official Amendment enacted. Liability of Shareholders.—Holder of shares of state bank under no obligation to §2-725(1)—First sentence omitted. Ordinary statute of limitations will govern. See state bank or creditors with respect to such shares, except as provided in 524.521 or category Civil Actions and Procedure, topic Limitation of Actions. 524.525. Subscriber to shares same as holders except additional obligation to pay full §2-725(3)—Words ‘‘law or by agreement as provided in’’ added after words ‘‘time consideration for shares prior to issuance. (524.527). limited by.’’ §3—Revised Article 3 adopted. Deposits.— §4—Amended Article 4 adopted. Minors.—Bank may deal with minor with respect to deposits without consent of parent §6—Repealed. as though minor were an adult. Actions of minor with respect to deposits are binding as §7-209—1966 Official Amendment enacted. if he were an adult. (524.805). §9—Revised Article 9 adopted. Joint Accounts.—If deposit is made in name of two individuals, payable to either, or §10-102—No Specific Repealer Provision. to survivor, deposit may be paid to either individual whether other is living or not. (524.806). Minor Variations from 1962 Text have been made in several Sections.

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–2 IOWA LAW DIGEST BUSINESS REGULATION AND COMMERCE

COMMERCIAL CODE . . . continued reduced rate due to cessation of business operations and after such advertisement to Blanks Filled Up.— remain in business under same or substantially same ownership or trade name or continue Section Action Taken to offer for sale same type merchandise at same location for more than 120 days. (714.16[2][c]). Not permissible to offer or advertise within Iowa for sale or lease certain 554.9201(2) Chapter 537 or any other statute or regulation of subdivided lands without first filing with real estate commission true and accurate copies this state that regulates the rates, charges, agree- of all road plans, plats, field notes and diagrams of water, sewage and electric power lines ments, and practices for loans, credit sales, or as they exist at time of filing. (714.16[2][d]). Attorney General may require sellers to file other extensions of credit, and to any consumer reports on facts and circumstances surrounding sales and advertisements and examine protection statute or regulation. individuals and records. Special civil penalties for consumer fraud against elderly. 554.9501(1)(b), 554.9501(2) Secretary of State. (714.16A). See topics Consumer Credit, Interest, Sales. 554.9406 on a form conforming to standards prescribed by Plain Language.—No Plain Language statute. the secretary of state shall be five dollars, or if such statement otherwise conforms to the require- CONTRACTS: ments of this section six dollars. Uniform Commercial Code adopted. (554). See topic Commercial Code. 1972 Official Amendments.—Adopted. Filing fee for release of collateral filed elec- See topic Frauds, Statute of; categories Documents and Records, topic Seals; Family, tronically in office of Secretary of State is $8 if statement is in standard form, and topic Infants. otherwise $10. 1973 Official Amendment not adopted. FACTORS: 1977 Official Amendments not adopted. Consignments of merchandise which are to be sold by the consignee as sales agent Revised Article 9 adopted effective July 1, 2000. for a consignor, reserving the title in the latter, are recognized and the common law of See Uniform and Model Acts section for 1962 Official Text of Uniform Commercial factors and bailees applies. Code. Lien.—Uniform Commercial Code adopted. (554). See topic Commercial Code. Forms.—See end of this Digest. Uniform Commercial Code adopted. (554). See topic Commercial Code. See also topics Banks and Banking, Bills and Notes, Brokers, Carriers, Contracts, Factors, Frauds, Statute of, Sales, Securities, Warehousemen; categories Business Or- FRANCHISES: ganizations, topic Corporations; Civil Actions and Procedure, topic Limitation of Actions; Debtor and Creditor, topics Assignments, Fraudulent Sales and Conveyances, Liens, §523H governs insurance franchises. §537A.10 applies to other franchises whose Pledges; Documents and Records, topics Records, Seals; Mortgages, topic Chattel Mort- agreements were entered into on or after July 1, 2000. gages. Franchise may be transferred subject to certain conditions. (537A.10[5]). Existing franchisee may sue for encroachment if another franchisee’s new outlet has adverse effect CONDITIONAL SALES: on gross sales of existing franchisee’s outlet. (537A.10[6]). Generally, franchise cannot be terminated prior to expiration of its terms without good cause. (537A.10[7]). Non- See topic Sales. renewal of franchise requires six months notice or good cause. (537A.10[8]). Generally, franchisor cannot dictate source of goods or services. (537.10[9]). CONSIGNMENTS: See topic Factors. FRAUDS, STATUTE OF: No evidence of following classes of contracts is competent, unless in writing, signed CONSUMER CREDIT: by party to be charged, or his authorized agent: (1) Those in consideration of marriage; Iowa has enacted consumer credit code patterned after uniform act. (537). Major (2) when one person agrees to answer for debt, default of miscarriage of another; (3) for variance from uniform act is section regulating debt collection practices. Section applies creation or transfer of interest in lands, except leases for a term not exceeding one year, to all debt collectors including attorneys who send collection letters or contact debtors. except where purchase money, or a part thereof, has been received by vendor, or where Debt collector not to collect or attempt to collect debt by illegal threat, coercion or vendee, with actual or implied consent of vendor, has taken and held possession under attempt to coerce. (537.7103[1]). Illegal threat, coercion or attempt to coerce under contract, or where there is any other circumstance, which, by law heretofore in force, section defined as: Use or threat of use of force, violence or other criminal means, to would take it out of statute; (4) those not to be performed within one year from making cause harm to person or property; false accusation or threat to falsely accuse person of thereof. But in any of above cases opposite party may be called as a witness and contract fraud or other crime; false accusations made to person, including credit reporting agency, proven by his oral testimony. (622.32-.35). or threat to falsely accuse, that debtor is willfully refusing to pay just debt (failure to reply to requests for payment and failure to negotiate disputes in good faith are deemed Uniform Commercial Code adopted. (554). See topic Commercial Code. willful refusal); threat to sell or assign to another obligation of debtor with attending representation or implication that result of sale or assignment will be to subject debtor INTEREST: to harsh or abusive collection attempts; false threat that nonpayment of debt may result (535). See also topic Consumer Credit. in arrest of person or seizure, garnishment, attachment or sale of property or wages; Judgments.—Variable rate tied to latest average auction price of 52 week U.S. Trea- action or threat of action prohibited by consumer credit code or other law. sury bills plus 2% unless different rate (not exceeding maximum under 535.2) is ex- (537.7103[1][a]-[f]). pressed in contract on which judgment is based, in which case judgment should express Debt collector not to oppress, harass, or abuse person in connection with collection such rate. (535.3, 668.13). Interest on tort claims shall accrue on judgment from date or attempted collection of debt. Oppressive, harassing or abusive under this section action was commenced. (668.13). defined by: (537.7103[2][a]-[d]). Debt collector not to disseminate or communicate information relating to debt or Finance Charges.—2% of loan principal where loan processing fee on loan for debtor. Dissemination/communication described in 537.7103(3). purchase of one or two family owner occupied dwelling. (535.8). Debt collector not to use fraudulent, deceptive or misleading representation or means 1% of amount refinanced or assumed where loan processing fee on refinancing or to collect or attempt to collect debt or to obtain information concerning debtors. assumption of existing loan on one or two family owner occupied dwelling. (535.8). (537.7103[4][a]-[i]). 10% computed by add-on or discount method where loan from industrial loan com- Additional prescribed conduct described in (537.7103[5][a]-[e]). pany. (536A.23[1]). Debt collector not to use or distribute, sell, or prepare for use, written communication Accounts receivable in absence of written agreement: Closed-end transaction up to that violates or fails to conform to U.S. postal laws and regulations. (537.7103[6]). $35,000, 21% with proper notice; closed-end transaction over $35,000, no maximum Debt collector not to collect or attempt to collect charges from employee or employee’s level with proper notice; open-end transaction, 18% on initial $500 and 15% on any dependents for treatment rendered to employee by any health service provider, after excess balance with proper notice. (535.11). receiving actual notice that contested case proceeding for determination of liability of Automobile installment sales: New autos, 21%; autos not more than two years old, workers’ compensation benefits is pending as provided in c. 85.27, subsection 6. 24%; autos over two years old, 27%. (537.7103[7]). Mobile and modular home sales contracts, 21% irrespective of age. (321). Semi-tractor and travel trailer installment sales: New vehicles, 21%; vehicles not more Exclusions from Act are: (1) Extensions of credit to government agencies or instru- than two years old, 24%; vehicles more than two years old, 27%. (321). mentalities, (2) sales of certain insurance, (3) transactions regulated by public utility or Finance charge for consumer loans or sales pursuant to open-end credit, see topic: common carrier tariffs regulated by state or federal government, (4) transactions in Consumer Credit, subhead Maximum Annual Interest Rates. securities and commodities with registered broker dealer, (5) credit extended by pawn Finance charge for consumer loans or sales not pursuant to open-end credit, 21%. brokers under certain circumstances and to certain extents. (537.1202). (537.2201[2], 2401[1]). Maximum annual interest rates as follows: Consumer credit sale or loan other than Finance charge for loan secured by certificate of title to motor vehicle used for person, one pursuant to open end credit: maximum charge permitted by U.S. law not to exceed family, or household purposes—21%. (537.2403[1]). 21%. (537.2201[1]-[2]). Usury.—Where contract sued on is usurious, plaintiff can have judgment only for Consumer credit sale or loan pursuant to open end credit: see 537.2202. principal debt without interest or costs, and judgment is entered in favor of state against CONSUMER PROTECTION: defendant for 8% per annum on amount of judgment. (535.5). Consumer fraud section in Iowa Code. (714.16). Unlawful to use deception or fraud LICENSES, BUSINESS AND PROFESSIONAL: in sale or advertisement of merchandise. (714.16[2][a]). Unlawful to advertise or sell merchandise at price or with rebate or other consideration to purchaser contingent upon Licenses and permits from different authorities, on varying conditions and at various procurement of prospective customers by purchaser and any obligation incurred in such fees, are required for a large number of occupations and activities. manner completely void. (714.16[2][b]). Unlawful to advertise sale of merchandise at Commercial travelers need not be licensed.

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–3 BUSINESS REGULATION AND COMMERCE MARTINDALE-HUBBELL LAW DIGEST - 2008

LICENSES, BUSINESS AND PROFESSIONAL . . . continued two years after title transferred and must be leased for farming purposes in interim; Collection Agencies.—Certain prohibited debt collection practices specified by statute. agricultural land acquired primarily for research or experimental purposes used for (537.7103). Civil penalties and injunctive relief authorized. (537.6111, 537.6113). See testing, development, or production of seeds, or until July 1, 2001, to develop breeding topic Consumer Credit. stock; or plants for sale or resale to farmers, or for incidental activities; nor to interest in agricultural land, not to exceed 320 acres, acquired for immediate or pending use other MONOPOLIES, RESTRAINT OF TRADE AND COMPETITION: than farming. (567.3, am’d 1986, c. 1217). If more than 320 acres of agricultural land Combination to regulate or fix price of commodity or limit quantity to be manufac- is lawfully owned on Jan. 1, 1980, additional agricultural land must not be purchased or tured, produced or sold prohibited. Party to such combination guilty of conspiracy. (553). acquired except by devise or descent from nonresident alien. (9I.3). Combination restraining or preventing full and free competition in trade prohibited (553.4 Nonresident aliens, corporations organized or owned as above-mentioned or foreign & .5) but labor unions excepted (553.6[1]). Violations punishable by fine and impris- governments which acquire agricultural land or interest in agricultural land by devise or onment. (553.12-.14). descent after Jan. 1, 1980, must divest selves of all right, title and interest in land within two years from date of acquisition. Agricultural land acquired by nonresident alien by NEGOTIABLE INSTRUMENTS: devise or descent from nonresident alien will not have to be divested if such land or See topic Bills and Notes. interest in such land was acquired by any nonresident alien prior to July 1, 1979. (9I.5). Nonresident aliens, or corporations organized or owned as above-mentioned or foreign RESTRAINT OF TRADE: governments must not transfer title to or interest in agricultural land to nonresident aliens, corporations organized or owned as above-mentioned or foreign governments except by See topic Monopolies, Restraint of Trade and Competition. devise or descent. (9I.3). Certain authorized farm corporations and authorized trusts may not acquire or lease SALES: more than 1,500 acres of agricultural land, upon certain conditions. (9H). Uniform Commercial Code adopted. (554). See topic Commercial Code. Effective July 1, 2001, nonresident aliens may no longer acquire or lease agriculture Product Liability.—Common law rules prevail except as modified by Uniform Com- land used primarily for testing, developing, or producing animals, subject to exceptions. mercial Code. Privity abolished by decision at least in certain situations. (252 Ia. 1289, (9I.3[3][d][b]). 110 N.W. 2d 449). Effective for claims arising on or after July 1, 1986, retailers immune from strict liability or breach of implied warranty which arise solely from alleged defect in original design or manufacture of product. (613.18). See category Civil Actions and CIVIL ACTIONS AND PROCEDURE Procedure, topic Damages. Retail Credit Sales.—No special restrictions. See also topic Consumer Credit. ACCORD AND SATISFACTION: Consumer Protection.—Sale of merchandise with a rebate contingent upon procure- Common law rules govern except as modified by Uniform Commercial Code. See ment of prospective customers by purchaser is unlawful unless in writing and made part category Business Regulation and Commerce, topic Commercial Code. Defense must be of sales contract. (714.16[2][b]). See also topics Consumer Credit, Interest. specifically pleaded. (R.C.P. 1.419). ‘‘Unsolicited goods’’ statute adopted. (556A.1). ACTIONS: Bulk Sales.—Art. 6 of Commercial Code repealed. Every proceeding in court is an action either civil, special or criminal. Civil actions Sales of Motor Vehicles.—See category Transportation, topic Motor Vehicles, sub- are of two kinds, ordinary or equitable. Cases formerly cognizable in equity are tried as head Sales. equitable proceedings and all others by ordinary proceedings. (611.1-.3). SECURITIES: Equity.—A plaintiff may prosecute an action by equitable proceedings in all cases where courts of equity had jurisdiction before adoption of code. (611.4). Mortgages and Uniform Securities Act adopted, effective Jan. 1, 1976. See Uniform and Model Acts deeds of trust are foreclosed (611.5) and mechanics’ liens enforced (572.26) by equitable section. (502.101-.612). proceedings. Major departures from Uniform Act: Broker-dealers and agents’ licenses expire on Sept. 30 of each year. Persons filing with SEC under Regulation A may become registered Commencement.—See topics Pleading, Process. by coordination in Iowa. Registration of securities is perpetually effective. Registration Parties.—Every action must be prosecuted in the name of the real party in interest. of equity securities under qualification provisions limited to aggregate of $2,000,000. No (R.C.P. 1.201). Any person may be made a defendant who has or claims an interest in registration by notification section. Administrator may deny securities registration if it is controversy adverse to plaintiff, or is a necessary party to complete determination or found to be unfair or inequitable. Limited offering exemption available if not more than settlement of question involved. (R.C.P. 1.234). 35 purchasers, exemption not available for oil, gas and mining leases or for partnerships formed in foreign jurisdictions. Mergers, reorganizations, and stock dividends treated as Class Actions.—(R.C.P. 1.261). If persons composing class are so numerous that it is exempt transactions. Additional prohibitions include trading on inside information, mar- impracticable to bring all before Court through joinder, such number of them as will ket manipulation, use of manipulative devices by broker-dealers, misstatements in pub- insure adequate representation of all may sue or be sued on behalf of all, where question licity, and employees of administrator using official capacity to promote security. Con- of law or fact exists that is common to class. (R.C.P. 1.407[1]). tains varying statutes of limitations depending upon alleged violation and its discovery. Intervention.—Any person has intervention by right if statute confers unconditional Registration by coordination automatically effective if it has been on file with admin- right to intervene, or person has interest and disposition of matter may impair person’s istrator for 20 days. ability to protect interest. Model State Commodity Code, adopted Apr. 16, 1990. (502A.1-22). Any person may be permitted to intervene if statute confers conditional right to Uniform Simplification of Fiduciary Security Transfers Act repealed. intervene, or person’s claim or defense has common question of law or fact. (R.C.P. 1.407[2]). Uniform Commercial Code adopted (554). See topic Commercial Code. Interpleader.—A person who is or may be exposed to multiple liability or vexatious Uniform Securities Ownership by Minors Act not adopted. litigation because of several claims for the same thing, may bring an equitable action of See also topic Consumer Protection. interpleader against all such claimants. Their claims or titles need not have a common origin nor be identical, and may be adverse to or independent of each other. Such person STATUTE OF FRAUDS: may dispute liability, wholly or in part. (R.C.P. 1.251). See topic Frauds, Statute of. Joinder.—Plaintiff may join in same petition as many causes of action, legal or TRUST RECEIPT SECURITY: equitable, independent or alternative, as there are against single defendant. (R.C.P. 1.231). Any number of persons claiming relief jointly, severally or alternatively, arising See category Debtor and Creditor, topic Pledges. out of same transaction may join as plaintiffs in single action, presenting any question Uniform Commercial Code adopted. (554). See topic Commercial Code. of law or fact common to all of them. (R.C.P. 1.232). Any number of defendants may be joined in one action which asserts against them, jointly, severally or in alternative, any WAREHOUSEMEN: right to relief in respect of, or arising out of same transaction, when any question of law Uniform Commercial Code adopted. (554). See topic Commercial Code. or fact common to all is presented. (R.C.P. 1.233). Misjoinder is not ground for dismissal of action, but parties may be dropped by order of court on its own motion or that of any party at any stage of action. Actions improperly joined may be severed on motion. (R.C.P. CITIZENSHIP 1.231-1.233, 1.236). Splitting Causes of Action.—Highly disfavorable in Iowa. (158 N.W.2d 739). ALIENS: Consolidation of Actions.—Unless some party shows party will be prejudiced Foreigners who are, or may hereafter become residents of this State, shall enjoy same thereby, court may consolidate separate actions which involve common questions of law rights in respect to possession, enjoyment and descent of property, as native born citizens. or fact, or order single trial of any or all issues therein. In such cases it may make such (IA Const. Art. 1, §22). orders concerning proceedings as tend to avoid unnecessary cost or delay. (R.C.P. 1.913). Agricultural Land.—Nonresident aliens, or corporations organized or owned as above-mentioned or foreign governments, may not purchase or acquire agricultural land Severance of Actions.—In any action, the court may for convenience or to avoid after Jan. 1, 1980. Agricultural land owned or held on Jan. 1, 1980 may continue to be prejudice, order a separate trial of any claim, counterclaim, cross-claim, or of any owned or held. (9I.3). separate issue, or any number of any of them. Any claim against a party may be thus Restriction set forth above does not apply to agricultural land acquired by devise or severed and proceeded with separately. (R.C.P. 1.914). descent; bona fide encumbrance taken for purposes of security; agricultural land acquired Stay of Proceedings.—A continuance may be allowed for any cause not growing out by process of law in collection of debts, by deed in lieu of foreclosure, pursuant to of the fault or negligence of the applicant, which satisfies the court that substantial justice forfeiture of contract for deed, or by any procedure for enforcement of lien or claim on will be more nearly obtained. It shall be allowed if all parties so agree, and the Court land, however, agricultural land so acquired must be sold or otherwise disposed of within approves. (R.C.P. 1.911).

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–4 IOWA LAW DIGEST CIVIL ACTIONS AND PROCEDURE

ACTIONS . . . continued Review.—Appeal to Supreme Court lies from judgment of district court and is gov- Abatement.—No action abates by the transfer of any interest therein during its erned by rules applicable to appeals in ordinary actions. No writ may issue unless petition pendency. (R.C.P. 1.222). All causes of action survive death, and action may be begun is filed within 30 days from time inferior tribunal exceeded its jurisdiction. (R.C.P. or continued by or against personal representative. (611.20, .22). 1.1412). Prohibited Actions.—No action may be brought to renew or extend judgment on promissory obligation secured by mortgage or in real estate foreclosure or on a claim for CHARITABLE IMMUNITY: rent or judgment assigned by receiver of closed bank or federal governmental agency to See topic Damages. which bank or receiver is indebted, or on credits assigned by such receiver when the assignee is not trustee for depositors or creditors. (615). COMMISSIONS TO TAKE TESTIMONY: Limitation of.—See topics Limitation of Actions, Pleading, Practice. See topic Depositions and Discovery. Small Claims.—See category Courts and Legislature, topic Courts. COMPARATIVE NEGLIGENCE: Administration.—See category Estates and Trusts, topic Executors and Administra- See topic Damages. tors. Direct Actions Against Insurer.—See category Transportation, topic Motor Vehicles, COSTS: subhead Direct Actions. Costs generally are awarded in favor of prevailing party. (625.1). APPEAL AND ERROR: Security for Costs.—Where plaintiff in action in district court is nonresident or private or foreign corporation, defendant may, on motion, require plaintiff to file bond for costs, Supreme Court.—Appeals may be taken from district courts to Supreme Court, at any to be approved by clerk. (621.1). time within 30 days from rendition of judgment or order appealed from where an interest in real estate is involved or where amount in controversy exceeds $6,000 or where DAMAGES: Supreme Court certifies that case is one in which appeal should be allowed. Review by Supreme Court of small claims is discretionary. Interlocutory appeals may be allowed by Multiple Exemplary Damages.—Common law generally prevails as to compensatory Supreme Court or justice thereof. When motion for new trial is filed, time is extended damages. Multiple or exemplary damages are permitted by statute for waste or malicious to 30 days after entry of ruling on such motion. (R.A.P. 6.1-6.5). or wanton injury to property (658.1A); for certain deceits by attorneys (602.10113); for certain violations by rail carriers (327G.7); for malicious attachment (639.14); for libel Court of Appeals.—Appeals to Supreme Court may be transferred by supreme court and slander (659.3); and under common law where malice, recklessness, fraud or gross to court of appeals by issuing order of transfer. Party to appeal decided by court of negligence are proven. appeals may, as matter of right, file application with supreme court for further review Punitive Damages. within 20 days of filing of decision by court of appeals upon payment of $25 fee. —Where plaintiff seeks punitive damages in action filed on or after July 1, 1986, court shall instruct jury to answer following interrogatories: (1) Was District court has jurisdiction in appeals and writs of error taken in civil and criminal defendant’s conduct willful and wanton, to be proven by preponderance of clear, con- actions and special proceedings authorized to be taken from tribunals, boards, or officers vincing and satisfactory evidence; (2) was defendant’s conduct specifically directed at under laws of this state, and has general supervision thereof, in all matters, to prevent plaintiff. If (1) and (2) both affirmative, all punitive recovery goes to plaintiff. If (1) and correct abuses where no other remedy is provided. (602.6102). affirmative and (2) negative, plaintiff recovers 25% of punitive findings and remaining Stay of Proceedings.—No appeal to Supreme Court shall stay proceedings under a 75% goes to state fund. Plaintiff cannot discover defendant’s wealth until plaintiff es- judgment or order unless appellant executes a bond with sureties to be filed with and tablishes prima facie evidence exists for affirmative finding to interrogatory (1). (668A.1). approved by clerk of court where judgment or order was entered. If judgment or order Party may petition court to pay judgment on structured, periodic or other non-lump appealed from is for money, penalty of such bond must be at least 110% of amount, sum payment basis. Collectibility and equitable considerations govern. (668.3[7]). including costs; in all other cases an amount sufficient to save appellee harmless from Charitable immunity abrogated as to paying hospital patients. (241 Ia. 1269, 45 N.W. consequences of appeal, but in no event less than $1,000. (R.A.P. 6.7). 2d 151). Appeal Cost Bond.—Appellant may be required to give bond for costs under the same Product Liability.—Person not manufacturer, assembler or designer who sells product circumstances and upon the same showing as plaintiffs in civil actions in the inferior is immune from suit based on strict liability or breach of implied warranty of mer- court may be. See topic Costs, subhead Security for Costs. (625A.12). chantability which arises solely from alleged defect in original design or manufacture of Character of Hearing.—Equity cases are heard de novo in appellate courts and product, with some exceptions. (613.18). Supreme Court. In other cases, errors at law only are reviewable. (R.A.P. 6.4). Collateral Source Rule Partially Abolished in Personal Injury Actions.—Evidence Discretionary Review by Supreme Court.—Civil actions tried as small claims may of past or future payment, from sources other than state or federal program or claimant’s be appealed for discretionary review to Supreme Court. (631.16). immediate family, of expenses of medical, rehabilitative, and custodial care is admissible. (668.14). This rule has been abolished in medical malpractice actions. (147.136). BONDS: Comparative Negligence Rule.—Comparative fault statute enacted in 1984. Fault Executors’, administrators’, guardians’ and receivers’ bonds are fixed by judge or clerk means one or more acts or omissions that are in any measure negligent or reckless toward of district court and sureties approved by clerk. (633.170). Other bonds are fixed by person or property of actor or others, or that subject person to strict tort liability. statute, and generally sureties must be approved by clerk of district court. (633.171). (168.1[1]). Term also includes breach of warranty, unreasonable assumption of risk not However, in case of indemnifying bond given to sheriff under execution and attachment constituting enforceable express consent, misuse of product for which defendant other- proceedings, sureties are approved by sheriff. wise would be liable, and unreasonable failure to avoid injury or to mitigate damages. (668.1[1]). Sureties.—Any company which shall execute any bond as surety for fiduciaries shall Party means any of following: (1) Claimant; (2) person named as defendant; (3) person be estopped, in any proceeding to enforce liability which it shall have assumed to incur, who has been released pursuant to §668.7; (4) third-party defendant. (668.2). to deny its corporate power to execute such instrument or assume such liability; and Contributory fault shall not bar recovery in action by claimant to recover damages for private property of stockholders shall be liable for debts of corporation to full amount fault resulting in death or injury to person or property or to recover damages for loss of of capital stock held by such stockholders. (636.22). services, companionship, society, or consortium, unless claimant bears greater percentage All agents for surety company licensed to do business in Iowa must be resident of Iowa of fault than combined percentage of fault attributed to defendants, third-party defendants for purpose of acting on behalf of surety company with respect to any bond or bail in and persons who have been released pursuant to §668.7, but any damages allowed shall criminal cases. (636.11). be diminished in proportion to amount of fault attributable to claimant. (668.3[1][a] and See also category Insurance, topic Surety and Guaranty Companies. [b]). Enforcement.—Action on a bond given to the state, any municipal corporation or any Rule of joint and several liability shall not apply to defendants who are found to bear officer for the security of the public may be brought in name of any person intended to less than 50% of total fault assigned to all parties. Defendants found 50% or more at fault be secured who has sustained an injury by any breach. (R.C.P. 1.202). Summary en- are jointly and severally liable only for economic damages and not for any noneconomic forcement may be had in undistributed estates. (633.186[2]). awards. (668.4). For cause of action arising on or after July 1, 1986, nonuse of safety belt admissible CERTIORARI: to mitigate damages, provided substantial evidence first introduced that failure to wear Writ is not a substitute for appeal or writ of error, but may be granted where statutorily safety belt contributed to injuries claimed. Maximum mitigation reduced factor of 5% of permitted and in all cases where an inferior tribunal, board or officer, exercising judicial plaintiff’s damages. (321.445). functions is alleged to have exceeded its proper jurisdiction, or otherwise acted illegally. Comparative fault percentage not assigned if defendant pleads and proves product (R.C.P. 1.1401). conformed to state of the art. However, duty to warn still applies to subsequently acquired knowledge of defect or dangerous condition. (668.12). Jurisdiction.—Writ may be granted only by district court acting through district judge Sovereign Immunity.—Suits against State of Iowa are governed by c. 669 of Iowa unless it is directed to that court, district judge, or district associate judge, and then by Code. Notice of claim must be given within two years or barred. supreme court or justice thereof. Only district court acting through district judge may See also category Estates and Trusts, topic Death, subhead Action for Death. grant writ directed at judicial magistrate appointed pursuant to 602.6402 or 602.6403. (R.C.P. 1.1404). No Fault Insurance.—See category Transportation, topic Motor Vehicles. Proceedings.—By ordinary proceedings so far as applicable. (R.C.P. 1.1402[2]). Court DECLARATORY JUDGMENTS: may receive transcript of original proceedings and other evidence, but may consider only legality of original proceedings and sufficiency of evidence therein. (R.C.P. 1.1402[3]). Uniform Act substantially adopted. (R.C.P. 1.1101-1.1109). Court or justice granting writ may stay original proceedings, though no stay is sought. When sought by plaintiff, stay can be granted only on plaintiff’s filing bond with penalty DEPOSITIONS AND DISCOVERY: and conditions, including security for costs, prescribed by court or justice, and with Deposition of any person may be taken on any relevant matter, not privileged, for sureties approved by it or its clerk. (R.C.P. 1.1405). discovery or for use as evidence. (R.C.P. 1.701-703, 1.705). Federal R.C.P. 30(a)-(b)(5),

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DEPOSITIONS AND DISCOVERY . . . continued amination of said witness, I took and subscribed the oath above set forth to take down 30(c), 30(d), 30(e), 30(f)(1)(2), 30(g), and 45(b) were substantially adopted effective July and transcribe correctly the testimony of said witness; that pursuant thereto I correctly 1, 1973. took down the interrogatories and answers of said witness thereto in shorthand, that I Oral depositions may be taken only in Iowa or within 100 miles from the state, except correctly transcribed said shorthand notes and that the full, true and complete translation on motion and notice of hearing. (R.C.P. 1.701). Court may order such deposition taken thereof in the order in which said interrogatories were propounded and answered is as orally if sufficiently important and written interrogatories are not desirable. (R.C.P. in said deposition set forth. 1.701). Conduct of oral deposition is as follows: Deponent first sworn in by officer taking (Jurat) ...... deposition, testimony then taken including any objections thereto, including objections Certificate of Commissioner. to officer’s qualifications. Any adverse party may cross-examine or submit written in- —I,....,ofthecity of ....,county of ....,state terrogatories which the officer will put to deponent, whose answers will be recorded. of....,commissioner duly appointed as aforesaid to take the deposition of said ...., (R.C.P. 1.707-1.708). Telephonic depositions may be taken upon reasonable notice. Ab- the witness whose name is subscribed to the foregoing deposition, do hereby certify that sent agreement of all parties, reporter must be present with witness. Any desired exhibits previous to the commencement of the examination of said witness, ....,theshorthand must be sent to deponent and parties prior to deposition. Party or counsel may be in reporter called to take the testimony of said witness, was duly sworn by me as such witness’ presence at time of deposition. (R.C.P. 1.701[7]). commissioner to take down and transcribe correctly the testimony of said witness and to correctly translate the shorthand notes thereof and reduce same to writing, and that Compelling Attendance and Testimony of Witnesses.—Attendance of witnesses can also previous to the commencement of the examination of said witness he was duly be compelled by subpoena issued by clerk of court in cases pending in Iowa district court, sworn by me as such commissioner to testify the truth in relation to the matters con- or by officer or commissioner authorized to take deposition, where it may be taken for cerning which he should be interrogated; that said deposition was taken by me at my use in court of any state or country, pursuant to the laws of such state or country. If office(orattheofficeof....)inthecity of ....,county of ....,state of ...., witness fails to attend or refuses to testify, such officer or commissioner can report same onthe....dayof....,A.D. 20....;that I caused all the interrogatories and to a judge of the district court, who may enforce obedience as if such action was pending cross-interrogatories enclosed with or attached to said commission (or in the case of oral in district court or such refusal had occurred in district court. (622.84, .102). No resident interrogatories all the interrogatories directed to be put to said witness by either party of Iowa can be thus compelled to attend out of the county where he resides, or is litigant) to be propounded to said witness; that the testimony of said witness in answer employed, or transacts his business in person (R.C.P. 1.715[2]) except that party can thereto was correctly and fully written down by me (or by ....,adisinterested person normally be deposed in county where action is pending (R.C.P. 1.701, 1.707). under my direction and in my presence) and the said interrogatories and answers were Deposition on written interrogatories may be taken after all parties are served with read over by me to said witness and subscribed and sworn to by him in my presence; copies thereof and with a notice stating name and address of officer taking them and that exhibits ....were offered, identified and received in evidence as a part of said names and addresses of deponents. Officer can be anyone qualified to administer an oath, deposition and said exhibits (or true copies thereof) so marked and identified as exhibits except a party interested in the suit. All parties may elect to appear and orally cross- ....areattached to and returned with said depositions; and that said ....,the examine. Party taking deposition may then waive written interrogatories and examine aforesaid shorthand reporter, made affidavit as above set forth, certifying that the tes- orally. (R.C.P. 1.710-1.713). timony and answers of said witness were correctly taken down and transcribed and that the deposition as above set forth is a true, full and complete translation of said testimony Outside of State for Use within State.—Depositions within U.S. or a territory or as given by said witness. In witness whereof, I have hereunto set my hand and official insular possession thereof may be taken before any person authorized to administer oaths, seal this ....dayof....,A.D.20..... by laws of U.S., Iowa or of place where examination is held. (1.713[3]). Depositions in ...... a foreign land may be taken before secretary of Embassy or legation or consul, vice- Commissioner consul, consul general or consular agent of U.S. (1.713[4]). When witness is in military or naval service of U.S., his deposition may be taken before any commissioned officer CERTIFICATE FOR DEPOSITION under whose command he is serving, or any commissioned officer in Judge Advocate I, the undersigned, a Certified Shorthand Report and Notary Public of the State of General’s department. (R.C.P. 1.713[5]). Iowa, do hereby certify that I acted as the Certified Shorthand Reporter in the foregoing To Perpetuate Testimony.—Court’s common law powers to entertain actions to per- matter at the time and place indicated herein; that I took in shorthand the proceedings petuate testimony are not limited by statute. (R.C.P. 1.721). had at said time and place; that said shorthand notes were reduced to typewriting under Application to take depositions to perpetuate testimony for use in an action not yet my supervision and direction, and that the foregoing pages are a full and correct tran- pending must be entitled in the name of the applicant, be supported by affidavit and show: script of the shorthand notes so taken; that said deposition was submitted to the witness that applicant expects to be party to action in Iowa which cannot correctly be brought, for signature as requested and that any changes, if any, requested by the witness are subject matter of such action and applicant interest therein; facts to be shown by proposed attached hereto. That said deposition was not submitted for review. testimony and reasons for desiring to perpetuate it; name and address of each expected I further certify that I am neither attorney nor counsel for, or related to or employed adverse party; name and address of each deponent and substance of deponent testimony. by any of the parties in the foregoing matter, and further that I am not a relative or Application must be filed with court where prospective action might be brought, and employee of any attorney or counsel employed by the parties hereto, or financially notice and copy of application served on person named in petition as expected adverse interested in this action. party. Deposition is taken in manner hereinbefore outlined. (R.C.P. 1.722-1.728). IN WITNESS WHEREOF, I have hereunto set my hand and seal this .... day The following form may be used: of...... ,20.... Form The deposition of ....,ofthecounty of ....,inthestate of ....,produced, CERTIFIED SHORT HAND REPORTER sworn and examined on his oath on the ....dayof....,A.D. 20....,attheoffice AND NOTARY PUBLIC of....,inthecity of ....,inthecounty of ....,andstate of ....,by...., a commissioner duly appointed by a commission issued from the office of the clerk of the district court of ....county, in the State of Iowa, bearing the signature of ...., EQUITY: clerk, and directed to said commissioner for the examination of said witness in a certain suit and matter in controversy now pending and undetermined in the said court, wherein See topic Actions. ....isplaintiff and ....isdefendant, in behalf of the said ....,both upon the interrogatories of the ....andthecross-interrogatories of the ..... EVIDENCE: Oath of Shorthand Reporter.—State of ....,county of ....,ss:I,....,being first See topic Depositions and Discovery. duly sworn upon my oath do solemnly swear that I will take down and transcribe correctly the testimony of ....,witness, whose deposition is hereinafter set forth. Witnesses.—No person is disqualified as a witness because he is a party to the action ...... or interested in the result thereof. (622.3). Subscribed and sworn to before me this ....dayof....,A.D. 20..... Depositions.—See topic Depositions and Discovery, subhead Compelling Attendance Notary Public in and for said and Testimony of Witnesses. county and state. Expert Witnesses.—In professional liability cases, plaintiff must disclose and certify to Seal. court plaintiff’s expert witness within 180 days of defendant’s answer. Defendant must The said ....,witness as aforesaid, being first duly sworn by said commissioner as disclose within 90 days of plaintiff’s certification. Failure to follow time requirements a witness in said cause previous to the commencement of his examination, to testify the shall bar expert’s testimony, unless leave of court for good cause shown is obtained. Rule truth as well on the part of the plaintiff as the defendant, testified and deposed as follows: not applicable to rebuttal or court appointed experts. (668.11). Medical malpractice (Here set forth first interrogatory, or if upon written interrogatories state same by number; experts must possess medical or dental qualifications which relate directly to medical then insert answer of witness to first interrogatory and so on successively in order in problem at issue. (147.139). which interrogatories propounded and answered. Then follow: ‘‘Cross-interrogatories of Privileged Communications.—Attorney, counselor, physician, surgeon, physician’s as- the....andanswers of the witness thereto.’’ Here again insert interrogatories, or if sistant, advanced registered nurse practitioner, mental health professional, confidential upon written interrogatories state same by number, and answers thereto successively in stenographer or clerk of such person who obtains information by reason of that em- order aforesaid). ployment, minister or priest shall not be allowed, in giving testimony, to disclose any (After deposition is completed, the whole must be reduced to writing and read over confidential communication properly entrusted to person in professional capacity. Such by or to the witness and subscribed and sworn to by him in the usual manner. The prohibition does not apply in civil action to recover damages for personal injury or shorthand reporter, if the testimony is taken in shorthand, and the commissioner should wrongful death in which condition plaintiff in whose favor such prohibition is made is then append to the deposition their respective certificates as follows:) element or factor of claim or defense of such person or party claiming through or under adverse party. Such evidence shall be admissible upon trial of action only as it relates Affıdavit of Shorthand Reporter.—State of ....,county of ....,ss:I,....,ofthe to condition alleged. (622.10). In some cases, communications between taxpayer and city of ....,county of ....,state of ....,being first duly sworn, upon oath state federally authorized tax practitioner relating to tax advice are privileged and confidential. that I was called to the office of ....,inthecity of ....,county of ....,state of (622.10A). ....,totake down and transcribe the testimony of ....,thewitness whose name is Husband and Wife.—In all civil and criminal cases, husband and wife may be wit- subscribed to the foregoing deposition; that previous to the commencement of the ex- nesses for each other. (622.8).

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–6 IOWA LAW DIGEST CIVIL ACTIONS AND PROCEDURE

EVIDENCE . . . continued Action on judgment of court of record may not be brought after 20 years, nor on Neither husband or wife can be examined as to communications made by one to other judgment of court not of record after ten years. (614.1[5], [6]). Action may not be brought while married, nor may either, after marriage relation ceases, reveal such communication. on any judgment within nine years without leave of court. (614.3). (622.9). See also topic Actions, subhead Prohibited Actions. Self-incrimination.—A witness cannot be compelled to answer or produce evidence Assignment.—General assignments of judgments are proper and are recognized the after asserting answer or evidence would tend to incriminate or violate his 5th Amend- same as any other sale of intangibles. ment rights unless he waives rights or is granted immunity under statutory procedure. Where a levy is made on a judgment which is held or owned by the execution debtor, Refusal to testify after grant of immunity is subject to punishment for contempt of court. the sheriff may assign the judgment to the execution creditor, and such assignment has (R. Crim. P. 2.20). the same validity as if made by the execution debtor. (626.21). INJUNCTIONS: Satisfaction of judgment must be acknowledged by filing instrument referring to it. Injunction may be obtained as an independent remedy by an action in equity or as an (624.37). There is no statutory form of satisfaction. auxiliary remedy in any action. In either case the party applying therefor may claim Foreign Judgments.—Suit must be brought on a foreign judgment here in order to damages or other relief in same action. Injunction may be granted as part of the judg- secure judgment thereon in this state. Foreign judgment may be proved by the attestation ment; or may be granted by order at any prior stage of the proceedings, and is then known of the clerk and seal of the court annexed if there be a seal, together with a certificate as a temporary injunction. (R.C.P. 1.1501). of judge, chief justice or presiding magistrate, that the attestation is in due form of law, Writs of injunction may also be obtained in many special cases mentioned in the and the official certificate of a justice of the peace of any state to any judgment and the statute. (R.C.P. 1.1502). preliminary proceedings before him, supported by the official certificate of the clerk of Temporary writs of injunction may be obtained by making application to the proper any court of record, within the county in which said justice resides, stating said justice court or judge, giving notice of hearing to party to be enjoined (or certifying imprac- is an acting justice of the peace of that county, and that the signature to his certificate ticality of notice or attempts thereto) and giving of bond to be fixed by such court or is genuine, is sufficient evidence of such proceeding and judgment. (622.52 et seq.). judge. (R.C.P. 1.1502-1508). Uniform Enforcement of Foreign Judgments Act adopted. Judgment creditor has Self-Incrimination/Civil Liability.—No witness is excused from answering question option to proceed under this Act. (626A.6). upon mere ground that witness would be thereby subjected to civil liability. (622.13). Judgment Notes.—See category Business Regulation and Commerce, topic Bills and Notes. JUDGMENTS: Interest.—See category Business Regulation and Commerce, topic Interest, subhead Every final adjudication of any of rights of parties in action is judgment. (R.C.P. Judgments. 1.951). Judgment by confession for money due may be entered without action on a written LIMITATION OF ACTIONS: statement by the defendant setting forth the facts out of which the indebtedness arose. Actions must be commenced within following periods. (614): (676.3). Twenty years: On judgment of a court of record of any state of the United States or Judgment by default is entered when defendant fails to appear or file pleading when of a federal court. (614.1[6]). due. (R.C.P. 1.971). Fifteen years: For injury to person or property related to unsafe or defective condition Judgment on Pleadings. —Any party may, at any time, on motion, have any judgment of improvement to real property, except against owner, occupant, or operator of im- to which that party is entitled under uncontroverted facts stated in all pleadings, or on provement. (614.1[11]). Product liability actions must be brought within 15 years after any portion of that party’s claim or defense which is not controverted, leaving action to product first purchased, leased, bailed, or installed for use unless expressly warranted for proceed as to any other matter of which such judgment does not dispose. (R.C.P. 1.954). longer time. (614.1[2A]). Summary Judgment.—Claimant may, at any time after appearance day or after filing Eleven years: of motion for summary judgment by adverse party, move with or without supporting Actions in connection with transfers or obligations regarding public affidavits for summary judgment in claimant’s favor upon all or any part thereof. (R.C.P. bonds must be brought within 11 years of cancellation, transfer, redemption, or replace- 1.981[1]). Defending party may, at any time, move with or without supporting affidavits ment of public bonds or obligations. (614.1[13]). for summary judgment in that party’s favor as to all or any part thereof. (R.C.P. 1.981[2]). Ten years: On judgment of a court not of record; to recover real property; on written Motion shall be filed not less than 60 days prior to date case is set for trial, unless contract; or to set aside decree quieting title to real estate (614.1[5]); to enforce title to otherwise ordered by court. (R.C.P. 1.981[3]). real estate conveyed after July 1, 1981 by deed, mortgage, or other instrument, where Declaratory Judgments.—Uniform Act substantially adopted. (R.C.P. 1.1101- spouse failed to join in conveyance (614.15[2]). 1.1109). Five years: On unwritten contract; on account, time running from date of last item; Offer of Judgment.—Defendant may, either before or after action is commenced, offer for injury to real or personal property including injury suffered as result of sexual abuse to confess judgment for a stated amount. If such offer be not accepted and plaintiff fails by counselor or therapist; to recover possession of personal property; for fraud, time to recover judgment in excess of the amount offered, all costs after the offer must be paid running from discovery thereof; action not otherwise provided for. (614.1[4] and [12]). by plaintiff. If judgment exceeds offer, all costs are taxed against defendant. (677). Three years: Against public officer for liability incurred in official capacity. Real property redeemed by debtor after sale under judgment (see category Debtor (614.1[3]). and Creditor, topic Executions) is free from liability for unpaid portion of judgment under Two years: To enforce mechanic’s lien, time running from expiration of time allowed which sold. (628.3). for filing lien claim (572.27); for injuries to person or reputation, including injuries to Lien.—District or appellate court judgment, including support judgment, is lien, from relative rights whether based on contract or tort (614.1[2]); for statutory penalty; action date judgment is entered in judgment docket and lien index of clerk of court having founded on claim for wages or for liability or penalty for failure to pay wages (614.1[8]). jurisdiction, on all real estate of judgment debtor in county in which judgment was Claims permitted against state under c. 25A barred unless within two years after claim entered and becomes lien on other real estate on filing of transcript of judgment in district accrued claim in writing made to State Appeal Board. (669.13). Claims founded on court of county in which such real estate is located. Same rule applies to judgment of secured interest in farm products within two years of date of sale of farm products against United States district court within state. Foreign judgments pursuant to c. 626A and 626B secured interest of creditor. (614.1[10]). and tribal judgments as defined in 626D.2 shall not attach until appeal is concluded, time One year: To enforce payment of a penalty or forfeiture under an ordinance. for appeal has expired, or stay of execution expired or was vacated under 626A.4, (614.1[1]). 626B.3, 626B.5 or 626D.7. (624.24 and 624.24A). Three months: In special charter cities for claims arising from defective streets or Lien of judgments of appellate courts shall not attach to real estate until attested copy sidewalks or from any cause originating in neglect or failure of municipal corporation of judgment is filed with clerk of court of county in which real estate lies. (624.25). or its officers to perform their duties, notice must be filed within 30 days after incident On filing of transcript of judgment, clerk must docket and index same as though and actions must be commenced within three months. (420.45). In special charter cities, rendered in his own county. (624.26). no suit against such city for unliquidated claim or demand can be brought unless within Lien of judgment continues for ten years after rendition, and attaches to real estate three months from time same became due or accrued and notice must be filed with clerk acquired after its rendition. (624.23[1]). Judgment liens shall not remain lien upon real 30 days prior to commencement of said suit. (420.44). estate of defendant, platted as homestead pursuant to 561.4, unless execution is levied within 30 days of time defendant or defendant’s agent has served written demand on Absence.—Time of nonresidence of defendant not included in computing period; but owner of judgment. Demand shall state that lien and all benefits derived therefrom as to suit can not be maintained on claim barred in another country prior to defendant coming real estate platted as homestead shall be forfeited unless owner of judgment levies here, unless cause of action arose in this state. (614.6, .7). execution against that real estate within 30 days from date of service of demand. Written Disability of Plaintiff.—In case of infancy or mental illness of the person having a demand shall be served in any manner authorized for service of original notice under right of action, except for a penalty or forfeiture, the time is extended for one year after Iowa rules of civil procedure. Copy of written demand and proof of service thereof shall the removal of the disability. (614.8, .19, .27). be filed in office of county recorder of county where real estate platted as homestead is located. (624.23[2]). Judgment liens described in this section shall not attach to subse- Death of Defendant.—In all cases where by the death of the party to be charged, the quently acquired real estate owned by defendant if personal liability of defendant on bringing of an action against his estate shall have been delayed beyond the period judgment has been discharged under bankruptcy laws of U.S. (624.23[3]). provided for by statute, the time within which action may be brought against his estate is extended for six months from the date of the death of said decedent. (614.2). Revivor of Judgment.—The death of one or all of the plaintiffs shall not prevent an execution being issued. In such case, surviving plaintiff or personal representative, or Death of Plaintiff.—If person having a cause of action dies within one year previous heirs or decedent’s attorneys, shall file affidavit with clerk, of death of plaintiff, and clerk to expiration of limitation, time to sue is extended to one year after death. (614.9). shall then indorse on execution, death of plaintiff, or if all be dead names of represen- Revival of Barred Claims.—Cause of action on contract barred by limitations is tatives, and execution shall then be proceeded with, as if survivor or representatives were revived by an admission that the debt is unpaid or a new promise to pay, either of which only plaintiffs. Death of part only of defendants does not prevent execution issuing must be in writing and be signed by the party to be charged in order to have this effect. against survivors. (626.103-.107). (614.11).

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LIMITATION OF ACTIONS . . . continued Party must respond to amended pleading within time remaining in response to original Pleading.—Bar of limitations of actions is primarily affirmative defense to be specially pleading or ten days after service, whichever longer, unless court orders otherwise. asserted in separate division of responsive pleading to claims for relief, except where (R.C.P. 1.441). obvious from face of assailed pleading not only that claim may be barred but that Proof of Claims.—An attorney forwarding a claim for collection should forward the necessarily barred when action commenced, then motion to dismiss is proper. (173 instrument or contract, if any, sued upon, a full statement of the facts upon which the N.W.2d 549). cause of action is based, an itemized statement of the claim, together with an affidavit Contractual limitations are permitted. of one who has knowledge thereof that such statement is true and correct, that the amount Uniform Commercial Code adopted. (554). See category Business Regulation and stated is due and unpaid after allowing all just deductions, credits and offsets, and that Commerce, topic Commercial Code. However, §2-725(1) has been modified so as to the claim is the property of the claimant, and information about the parties, including remove four year limitation found in Uniform Commercial Code (554.2725). Ordinary addresses, whether an individual, an individual doing business under a trade name, a firm limitations, as outlined above, apply to contracts of sale. or a corporation; if a corporation, state of organization and location of principal place of business, and if a partnership, the names of the partners. PARTITION: Small Claims.—See category Courts and Legislature, topic Courts. Real or personal property may be partitioned by equitable proceedings. (R.C.P. Frivolous Claims.—If party commencing action has in preceding five year period 1.1202[1]). Petition must describe property and interests of parties therein. (R.C.P. unsuccessfully prosecuted three or more frivolous actions, proceedings may be stayed 1.1203). Court may order abstract filed; if none is available, plaintiff may be ordered to until party furnishes undertaking secured by cash or approved securities to pay all costs have one prepared and filed. (R.C.P. 1.1204). All owners of undivided interests and resulting to opposing parties to action including reasonable attorney fee. (R.C.P. 1.413[2], lienholders are indispensable parties. Where entire interest in real estate is owned by Iowa Code 617.16). decedent on whose estate administration or probate is pending, action cannot be brought until four months after second publication of notice of appointment of personal repre- PRACTICE: sentative, or at any time while application for authority to sell such real estate is pending Regulated by Rules of Civil Procedure. in said probate proceeding. (R.C.P. 1.1202). Discovery.—Allowed liberally by various methods. (R.C.P. 1.501-1.517). Partition in Kind or Sale.—Real property must be partitioned by sale and division Demand for admission of facts may be served. Failure to admit, not in good faith, of proceeds, unless partition in kind is prayed. Personal property subject to lien can be may make party subject to paying other party’s expenses of proving same, including partitioned only by sale. (R.C.P. 1.1201). reasonable attorneys fees. (R.C.P. 1.510, 1.517, 252 N.W.2d 393 [Iowa 1977]). Service may be made by publication when an affidavit is filed that personal service Direct Action Against Insurer.—See category Transportation, topic Motor Vehicles, cannot be made within the state. See topic Process, subhead Publication. subhead Direct Actions. Costs of partition proceedings are paid eventually by all parties in proportion to their Small Claims.—(631). See category Courts and Legislature, topic Courts. interests, except costs created by contests, which are taxed against the losing contestant See also topics Actions, Appeal and Error, Depositions and Discovery, Injunctions, unless otherwise ordered. (R.C.P. 1.1224). Judgments, Pleading, Process; category Debtor and Creditor, topics Attachment, Execu- tions, Garnishment. PLEADING: (R.C.P. 1.401-1.458). PROCESS: All common counts, general issues, demurrers, fictions and technical forms of pleading Original Notice.—Civil action is commenced by filing petition with court. Original are abolished. The pleadings are: Petition, answer and such counter-claim, reply, amend- notice and petition shall be served upon defendant within 90 days of filing of petition. ment, cross-claim, third party petition or petition of intervention as are proper. (R.C.P. Original notice must contain name of court where action brought, names of parties, be 1.401). directed to defendant, state name and address of plaintiff’s attorney, and time within Petition must contain: (1) Name of court and county in which action is brought; (2) which rules require defendant to serve, and within reasonable time thereafter file, motion names of parties to action, with words ‘‘Petition at Law’’ or ‘‘Petition in Equity;’’ (3) or answer, and must notify defendant that in case of his failure to do so, judgment by statement of facts constituting plaintiff’s cause of action; (4) demand of relief to which default will be entered against him for relief demanded. Original notice must be signed plaintiff considers himself entitled. Petition must not specify amount of damages sought, by clerk and be under seal of court. Clerk may require party delivering original notice except in small claims cases and cases involving only liquidated damages, although to advance reasonable costs of service. Original notice and copy of petition must be petition must certify that amount sought satisfies applicable jurisdictional amount. served together except when service by publication. If service by publication, original (619.18, R.C.P. 1.402, 1.403). Petitions must be separated into numbered paragraphs, and notice alone shall be published and must contain general statement of cause or causes separate causes of action must be stated in separate counts. (R.C.P. 1.402-403, 1.411- of action, relief demanded, and if for liquidated damages or for small claim, amount 412). thereof. Defendant served by publication or publication and mailing must appear on or before date fixed in notice as published, which cannot be less than 20 days after date Answer must show on whose behalf it is filed and specifically admit or deny each of last publication. Defendant served in manner prescribed by statute or court order must paragraph of the petition. Denial may be for lack of information. It must state any appear on or before date so fixed. If service by mail under R.C.P. 1.306 appearance date additional facts deemed to show a defense and may raise points of law appearing on the shall appear in original notice and must be not less than 60 days following mailing date. face of the petition. It may contain as many defenses, legal or equitable, as the pleader In all other cases defendant shall serve and within reasonable time thereafter file motion claims, which may be inconsistent. It may contain a counterclaim, which must be in a or answer within 20 days after service of original notice and petition upon such defen- separate division. Each separate cause of action or defense must be stated in a separately dant. (R.C.P. 1.302). numbered division. (R.C.P. 1.405). Who May Serve.—Notice may be served by any person not a party to the action nor Counterclaim.—Unless prohibited by statute or rule, counterclaim may be filed on an attorney therein. A party, his agent or attorney may take acknowledgment of service any matured cause of action against opposing party. Compulsory if arising out of same and deliver copy of notice in connection therewith and may mail copy of original notice transaction or occurrence. (R.C.P. 1.241, 1.242). when mailing is required or permitted under any rule or statute. (R.C.P. 1.302). Reply.—There must be a reply to a counterclaim and to new matter in an answer, but Personal Service.—Original notices are served by delivering copy to proper person this must not be inconsistent with the petition. Points of law arising on the face of the along with copy of petition. (R.C.P. 1.305, 1.306). answer may be raised by a reply. Facts asserted in a reply are denied by operation of law. (R.C.P. 1.401, 1.406 [Official Comment]; 224 N.W. 809 [Iowa 1929]). Personal service on individual aged 18 years or more, who has not been adjudged incompetent, may be made by serving him personally; or by serving, at his dwelling Demurrer is no longer recognized in Iowa. house or usual place of abode, any person residing therein who is at least 18 years old, Verification.—Pleadings need not be verified unless special statutes so require. Coun- but if such place is a rooming house, hotel, club, or apartment building, the copy must sel’s or party’s signature to every motion or pleading deemed person’s certificate that be delivered to such a person who is either a member of defendant’s family or the person has read motion, to best of person’s knowledge, information, and belief formed manager, clerk, proprietor or custodian of such place. (R.C.P. 1.305[1]). after reasonable inquiry it is grounded in fact, warranted by existing law or good faith Personal service on minor under eighteen years old is made by serving either the argument for extension, modification, or reversal of existing law, good grounds for guardian of his person or property unless the notice is served on behalf of such guardian, making claims therein, and not interposed for harassment or delay. (R.C.P. 1.413). or his parent or some person aged 18 years or more who has his care and custody, or Unsigned pleading or motion may be stricken unless signed promptly after brought to with whom he resides, or in whose service he is employed. Where the notice upon a signer’s attention. If signed in violation of Rule, court must impose appropriate sanction minor is served on behalf of one who is the guardian or other fiduciary and the guardian on person signing, party, or both. (619.19). or other fiduciary is the only person who would be available upon whom service could Service on adverse parties is made to party or his attorney, by delivery, mail or fax; be made, the court must appoint, without prior notice on the ward, a guardian ad litem copies for them must be provided if they have appeared. (R.C.P. 1.442). upon whom service shall be made. (R.C.P. 1.305[2]). Time.—Motions attacking pleading must be served before responding to pleading or, Personal service on incompetent person not confined in a state hospital for the if no response required, within 20 days after service of pleading on such party. (R.C.P. mentally ill may be made by serving the guardian of his person or property, unless the 1.441[1]). Answer to petition must be served on or before appearance date prescribed in notice is served on behalf of such guardian, or his spouse, or some person aged 18 years R.C.P. 1.303. Party served with pleading stating cross-claim against party must serve or more who has his care and custody or with whom he resides. Where the notice upon answer thereto within 20 days of service of that pleading. Plaintiff must serve reply to an incompetent is served on behalf of one who is the guardian or other fiduciary, and counterclaim in answer within 20 days after service of answer, or if reply ordered by there is no other person upon whom service could be made, the court must appoint, court, within 20 days after service of order unless order otherwise directs. (R.C.P. without prior notice to the ward, a guardian ad litem upon whom service shall be made. 1.441[2]). Service of motion permitted under rules alters time periods as follows unless (R.C.P. 1.305[3]). different time ordered by court: (1) If motion is so disposed of as to require further Personal service on person, whether competent or not, confined to county care pleading, such pleading shall be served within ten days after notice of court’s action; (2) facility or state hospital for mentally ill, University of Iowa hospital, or other institution party shall plead in response to original pleading or within ten days after service of in charge of Iowa Board of Control or of U. S. may be made by official in charge of amended pleading, whichever is longer, unless court otherwise orders. (R.C.P. 1.44). such institution or his assistant. (R.C.P. 1.305[4]).

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–8 IOWA LAW DIGEST CIVIL ACTIONS AND PROCEDURE

PROCESS . . . continued REPLEVIN: Personal service on patient in hospital for mentally ill, or person adjudged incompetent confined to county care facility shall be accepted, in patient’s behalf, by official (643). in charge of such institution or his assistant if, in opinion of official in charge or his An action of replevin may be brought in any county in which the property or some assistant, direct service on defendant would injuriously affect him, which fact must be part thereof is situated. (643.1). District court sitting in small claims has concurrent stated in such acceptance. (R.C.P. 1.305[5]). jurisdiction of action of replevin if value of property claimed $5,000 or less. (631.1[3]). Petition must be verified and must state: Personal service on a partnership or association suable under a common name may 1. A particular description of the property claimed. (641.1[1]). be made by serving any present or acting or last known officer thereof, or any general 2. Its actual value and where there are several articles, the actual value of each. or managing agent or any agent or person now authorized by appointment or by law to (641.1[2]). receive service of original notice, or on the general partner of a partnership. (R.C.P. 3. The facts constituting the plaintiff’s right to the present possession thereof, and the 1.305[6]). extent of his interest in the property, whether it be full or qualified ownership. (641.1[3]). Corporations.—If an action is against a domestic corporation organized for profit, 4. That it was neither taken on the order or judgment of a court against him, nor under service may be had on any trustee or officer thereof, or on any agent employed in the an execution or attachment against him, or against the property; but if it was taken by general management of its business, or on any of the last known or acting officers of such either of these modes, then it must state the facts constituting an exemption from seizure corporation. (617.6). by such process. (641.1[4]). 5. The facts constituting the alleged cause of detention thereof, according to his best Foreign Corporations.—If foreign corporation doing business in state has made belief. (641.1[5]). application for permit to transact business and has failed to file designation of agent for 6. The amount of damages which the affiant believes the plaintiff ought to recover for service of process (see category Business Organizations, topic Corporations), or such the detention thereof. (643.1[6]). agent cannot be found, service on said corporation may be had by sending notice to District court sitting in small claims has concurrent jurisdiction of action for aban- Secretary of State. (617.3). Service may also be made on general agent of foreign donment of mobile home or personal property pursuant to §555.B3, if no money judg- corporation wherever found within state. (617.3). Statute purports to make foreign cor- ment in excess of $5,000 is sought. (631.1[4], [5]). poration making contract with Iowa resident to be performed in whole or in part in Iowa, or committing tort in Iowa, subject to suit in this state by serving notice on Secretary Bond must be filed with clerk for use of any person injured by proceeding. (643.6). of State. (617.3). When plaintiff desires immediate delivery of property, he must execute bond to defendant, with sureties approved by clerk, in double value of property conditioned upon Insurance Companies.—If action for loss or damage on contract of insurance or plaintiff appearing and prosecuting action to judgment and returning property if ordered indemnity, service may be on general agent, recording agent, or agent with authority to to do so. (643.7). issue policies. (617.5). Writ.—Upon direction of court after notice and opportunity for such hearing as court Surety Companies.—If action on bond, service may be upon any agent in this state, may prescribe, clerk shall issue a writ directed to proper officer requiring him to take or if none, on Commissioner of Insurance 15 days before court term of trial. (636.20). property described and deliver it to plaintiff. (643.5). If petition shows that property has Foreign Insurance Companies.—Service may be on Commissioner of Insurance. been wrongfully removed into another county from one in which action is commenced, (636.21). writ may issue from county whence property was wrongfully taken, and may be served in any county where it may be found. (643.8). Service on Local Agent or Clerk.—When a corporation or individual has, for the transaction of any business, an office or agency in any county other than that in which Retention by Defendant.—Before delivery to plaintiff, the defendant may stay de- the principal resides, service may be made on any agent or clerk employed in such office livery and retain possession by executing a bond with sureties to be approved by the clerk or agency, in all actions growing out of or connected with the business of that office or or sheriff. (643.12). agency. (R.C.P. 1.305[7]). Foregoing has been construed to afford process sufficient to Concealment.—When it appears by affidavit that the property claimed has been give jurisdiction over nonresidents. (See 294 U.S. 623.) disposed of or concealed so that the writ cannot be executed, the court upon verified Long Arm Statute.—See subhead Foreign Corporations, supra and subhead Non- petition therefor, may compel the attendance of the defendant or other person claiming resident Individuals, infra. or concealing the property, and examine him on oath as to the situation of the property, and punish a wilful obstruction or hindrance or disobedience of the order of court in this Nonresident defendant in criminal action, present in this state, either voluntarily or respect, as in case of contempt. (643.21). involuntarily, may be served with process, either civil or criminal. (617.1). Claims of Third Persons.—If a third person claims the property or any part thereof, Nonresident Individuals.—For mode of service on nonresident motorist see category the plaintiff may amend and bring him in as a co-defendant or the defendant may obtain Transportation, topic Motor Vehicles, subhead Actions Against Nonresidents. his substitution by the proper mode, or the claimant may himself intervene by the process Service on nonresident who makes contract to be performed in whole or in part in Iowa of intervention. (643.4). or commits a tort in whole or in part in Iowa by serving notice on Secretary of State. Nonresident includes resident at time of tort but later becomes nonresident or a person Judgment.—The judgment must determine which party is entitled to the possession who has absented himself from state at least six months from commission of tort. (617.3). of the property and designate his right therein and, if such party has not the possession thereof, must also determine the value of the right of such party, which right shall be Nonresident Watercraft.—Nonresident who uses any watercraft on Iowa waters may absolute as to an adverse party, and must also award such damages to either party as he be served by sending notice to Secretary of State under procedure similar to actions may be entitled to for the alleged detention of the property. If the judgment be against against nonresident motorists. (461B.4). the plaintiff for the money value of the property, it must also be against the sureties on his bond. (643.17). Publication.—Service may be made by publication when an affidavit is filed that personal service cannot be made on the defendant within this state. (R.C.P. 1.3111[1]). Such service is made by publishing notice, in paper selected by the plaintiff, once each SEQUESTRATION: week for three consecutive weeks. (R.C.P. 1.313). In every case where service is made Sequestration of Voting Securities.—In any case where person has acquired or is upon a known defendant by publication, copy of the original notice must also be sent proposing to acquire any voting securities in violation of Iowa laws or regulations, certain by ordinary mail addressed to defendant at last known mailing address, unless affidavit district courts may, with notice, upon application of insurer or commissioner seize or of party or his attorney if filed before entry of judgment or decree, stating that no mailing sequester any voting securities of insurer owned directly or indirectly by such person, address is known and that diligent inquiry has been made to ascertain it. (R.C.P. and issue such orders with respect thereto as may be appropriate to effectuate provisions 1.311[1]). Such copy of notice must be mailed not less than 20 days before date set for of this chapter. (521A.9[3]). appearance. (R.C.P. 1.311[2]). Proof of such mailing must be by affidavit filed before entry of judgment or decree. (R.C.P. 1.311[3]). Of Insurer.—Court shall not have jurisdiction over petition praying for dissolution, Service by publication may be had in the following cases: for recovery of real property liquidation, rehabilitation, sequestration, conversation or receivership of insurer, or pray- or any estate or interest therein; for the partition of real or personal property in Iowa; ing for injunction or restraining order or other relief preliminary to, incidental to or to foreclose a mortgage, lien, encumbrance or charge on real or personal property; for relating to such proceedings other than pursuant to this chapter. (507C.4[2]). specific performance of a contract for sale of real estate; to establish, set aside or construe For Lessees.—Lessee has right of replevin, detinue, sequestration, claim and delivery, a will, if defendant resides out of Iowa, or if his residence is unknown; against a or like for goods identified to lease contract if after reasonable effort lessee is unable to nonresident of Iowa or a foreign corporation which has property, or debts owing to it in effect cover for those goods or circumstances reasonably indicate that effort will be Iowa, sought to be taken by any provisional remedy, or appropriated in any way; against unavailing. (554.13521[3]). any defendant who, being a nonresident of Iowa, or a foreign corporation, has or claims any actual or contingent interest in or lien on real or personal property in Iowa which SERVICE: is the subject of such action, or to which it relates; or where the action seeks to exclude such defendant from any lien, interest or claim therein; against any resident of the state See topic Process. who has departed therefrom, or from the county of his residence, with intent to delay or defraud his creditors, or to avoid service, or who keeps himself concealed with like STAY OF EXECUTION: intent; for divorce or separate maintenance or to modify a decree in such action, or to See topic Appeal and Error; category Debtor and Creditor, topic Executions. annul an illegal marriage, against a defendant who is a nonresident of Iowa or whose residence is unknown; to quiet title to real estate, against a defendant who is a non- SUBMISSION OF CONTROVERSY: resident of Iowa, or whose residence is unknown; against a partnership, corporation or association sueable under a common name, when no person can be found on whom Parties to question which might be subject of civil action may present agreed statement personal service can be made; to vacate or modify a judgment or for a new trial under of facts to any court having jurisdiction of subject matter, and on showing that contro- Rules 1.1012 and 1.1013. (R.C.P. 1.310). versy is real and proceeding in good faith court will hear and determine case and render When publication is completed, proof of publication by affidavit of publisher must be judgment which is enforceable and reviewable in same manner as if rendered in action. filed with clerk. (R.C.P. 1.314). (678).

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–9 CIVIL ACTIONS AND PROCEDURE MARTINDALE-HUBBELL LAW DIGEST - 2008

VENUE: Third Judicial District: Counties of Buena Vista, Cherokee, Clay, Crawford, Dickinson, Actions must be brought in the county where the defendants or some of them reside Emmet, Ida, Kossuth, Lyon, Monona, O’Brien, Osceola, Palo Alto, Plymouth, (616.5), or where the real property is situated (616.1), or where, by its terms, a written Sioux, and Woodbury. contract is to be performed (616.17); or if none of the defendants has any residence in Fourth Judicial District: Counties of Audubon, Cass, Fremont, Harrison, Mills, this state, then in a county where either of them may be found (616.17). Motor vehicle Montgomery, Page, Pottawattamie, and Shelby. damage actions may also be brought in the county in which the damage or injury is Fifth Judicial District: Counties of Adair, Adams, Clarke, Dallas, Decatur, Guthrie, sustained. (616.18). Jasper, Lucas, Madison, Marion, Polk, Ringgold, Taylor, Union, Warren, and Wayne. Public Utilities.—Actions against express, railroad, telegraph, telephone or electric Sixth Judicial District: Counties of Benton, Iowa, Johnson, Jones, Linn, and Tama. transmission line companies may be brought in any county through which their line Seventh Judicial District: Counties of Cedar, Clinton, Jackson, Muscatine, and Scott. passes. (616.8). Eighth Judicial District: Counties of Appanoose, Davis, Des Moines, Henry, Jefferson, Corporations.—When any corporation or person has an office or agency in any county Keokuk, Lee, Louisa, Mahaska, Monroe, Poweshiek, Van Buren, Wapello, and for the transaction of business, any suits growing out of or connected with the business Washington. of that office or agency, may be brought in such county. (616.14). Place of Sitting.— Insurance companies may be sued in the county of the principal place of business, Adair County: Fifth District; court sits at Greenfield. the county of the residence of the plaintiff, the county in which the contract of insurance Adams County: Fifth District; court sits at Corning. was made, or in which the loss occurred, or, on death or disability policy, in county of Allamakee County: First District; court sits at Waukon. insured’s domicile at time of loss. (616.10). Appanoose County: Eighth District; court sits at Centerville. Audubon County: Fourth District; court sits at Audubon. Actions Against Nonresident Motorists.—See category Transportation, topic Motor Benton County: Sixth District; court sits at Vinton. Vehicles, subhead Actions Against Nonresidents. Black Hawk County: First District; court sits at Waterloo. Action Brought in Wrong County.—May be transferred to proper county on motion Boone County: Second District; court sits at Boone. of defendant prior to answer. (R.C.P. 1.808). Bremer County: Second District; court sits at Waverly. Buchanan County: First District; court sits at Independence. Change of Venue.—The place of trial may be changed on motion showing one of the Buena Vista County: Third District; court sits at Storm Lake. following grounds: (a) if the county where the case would be tried is a party, and the Butler County: Second District; court sits at Allison. motion is by the adverse party, and the issue being triable by a jury and a jury having Calhoun County: Second District; court sits at Rockwell City. been demanded; (b) where the trial judge is directly interested in the action or related Carroll County: Second District; court sits at Carroll. by consanguinity or affinity within the fourth degree to any party so interested; (c) if a Cass County: Fourth District; court sits at Atlantic. trial judge or the inhabitants of the county are so prejudiced against the moving party Cedar County: Seventh District; court sits at Tipton. or if an adverse party has such undue influence over such inhabitants that the movant Cerro Gordo County: Second District; court sits at Mason City. cannot obtain a fair trial; (d) pursuant to written agreement of the parties. A defendant, Cherokee County: Third District; court sits at Cherokee. sued in a county where he does not reside, on a written contract expressly performable Chickasaw County: First District; court sits at New Hampton. in such county, who has filed a sworn answer claiming fraud in the inception of said Clarke County: Fifth District; court sits at Osceola. contract as a complete defense thereto, may have the case transferred to the county of Clay County: Third District; court sits at Spencer. his residence. (R.C.P. 1.801). Clayton County: First District; court sits at Elkader. Contract Provisions.—Written agreements fixing venue are enforceable. (R.C.P. Clinton County: Seventh District; court sits at Clinton. 1.801). Crawford County: Third District; court sits at Denison. Dallas County: Fifth District; court sits at Adel. Davis County: Eighth District; court sits at Bloomfield. COURTS AND LEGISLATURE Decatur County: Fifth District; court sits at Leon. Delaware County: First District; court sits at Manchester. COURTS: Des Moines County: Eighth District; court sits at Burlington. United States District Courts.— Dickinson County: Third District; court sits at Spirit Lake. Northern District.—Clerk’s office: 329 Federal Building, 101 1st St., P.O. Box 74710, Dubuque County: First District; court sits at Dubuque. Cedar Rapids 52407. Emmet County: Third District; court sits at Estherville. Cedar Rapids Division is composed of following counties: Benton, Cedar, Grundy, Fayette County: First District; court sits at West Union. Hardin, Iowa, Jones, Linn and Tama. Floyd County: Second District; court sits at Charles City. Court sits at Cedar Rapids. Franklin County: Second District; court sits at Hampton. Eastern Division is composed of following counties: Allamakee, Black Hawk, Bremer, Fremont County: Fourth District; court sits at Sidney. Buchanan, Chickasaw, Clayton, Delaware, Dubuque, Fayette, Floyd, Howard, Jackson, Greene County: Second District; court sits at Jefferson. Mitchell and Winneshiek. Grundy County: First District; court sits at Grundy Center. Court sits sometimes at Dubuque and Waterloo. Guthrie County: Fifth District; court sits at Guthrie Center. Western Division is composed of following counties: Buena Vista, Cherokee, Clay, Hamilton County: Second District; court sits at Webster City. Crawford, Dickinson, Ida, Lyon, Monona, O’Brien, Osceola, Plymouth, Sac, Sioux and Hancock County: Second District; court sits at Garner. Woodbury. Hardin County: Second District; court sits at Eldora. Court sits at Sioux City. Harrison County: Fourth District; court sits at Logan. Central Division is composed of following counties: Butler, Calhoun, Carroll, Cerro Henry County: Eighth District; court sits at Mt. Pleasant. Gordo, Emmett, Franklin, Hamilton, Hancock, Humboldt, Kossuth, Palo Alto, Pocahon- Howard County: First District; court sits at Cresco. tas, Webster, Winnebago, Worth and Wright. Humboldt County: Second District; court sits at Dakota City. Court sits sometimes at Fort Dodge and Mason City. Ida County: Third District; court sits at Ida Grove. Deposit for fees required in all civil cases; plaintiff, $150, defendant in removal case, Iowa County: Sixth District; court sits at Marengo. $150. Jackson County: Seventh District; court sits at Maquoketa. Southern District.—Clerk’s office: 103 U.S. Courthouse, 123 E. Walnut St., P.O. Box Jasper County: Fifth District; court sits at Newton. 9344, Des Moines 50309. Jefferson County: Eighth District; court sits at Fairfield. Central Division is comprised of following counties: Adair, Adams, Appanoose, Johnson County: Sixth District; court sits at Iowa City. Boone, Clark, Dallas, Davis, Decatur, Greene, Guthrie, Jasper, Jefferson, Keokuk, Lucas, Jones County: Sixth District; court sits at Anamosa. Madison, Mahaska, Marion, Marshall, Monroe, Polk, Poweshiek, Ringgold, Story, Tay- Keokuk County: Eighth District; court sits at Sigourney. lor, Union, Wapello, Warren and Wayne. Kossuth County: Third District; court sits at Algona. Court sits at Des Moines. Lee County: Eighth District; court sits at Ft. Madison and Keokuk. Western Division is comprised of following counties: Audubon, Cass, Fremont, Har- Linn County: Sixth District; court sits at Cedar Rapids. rison, Mills, Montgomery, Page, Pottawattamie and Shelby. Louisa County: Eighth District; court sits at Wapello. Court sits at Council Bluffs. Lucas County: Fifth District; court sits at Chariton. Davenport Division is comprised of following counties: Clinton, Des Moines, Henry, Lyon County: Third District; court sits at Rock Rapids. Johnson, Lee, Louisa, Muscatine, Scott, Van Buren and Washington. Madison County: Fifth District; court sits at Winterset. Court sits at Davenport. Mahaska County: Eighth District; court sits at Oskaloosa. Deposit for fees required in all cases; plaintiff, $150, defendant in removal case, $150. Marion County: Fifth District; court sits at Knoxville. Supreme Court.—Sits at Des Moines. Marshall County: Second District; court sits at Marshalltown. Mills County: Fourth District; court sits at Glenwood. Court of Appeals.—Sits at Des Moines. Mitchell County: Second District; court sits at Osage. District Courts.—State is divided into eight judicial districts, composed of several Monona County: Third District; court sits at Onawa. counties and judges in each district. District courts are courts of general original juris- Monroe County: Eighth District; court sits at Albia. diction in all cases, including civil, criminal, and probate matters. Montgomery County: Fourth District; court sits at Red Oak. Districts.— Muscatine County: Seventh District; court sits at Muscatine. First Judicial District: Counties of Allamakee, Black Hawk, Buchanan, Chickasaw, O’Brien County: Third District; court sits at Primghar. Clayton, Delaware, Dubuque, Fayette, Grundy, Howard, and Winneshiek. Osceola County: Third District; court sits at Sibley. Second Judicial District: Counties of Boone, Bremer, Butler, Calhoun, Carroll, Cerro Page County: Fourth District; court sits at Clarinda. Gordo, Floyd, Franklin, Greene, Hamilton, Hancock, Hardin, Humboldt, Marshall, Palo Alto County: Third District; court sits at Emmetsburg. Mitchell, Pocahontas, Sac, Story, Webster, Winnebago, Worth, and Wright. Plymouth County: Third District; court sits at LeMars.

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–10 IOWA LAW DIGEST DEBTOR AND CREDITOR

COURTS . . . continued Digests are West’s Iowa Digest and Iowa and Northwestern Digest, Iowa Code An- Pocahontas County: Second District; court sits at Pocahontas. notated, and Callaghan’s Iowa Digest. Polk County: Fifth District; court sits at Des Moines. Pottawattamie County: Fourth District; court sits at Avoca and Council Bluffs. STATUTES: Poweshiek County: Eighth District; court sits at Montezuma. Latest compilation of Iowa statutes is Code of Iowa (2005). Ringgold County: Fifth District; court sits at Mt. Ayr. Uniform Acts adopted are: Alcoholism and Intoxication Treatment (promulgated Sac County: Second District; court sits at Sac City. 1971, adopted 1974); Anatomical Gift (promulgated 1987, adopted 1995); Arbitration Scott County: Seventh District; court sits at Davenport. (promulgated 1955, adopted 1981); Attendance of Witnesses from Without a State in Shelby County: Fourth District; court sits at Harlan. Criminal Proceedings, Act to Secure (promulgated 1936, adopted 1978); †Business Cor- Sioux County: Third District; court sits at Orange City. poration (ABA 1959); Certification of Questions of Law (promulgated 1967, adopted Story County: Second District; court sits at Nevada. 1980); Child Custody Jurisdiction and Enforcement (promulgated 1997, adopted 1999); Tama County: Sixth District; court sits at Toledo. Class Actions (promulgated 1976, adopted 1980); Commercial Code (adopted 1966, Taylor County: Fifth District; court sits at Bedford. Adopted Article 2A (Leases), 1990 Revision of Article 3, 1990 Amendments to Article Union County: Fifth District; court sits at Creston. 4, Article 4A (Funds Transfers), 1994 Revision of Article 8, and 2000 Revision of Article Van Buren County: Eighth District; court sits at Keosauqua. 9; repealed Article 6 without adopting 1989 Revision of Article 6); Common Trust Fund Wapello County: Eighth District; court sits at Ottumwa. (promulgated 1938, adopted 1964); †Consumer Credit Code (promulgated and adopted Warren County: Fifth District; court sits at Indianola. 1974); Controlled Substances (promulgated 1970, adopted 1971); Criminal Extradition Washington County: Eighth District; court sits at Washington. (promulgated 1936, adopted 1949); Declaratory Judgments (promulgated 1922, adopted Wayne County: Fifth District; court sits at Corydon. 1943); Disclaimer of Property Interests (promulgated 1999, adopted 2004); †Disposition Webster County: Second District; court sits at Ft. Dodge. of Unclaimed Property (promulgated 1966, adopted 1967); Electronic Transactions (pro- Winnebago County: Second District; court sits at Forest City. mulgated 1999, adopted 2000); Enforcement of Foreign Judgments (promulgated 1964, Winneshiek County: First District; court sits at Decorah. adopted 1980); Evidence, Rules of (promulgated 1974, adopted 1983); Federal Lien Woodbury County: Third District; court sits at Sioux City. Registration (promulgated 1978, adopted 1989); Foreign Money-Judgments Recognition Worth County: Second District; court sits at Northwood. (promulgated 1962, adopted 1989); Fraudulent Transfer (promulgated 1984, adopted Wright County: Second District; court sits at Clarion. 1995); Interstate Family Support (promulgated 1994, adopted 1996 without repealing Probate Courts.—There are no separate probate courts. Probate jurisdiction is ex- 1968 Uniform Reciprocal Enforcement of Support Act); Limited Partnership (promul- ercised by district courts. (633.10). gated 1997, adopted 1999); Management of Institutional Funds (promulgated 1972, Judicial Magistrates.—Judicial magistrates have jurisdiction of simple misdemean- adopted 1990); Military Justice (promulgated 1961, adopted 1965); Money Services ors, including traffic and ordinance violations, preliminary hearings, search warrant (adopted 2003); Nonprobate Transfers on Death (Part 3 only) (promulgated 1991, proceedings, county and municipal infractions and small claims. Magistrates have ju- adopted 1997); Partnership (promulgated 1997, adopted 1999); Photographic Copies of risdiction to exercise powers specified in 556F.2 and 556F.12 and to hear complaints or Business and Public Records as Evidence (promulgated 1949, adopted 1951); Post- preliminary informations, issue warrants, order arrests, make commitments, and take bail. Conviction Procedure (promulgated 1966, adopted 1970); Premarital Agreement (pro- Magistrates have jurisdiction over violations of §123.49[2][h]. They may conduct hear- mulgated 1983, adopted 1992); Principal and Income (promulgated 1997, adopted 1999); ings authorized under §809.4. (602.6405). For simple misdemeanors plaintiff may appeal Prudent Investor (promulgated 1994, adopted 2000); Reciprocal Enforcement of Support only upon finding of invalidity of ordinance or statute. Defendant may appeal upon (promulgated 1968, but see Interstate Family Support above); Rendition of Prisoners as judgment of conviction. Execution of judgment stayed by filing of appeal bond. Party Witnesses in Criminal Proceedings (promulgated 1957, adopted 1995); †Residential may orally notify magistrate of appeal or deliver written notice of appeal to magistrate Landlord and Tenant (promulgated 1972, adopted 1979); Rights of the Terminally Ill within ten days of judgment. Payment of fine or serving sentence of imprisonment does (promulgated 1985, adopted 1985); †Securities (promulgated 1959, adopted 1976); Si- not waive right to appeal. Upon appeal, case is tried anew in district court. (R. Crim. multaneous Death (promulgated 1940, adopted 1964); State Administrative Procedure P. 2.73). (promulgated 1961, adopted 1975); Statutory Construction (promulgated 1965, adopted 1971); Testamentary Additions to Trusts (promulgated 1960, adopted 1964); Trade Se- District Associate Judges.—District associate judges serve as full-time magistrates crets (promulgated 1985, adopted 1990); Transfer on Death Security Registration (pro- and have jurisdiction possessed by judicial magistrates (see 602.6306) and jurisdiction mulgated 1989, adopted 1997); Transfers to Minors (promulgated 1983, adopted 1986). of civil actions to $10,000, Class D felonies, indictable misdemeanors, and juvenile proceedings. They shall hold court as directed at any place within judicial district that Uniform Commercial Code adopted. (554). See category Business Regulation and judicial magistrate may do so, and shall employ district judges practice and procedure. Commerce, topic Commercial Code. They may temporarily exercise jurisdiction of district court judge. While exercising such For text of Uniform Acts falling within the scope of the Martindale-Hubbell Law temporary jurisdiction they shall employ district judges’ practice and procedure. Venue Digests see Uniform and Model Acts section. shall be as in other district court proceedings. Appeals from judgments of district as- †Adopted with significant variations or modifications. See appropriate topics. sociate judges while exercising jurisdiction possessed by judicial magistrates shall be governed by laws relating to appeals from judicial magistrates. Appeals from judgments UNIFORM LAWS: while exercising any other jurisdiction shall be governed by laws relating to appeals from For list of Uniform Acts in force in this state see topic Statutes. For text of Uniform district judges. See category Civil Actions and Procedure, topic Appeal and Error. Acts within the scope of the Martindale-Hubbell Law Digests see Uniform and Model (602.6301-.6306). Acts section. Small Claims.—Small claim is civil action for $5,000 or less, and certain replevin and forcible entry and detainer actions. Small claims on file for 90 days and not determined are dismissed without prejudice by clerk. (631.8[1]). If commenced as regular action, CRIMINAL LAW shall be transferred to small claims docket. (631.8[3]). Small claim action is commenced BAIL: by filing of original notice with clerk. (631.3). If action for money judgment, defendant required to appear not later than 20 days following date of filing of original notice. If See topic Criminal Law. action for forcible entry or detention original notice to be personally served, service to be at least three days prior to hearing date. (631.4[2]). If personal service cannot be made, CRIMINAL LAW: plaintiff may post original notice on real property sought to be detained and mail copy Crimes and criminal procedure governed by Title XVI of Code. of original notice to defendant’s last known address. (631.4[2]). Both mailing and posting Indictment or Information.—Prosecutions unless provided otherwise are by indict- must be done three days before hearing date and only after two attempts to perfect ment or information. personal service have been made. (631.4[2]). Service shall be deemed complete upon Bail.—By constitution and by statute, all persons are bailable with sufficient sureties, filing with district court clerk, affidavit indicating that copies of original notice were both except for certain felony offenses where proof is evident or presumption great. (811). mailed and posted. (631.4[2]). If defendant appears before appearance date, clerk assigns claim to magistrate for hearing at time not less than five days nor more than 20 days after Interstate Compact for Supervision of Paroles and Probationers.—In effect. defendant’s appearance. Clerk notifies parties of time for hearing by ordinary mail. (905.10). (631.5). Hearing is informal, to court, is conducted without regard to technicalities of Uniform Fresh Pursuit Law adopted. (806). procedure, and not reported unless party provides reporter at party’s expense. (631.11). Uniform Criminal Extradition Act adopted. (820). Judgment is entered on original notice, and court may provide for installment payments. Such judgments are liens to same extent as other judgments of district courts. (631.12). If defendant fails to appear, clerk renders judgment if relief is readily ascertainable. If DEBTOR AND CREDITOR relief not readily ascertainable, magistrate determines claim. (631.5[6]). ASSIGNMENTS: LEGISLATURE: (539). 2007 (first regular) session of 82d Iowa General Assembly will convene Mon., Jan. Bonds, due bills and all non-negotiable instruments, and open accounts, are assignable, 8, 2007, and continue until end of Apr. Meets in Jan. of each year. Governor may call even though instrument purports to prohibit it. (539.1-.3). Where provisions of foregoing special sessions. (Const., art. III, §2, Legislative Dept.). sections conflict with Uniform Commercial Code, latter governs. (539.1-.3). Includes those taking assignments in regular course of business. (539.1). Lobbyists.—See c. 68B. Uniform Commercial Code adopted. (554). See category Business Regulation and REPORTS: Commerce, topic Commercial Code. The decisions of Supreme Court of Iowa are published in the Iowa Reports, namely, Instrument Transferring Title.—Except as required by Uniform Commercial Code, 1 Morris, 1 to 4 Greene and Iowa reports beginning with Vol. 1 and continuing to Vol. assignment is made by indorsement on instrument, or by other writing. (539.1). 261. Iowa decisions in 158 N.W. 2d and subsequent thereto are official opinions of Iowa Filing and Recording.—Not required, except as provided in Uniform Commercial Supreme Court. Code.

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–11 DEBTOR AND CREDITOR MARTINDALE-HUBBELL LAW DIGEST - 2008

ASSIGNMENTS . . . continued Levy.—The officer must execute the writ by levying on the property of the judgment Notice.—Not required, except as provided in Uniform Commercial Code. debtor, collecting the things in action by suit in his own name, or selling the same, and Effect.—Assignee’s rights are subject to any defense or counterclaim which maker or paying the proceeds, less his own costs, to the clerk. The officer must select for levy such debtor had against assignor before notice of such assignment, except as provided in property, in such quantities, as will be likely to bring the exact amount required to be Uniform Commercial Code. (539.1-.3). raised as nearly as practicable, and may make other levies if necessary. (R.C.P. 1.1018). If real estate is levied upon, except by special execution under foreclosure, the officer Assignment of wages of head of family must be signed and acknowledged by both must make an entry in the Incumbrance Book in the clerk’s office, showing the number husband and wife. Wage assignments, other than to labor union representing employee and title of the case, date of levy, date of entry, amount claimed, description of the real in labor relations with employer, are not binding on employer unless agreed to by estate, and signature of the officer. This constitutes notice to all persons of such levy. employer in writing. (539.4). (626.20). Levy upon a judgment is made by entering upon the judgment docket a ATTACHMENT: memorandum thereof. (626.22). Property of the defendant in the possession of another or debts due him may be reached by garnishment. (626.26). When levy is made on (639). personal property, the sheriff takes possession thereof and signs and appends to execution Attachment may be obtained in any civil action, by any plaintiff, including nonresident its exact description at length, with date of levy. (R.C.P. 1.1020[1]). or foreign corporation, provided one or more of the necessary grounds exists. It may issue If the creditor or his agent first so requests in writing, the officer may view the on a claim not payable in the state. property, inventory its exact description at length, and append such inventory to the Grounds for attachment are that defendant is: (1) A foreign corporation or acting as execution, with his signed statement of the number and title of the case, the amount such; or (2) a nonresident; (3) is about to remove property from the state without leaving claimed under the execution, the exact location of the property and in whose possession, sufficient to pay debts; (4) has disposed; or (5) is about to dispose of property with intent and the last known address of the judgment debtor; and, if the property is consumer to defraud creditors; (6) has absconded so that ordinary process cannot be served on him; goods or if judgment debtor is not resident of this state, file with County Recorder of (7) is about to remove permanently out of the county and has property therein not county where property is located his certified transcript of such inventory and statement; exempt; or (8) is about to remove permanently out of the state, and refuses to pay or and, in all other cases, file with Secretary of State his certified transcript of such secure plaintiff’s debt; (9) is about to remove property out of county with intent to inventory and statement. Such filing shall be accepted by County Recorder or Secretary defraud creditors; (10) is about to convert property into money in order to place it beyond of State as financing statement and shall be marked, indexed and certified in same reach of creditors; or (11) has property or rights in action which he conceals; (12) that manner, and shall be constructive notice of levy to all persons. Whenever writ is satisfied debt is due for property obtained under false pretenses; (13) is about to dispose of or levy discharged officer shall file termination statement with County Recorder or property belonging to plaintiff; (14) is about to convert plaintiff’s property into money Secretary of State. Fees normally charged by County Recorder or Secretary of State for for purposes of placing it beyond reach of plaintiff; or (15) is about to move permanently filing of financing statement and filing of termination statement shall be paid by officer out of state and refuses to return property belonging to plaintiff. (639.3). Attachment may and shall be taxed by him as part of his costs of levy. (R.C.P. 1.1020[2]). Sheriff’s duty be had before debt due on grounds 4, 5, and 12, or where defendant has removed or is to levy not applicable to garnishments. (626.50). about to remove from state and refuses to secure payment of debt, if plaintiff did not know of removal or contemplated removal when debt contracted. (639.9). Sale.—The sheriff must give four weeks notice of the sale of real estate and three weeks notice of the sale of personal property, by posting notice in three public places Proceedings.—Plaintiff must file petition sworn to by him, or his agent or attorney in the county, one of which must be in county courthouse, and in case of real estate or (knowing the facts) setting out the claim and one or more grounds for attachment. personal property of the value of $200, there must be two weekly newspaper publications (639.3). in addition. (626.74, .75). Bond.—Plaintiff must give bond with surety approved by clerk of court in penalty at least double value of property sought to be attached, in no event less than $250. Where Return.—Officer receiving execution must give receipt therefor, stating when it was only real property is attached, bond must be in penalty fixed by court or clerk. (639.11, received, and make return thereof, together with money collected, on or before 120th day .12). from date of its issuance. (626.16). Levy.—The sheriff must, as nearly as the circumstances of the case will permit, levy Redemption.—Real property, or an interest therein larger than a leasehold with two upon property 50% greater in value than the amount of the claim. Any property not years unexpired term, may be redeemed by the debtor within one year after sale, during exempt from execution may be attached. (639.7, .19). which time he is entitled to possession. His right to redeem is exclusive except that after Indemnity.—There is no statute authorizing the officer to demand indemnity before expiration of six months and before expiration of nine months creditors whose claims levying. became liens before expiration of the nine months or mortgagees, whether or not debt has matured, may redeem. (628.2-.3, .5). Mortgage on less than ten acres may provide Priorities.—In case of two or more attachments, the attaching creditors do not share for six months redemption period if mortgagee waives right to deficiency judgment. pro rata, but the attachments have priority in the order of their levy. (639.20). (628.-26). Release.—The defendant, or any person in possession of any attached property, or any Creditors having right of redemption may redeem from each other within time above person making affidavit that he has an interest in same, may, at any time before judgment, limited. (628.8). When senior creditor redeems from his junior, he is required to pay off discharge the property attached by giving bond with security to be approved by the only amount of those liens which are paramount to his own (628.9), but junior creditor sheriff, or after return of the writ, by the clerk, in a penalty at least double value of may redeem from senior creditor as often as land is taken from him by virtue of property. Bond must be filed with clerk of court. (639.45). paramount lien (628.14). Sale.—Where the property attached is perishable, the sheriff may summon three Mode of redemption by lien holder is by paying into clerk’s office amount necessary persons having the qualification of jurors to examine it. Defendant, if within county, must to effect same and filing his affidavit or that of his agent, stating as nearly as practicable have three days notice of the hearing. If it is the opinion of those who examine the nature of his lien and amount still due and unpaid thereon. (628.18). Mode of redemption property that it should be disposed of, they must specify in writing a day beyond which by title holder is by paying into clerk’s office amount of certificate and all sums paid by the property should not be kept. If this day occurs before trial, the property must be sold holder thereof in effecting redemptions with interest and costs. (628.3). as goods are sold on execution. An earlier sale may be made if the condition of the goods Rights of debtor in relation to redemption are transferrable. (628.25). warrants it. Sale may be made on written consent of defendant without such finding. Real property redeemed by debtor is thereafter free from any liability on judgment (639.48-.50). under which sale was made. (628.3). Chattels and leasehold interests with less than two years to run, when sold under Third Party Claims.—Any third party may, before sale of attached property or before execution, may not be redeemed. (628[2]). payment to plaintiff of the proceeds thereof or any attached debt, present his verified Party who has stayed execution on judgment is not entitled to redeem. (628.4). petition to the court disputing the validity of the attachment or stating a claim to the If real property is not used for agricultural purposes and is not residence of debtor, attached property and setting forth the facts upon which the claim is founded. (639.60). or if it is residence of debtor but not single-family or two-family dwelling, period of Uniform Commercial Code enacted, effective July 4, 1966. See category Business redemption after foreclosure is 180 days. First 90 days after sale, right of redemption is Regulation and Commerce, topic Commercial Code. exclusive to debtor and time periods provided in §§628.5, 628.15, and 628.16 are reduced to 135 days. (628.28). If, for such property, deficiency judgment waived, then period of CREDITORS’ SUITS: redemption reduced to 90 days. First 30 days after sale, debtor has exclusive right of No statutory provisions, except those for equitable proceedings auxiliary to execution. redemption and time periods provided in §§628.5, 628.15, and 628.16 reduced to 60 (630.16). days. (628.28). Where §654.18 alternative nonjudicial voluntary foreclosure procedure used, junior EXECUTIONS: lienholders have 30-day redemption period from date required notice sent. (628.29). Judgments requiring payment of money or delivery of possession of property are Supplementary Proceedings.—When execution has been returned unsatisfied, plain- enforced by execution. (626.1). tiff is entitled to order for examination of debtor (630.1), or such order may be had on Exemptions.—See topic Exemptions. proof by affidavit that debtor has property which he unjustly refuses to apply towards Time for Issuance.—Executions may issue at any time before judgment is barred by satisfaction of judgment (630.2). If debtor refuses to appear or refuses to answer all statute of limitations, and from district and appellate courts may issue into any county. proper interrogatories he may be arrested and imprisoned until he complies. (630.11). (626.2). Upon proof that defendant will leave state, or conceal himself, he may be arrested and required to give bonds to appear, or in default thereof be imprisoned for safekeeping until Issuance of Writ.—Upon rendition of judgment, execution may be at once issued by his examination is concluded. (630.14, .15). Other witnesses may also be required to clerk on demand of party entitled thereto. (626.7). appear and testify. (630.5). If any property, rights, or credits, subject to execution, are Stay of Execution.—Stay must be taken within ten days from date of judgment. Time thus ascertained, they may be levied upon accordingly. (630.6). Court may also appoint of stay under $100, three months, over $100, six months. No stays on judgments of receiver. (630.7). appeal or writs of error. No stay allowed on judgment obtained by laboring men, or mechanics, for wages. (626). In order to obtain stay, debtor must give bond for payment EXEMPTIONS: of judgment, with interest and costs, with one or more freehold sureties. (626.58). As to stay pending appeal, see category Civil Actions and Procedure, topic Appeal and Error. (627).

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–12 IOWA LAW DIGEST DEBTOR AND CREDITOR

EXEMPTIONS . . . continued When garnishee has answered interrogatories propounded to garnishee, plaintiff may General Exemptions.—Debtor who is resident of this state may hold exempt from controvert them by pleading thereto, and issue may be joined, which shall be in usual execution following property: (1) All wearing apparel of debtor and debtor’s dependents manner, upon which trial such answer of garnishee shall be competent testimony. kept for actual use and trunks or other receptacles necessary for wearing apparel, not to (642.11). exceed in value $1,000 in aggregate, and wedding/engagement rings owned and received Judgment.—If garnishee is indebted to defendant or is in possession of property not on or before wedding date; (2) one shotgun, and either one rifle or one musket; (3) private exempt, judgment may be entered against him for amount of his indebtedness, not libraries, family bibles, portraits, pictures, and paintings not to exceed $1,000 in aggre- exceeding amount of claim, or the property in his hands. (642.13). gate; (4) interment space or interest in public or private burying ground, not exceeding one acre for any defendant; (5) debtor’s interest, in household furnishings, household Release.—The garnishee may be released by payment or delivery to officer of the goods, and appliances held primarily for personal, family, or household use of debtor or money or property in his possession belonging to the defendant. (642.10). dependent of debtor, not to exceed in value $2,000 in aggregate; (6) certain, specific Exemption of Earnings.—See topic Exemptions. interests in life insurance policies; (7) professionally prescribed health aids for debtor or dependent of debtor; (8) debtor’s rights in: (a) social security benefit, unemployment HOMESTEADS: compensation, or public assistance benefit, (b) veteran’s benefit, (c) disability or illness The homestead of every family, whether owned by the husband or wife, and within benefit, (d) alimony, support, or separate maintenance, to extent reasonably necessary for the limit as to value, is exempt except as to debts contracted prior to its acquisition, those support of debtor and dependents of debtor, (e) payment under pension, annuity, or created by written contract by persons having the power to convey expressly stipulating similar plan or contract on account of illness, disability, death, age, or length of service, that it shall be liable, and those incurred for work done or material furnished exclusively except for portion of payments attributable to contributions of debtor above normal and for the improvement of the homestead. (561.16, 561.21). customary rate made within one year of filing bankruptcy petition, (f) other specific Limitation of Value and Area.—A homestead must embrace the house used as a investment income; (9) one motor vehicle not to exceed $7,000 in value; (9A) in event home by the owner and may contain one or more contiguous lots or tracts of land with of bankruptcy proceeding, debtor’s interests in accrued wages and in state and federal the building and other appurtenances thereon used in good faith as part of the same. If tax refunds as of date of filing of petition in bankruptcy, not to exceed $1,000 in within a city or town plat, it must not exceed one-half acre, otherwise it must not contain aggregate. This exemption is in addition to limitations contained in §§642.21 and more than 40 acres but, if the value of such area is less than $500, the area may in either 537.5105; (10) if debtor engaged in any profession or occupation other than farming, event be enlarged until it reaches the value of $500. It must not embrace more than one proper implements, professional books, or tools of trade of debtor or dependent of debtor, dwelling house, and the buildings appurtenant thereto; but may include building situated not to exceed $10,000 in aggregate; (11) if debtor is engaged in farming and does not thereon used by owner in business not exceeding $300 in value. (561.1, .2, .3). exercise delay of enforceability of deficiency judgment or general execution under §654.6 in relation to execution under which exemption claimed, any combination of following, Designation of Homestead.—Owner may select homestead and record plat of it, and not to exceed $10,000 in aggregate: (a) implements and equipment reasonably related to may change or vacate plat. (561.4, .7). normal farming operation. This exemption in addition to motor vehicle held exempt Claim of Exemption.—After levy, owner must plat and record, where statutory notice under paragraph 9, (b) livestock and feed for livestock reasonably related to normal to do so is given by levying officer to owner or spouse. Owner failing, officer must plat farming operation; (12) if debtor is engaged in farming agricultural land upon com- and record. (561.5). mencement of action for foreclosure of mortgage on agricultural land or for enforcement Conveyance or Encumbrance.—Subject to the rights of the surviving husband or of obligation secured by mortgage on agricultural land, if deficiency judgment issued wife, the homestead may be devised like other real estate of a testator, but no conveyance against debtor, and if debtor does not exercise delay of enforceability of deficiency or encumbrance of or contract to convey or encumber the homestead is valid unless the judgment or general execution under §654.6 in relation to execution under which ex- husband and wife join in the execution of the same or like instrument. However, if one emption claimed, disposable earnings of debtor are exempt from garnishment to enforce spouse specifically relinquishes homestead rights in conveyance by other spouse it is not deficiency judgment after two years from entry of deficiency judgment, §§642.21 and necessary that first mentioned spouse join in granting clause. (561.13). Purchase money 642.22 notwithstanding. However, earnings paid to debtor directly or indirectly by debtor mortgage is valid although purchaser’s spouse did not join therein or relinquish home- not exempt; (13) debtor’s interests, not to exceed $100 in any cash, bank deposits, credit stead rights. (See 14 Iowa. 438.) union share drafts or other deposits, or other personal property not otherwise specifically Effective May 30, 1986, if homestead exemption waiver contained in written contract, provided; (14) debtor’s interest, not to exceed $500 in any residential rental deposit, affecting agricultural land or appurtenances on land, contract must contain statement in residential utility deposit and any prepaid rent under any unexpired residential lease; (15) substantially following form, in boldface type of minimum size of ten points, signed and debtor’s interest in payments reasonably necessary for support of debtor or debtor’s dated by person waiving exemption at time of contract’s execution: ‘‘I understand that dependents to or for benefit of debtor or debtor’s dependents, including structured homestead property is in many cases protected from the claims of creditors and exempt settlements, resulting from personal injury to debtor or debtor’s dependents or wrongful from judicial sale; and that by signing this contract, I voluntarily give up my right to this death of decedent upon which debtor or debtor’s dependents were dependent. (627.6). protection for this property with respect to claims based upon this contract.’’ (561.22). Purchase Money Claims.—No property is exempt from execution issued for purchase Rights of Surviving Spouse.—In case of death of homestead owner, surviving spouse money of property claimed to be exempt. (627.5). has a right to elect to retain the homestead for life in lieu of his or her distributive share Automobile necessary and used for purpose of earning a living is exempt, except as of the real estate. (561.12; 633.240). against purchase money mortgage or claim for damage occasioned by use on public highway in this state. (627.7). JUDGMENT NOTES: Money received as a pension from the United States is exempt in case of a resident, See category Business Regulation and Commerce, topic Bills and Notes. whether head of a family or not. (627.8). LEVY: Workmen’s compensation awards are exempt except for non-Federally protected financial support indebtedness. (627.13). See topics Attachment, Executions. Rights of surviving widow in exempt property. See category Estates and Trusts, topic LIENS: Descent and Distribution. Livery and feed stable keepers, herders, feeders and keepers of stock and garage Proceeds of Insurance.—See 627.6(6) as amended by 1988 legislation and 627.6(8) keepers have liens on all property coming into their hands for charges and expenses of as amended by 1992 legislation and 627.6(8) as amended by 1999 Acts. keeping; may be enforced by sale of said property after giving to the owner or claimant, Earnings.—Individual earnings exempt as provided by Federal Consumer Protection if found within the county, ten days notice in writing of the time and place of sale and Act, Title III. No judgment creditor can garnish debtor earning less than $12,000 per year posting written notices thereof in three public places in the township where the property for more than $250 per year. Debtor earning more than $12,000 per year can be garnished was kept. (579). in higher amounts pursuant to 642.21. Artisan has a lien for services or material in making, repairing or improving personal Homestead Exemption.—See topic Homesteads. property, while same is lawfully in his possession; may be enforced by suit in equity or in same manner as common carrier’s lien. (577). Bankruptcy Exemption.—Debtor to whom law of this state applies on date of filing of petition in bankruptcy is not entitled to elect to exempt from property of bankruptcy Hotel keeper has a lien on baggage of guest for accommodations, etc., furnished and estate property that is specified in 11 U.S.C. §522(d) (1979). This section is enacted for money paid for or advanced to guest; may be enforced by taking and retaining possession purpose set forth in 11 U.S.C. §522(b)(1) (1979). (See 627.10.) of all baggage and by action at law aided by attachment and execution or, after 90 days, by sale of baggage after notice. (583). FORECLOSURE: Hospital furnishing medical or other service to person injured in accident not covered See topic Liens; category Mortgages, topic Mortgages of Real Property. by Workmen’s Compensation Act has lien for its reasonable charges on any recovery by such person or his representative for such injury. Written notice of lien must be filed in FRAUDULENT SALES AND CONVEYANCES: office of clerk of district court of county in which hospital is located and a copy mailed to person alleged to be liable. (582). Grantor of real estate conveyed in fraud of creditors shall, as to such creditors, be deemed equitable owner thereof, and such interest may be attached, when petition alleges Veterinarian shall have agricultural lien as provided in §554.9102 for actual and such fraudulent conveyance and holder of legal title is made party to action. (639.60). reasonable value of treating livestock, including cost of any product used and actual and reasonable value of any professional service rendered by veterinarian. Veterinarian is Bulk Sales.—Art. 6 of Uniform Commercial Code repealed. (554). secured party and owner of livestock is debtor for purposes of c. 554, art. 9. Lien applies to livestock treated by veterinarian. (581.2A). Such lien may receive special priority if GARNISHMENT: perfected. (581.2). Veterinarian may enforce his lien in manner provided for agricultural Property or money belonging to defendant in hands of debtor may be garnished either liens pursuant to UCC, §554, Art. 9, Part 6. (581.4). in attachment proceedings or upon execution. (642.13). Harvester’s Lien.—One who bales, chops, combines, cuts, husks, picks, shells, stacks, Answer of Garnishee.—When plaintiff, in writing directs sheriff to take answer of threshes, or winnows crop shall have agricultural lien as provided in §554.9102 for garnishee, sheriff shall put to garnishee specific questions and append examination to reasonable value of harvesting services. Such harvester is secured party and person for sheriff’s return. (624.5). whom harvester renders such harvesting services is debtor for purposes of c. 554, Art.

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–13 DEBTOR AND CREDITOR MARTINDALE-HUBBELL LAW DIGEST - 2008

LIENS . . . continued RECEIVERS: 9. Lien applies to crops harvested by harvester. (571.1A, .1B). Liens perfected under On petition of either party to civil action or proceeding, where he shows that he has §571.3 have priority over conflicting security interest in harvested crops regardless of probable right to or interest in any property which is subject of controversy, and that such when such security interest is perfected. (571.3A). Lien is enforced in manner provided property or its rents and profits are in danger of being lost or materially injured or for agricultural liens pursuant to UCC §554, Art. 9, Part 6. (571.5). impaired, court may appoint receiver to take charge of such property during pendency Release of Property.—The owner of any personal property within the state where the of action. (680.1). same is held by any one claiming a common law or statutory lien upon the said property, See also category Business Organizations, topic Corporations. may have the property released upon the giving of a bond in double the amount of the lien claimed, conditioned on the payment to the one claiming the lien, any sum that may REDEMPTION: be found to be due and to have been a lien on the personal property at the time the bond See topics Executions, Liens; categories Mortgages, topic Mortgages of Real Property; was given, by the judgment of any court having jurisdiction. The bond must be signed Taxation, topic Taxes. by one or more sureties and be filed with and approved by clerk of district court. After the bond is filed and written notice of such filing given, the one claiming the lien must SUPPLEMENTARY PROCEEDINGS: surrender possession of the property to the owner thereof. (584). See topic Executions. Redemption.—There is no right of redemption as to personalty sold in the enforcement of a lien thereon. TRUSTEE PROCESS: Mechanics’ Liens.—Person laboring on or furnishing material, machinery, or fixtures See topic Garnishment. for any building or improvement upon land, including those engaged in the construction or repair of any work of internal improvement, or in grading, sodding, installing nursery USURY: stock, landscaping, sidewalk building, or fencing any land or lot by virtue of any contract See category Business Regulation and Commerce, topic Interest. with owner, may have for his labor done or material furnished, lien upon said improvement and upon the land belonging to the owner on which it is situated. (572.2). To protect lien against subsequent purchasers in good faith and without notice, party entitled to lien must file with clerk of district court verified statement of claim after DISPUTE RESOLUTION allowing all credits, showing dates of performing labor or furnishing material together ALTERNATIVE DISPUTE RESOLUTION: with correct description of property to be charged with lien and name and last known mailing address of owner, agent, or trustee of property. (572.8). If principal contractor, Mandatory Dispute Resolution.—Neither Iowa legislature nor Iowa courts have or if subcontractor within 90 days from date on which last material or labor was imposed any rules or regulations requiring individuals to submit to mandatory alternative furnished. Failure to file such statement does not defeat lien, but it becomes subject to dispute resolutions except that in certain situations involving issues of public welfare, rights of purchasers or encumbrancers in good faith, without notice, whose rights accrued parties may be required to submit to mediation, arbitration or binding arbitration. (20.20- after expiration of 90 days and before statement was filed. (572.9). In case of lien upon 22, 275.30, 357A.21, 358.30, 679B). railway, subcontractor shall have 90 days from last day in month in which last labor was Voluntary Dispute Resolution.—Locally organized dispute resolution centers have done or material furnished in which to file his statement. (572.12). In case of ‘‘owner- been created to make mediators and informal dispute resolution procedures available in occupied dwelling’’ lien of subcontractor is not enforceable except to extent of amount many types of cases, including civil claims and disputes, child custody and visitation owed to principal contractor at time subcontractor serves written notice form of claim disputes, juvenile offenses and criminal complaints. (679.5). Mediation also is contem- on owner. (572.14). Subcontractor filing his statement more than 90 days after last plated under Iowa law in several other types of matters such as farm credit disputes and materials or services were provided must also serve notice of filing of lien on owner or warranty disputes. (654A). Arbitration is available to individuals if enforceable arbitra- his agent in order fully to protect his lien against subsequent purchasers or encumbrances. tion agreement exists, but generally application can be made to district court to confirm, (572.10). Subcontractor may be awarded exemplary damages from principal contractor modify or vacate award. (679A-679B). for failure to pay after receiving full payment from owner. (572.30). Foreclosure.—Mechanic’s lien is enforced by equitable proceeding within two years ARBITRATION AND AWARD: from expiration of time for filing lien. (572.26-.27). If owner serves written demand for (c. 679A). suit, action must be commenced within 30 days or rights are lost. (572.28). Uniform Arbitration Act adopted. Public Improvements.—Person performing labor or furnishing materials, service, trans- Controversy which might be subject of civil action may be submitted to decision of portation, feed, provisions, fuel, lubricants, or workmens compensation insurance, in one or more arbitrators by written agreement of parties specifying demands to be sub- construction of any public improvement may make claim against bond required of mitted, names of arbitrators, and court by which judgment on award to be rendered. contractor officer of public corporation by filing with board or commission authorized by law to let contracts for such improvement verified, itemized statement of demand, within Rescission.—Submission cannot be revoked except by consent of parties. 30 days after completion and final acceptance of improvement. (573.1, .10). Claims for Judgment on Award.—When award is adopted it has same force and effect as jury material, unless ordered by general contractor or his authorized agent, must be supported verdict and judgment may be entered and execution issued accordingly and appeal may by certified statement that general contractor was notified within 30 days after materials be taken to Supreme Court. (679A.14). were furnished, or by itemized invoices rendered to contractor during progress of work, Labor Disputes.—A dispute arising between any employers and their employees or of amount, kind and value of material. (573.15). On improvement involving $25,000 or association of employees, except employers or employees having interstate trade rela- over, principal contractor must give bond, in amount not less than 75% of contract price, tions operating through or by state or international boards of conciliation, which dispute for faithful performance of contract and payment of all just claims for labor or material. is likely to cause a strike or lock-out involving ten or more wage earners and is likely If no part of contract price paid until after completion of improvement, amount of bond to interfere with business, or public peace, or the welfare of the community, may be may be 25% of contract price. (573.2, .5). referred to a board of arbitration, on application of either of the parties, or of the mayor Public corporation, principal contractor, any claimant for labor or material who has of the city, or the chairman of the board of supervisors of the county or on petition of filed his claim, or surety on any bond given for performance of contract, may after twenty-five citizens. The Governor appoints two members of the board, who appoint a expiration of 30 days and not later than 60 days following completion and final accep- third. Witnesses may be subpoenaed, evidence taken and decisions made and filed with tance of such improvement, bring action in equity in county where improvement is the Governor who shall publish the same. The decision is binding only if so agreed in located to adjudicate all rights to said fund or to enforce liability on said bond. (573.16). advance by the parties. (679B.1-679B.8). Court must adjudicate all claims and payments must be made in following order: Costs of action, claims for labor, claims for materials, claims of public corporation. (573.18). Implementation of Agreements to Arbitrate.—Validity of agreement, and procedural aspects of arbitration process including hearing, vacating award, modification and judg- Attachment Lien.—See topic Attachment. ment or decree or award, adopted in 679A, and applies to agreements made after July Attorney’s Lien.—See category Legal Profession, topic Attorneys and Counselors. 1, 1981. Execution Lien.—See topic Executions. Judgment Lien.—See category Civil Actions and Procedure, topic Judgments. DOCUMENTS AND RECORDS Landlord’s Lien.—See category Property, topic Landlord and Tenant. Liens on Exempt Property.—See topic Exemptions. ACKNOWLEDGMENTS: Liens on Homestead.—See topic Homesteads. Acknowledgment of any deed, conveyance, or other instrument in writing by which real estate in this state is conveyed or encumbered, whether made within this state, Real Estate Mortgage Lien.—See category Mortgages, topic Mortgages of Real outside this state, outside U.S., or under federal authority is notarial act and must comply Property. with c. 9E. (558.20). Tax Lien.—See category Taxation, topic Property Taxes, subhead Lien. Notarial acts in this state may be performed by following persons: Notary public; Uniform Commercial Code adopted. (554). See category Business Regulation and judge, clerk, or deputy clerk of court of this state; person authorized by law of this state Commerce, topic Commercial Code. to administer oaths; any other person authorized to perform specific act by law of Iowa; registrar of vital statistics or designee of registrar of vital statistics. (9E.10). MECHANICS’ LIENS: Notarial acts in other jurisdictions of U.S. have same effect under law of Iowa as See topic Liens. if performed by notarial officer of Iowa, if notarial act is performed in another state, commonwealth, territory, district, or possession of United States by any of following PLEDGES: persons: notary public of that jurisdiction; judge, clerk, or deputy clerk of court of that Uniform Commercial Code adopted. (554). See category Business Regulation and jurisdiction; any other person authorized by law of that jurisdiction to perform notarial Commerce, topic Commercial Code. acts. (9E.11). Pledgee of stock of corporation under Iowa Business Corporation Act may vote. Notarial acts under federal authority have same effect under law of Iowa as if (490.724[2][d]). See category Business Organizations, topic Corporations. performed by notarial officer of Iowa, if notarial act is performed anywhere by any of

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–14 IOWA LAW DIGEST DOCUMENTS AND RECORDS

ACKNOWLEDGMENTS . . . continued Affidavits may be made before: The judges, including district associate and mag- following persons under authority granted by law of United States: judge, clerk, or istrates, official reporters and clerks of courts, notaries public, certified short hand re- deputy clerk of court; commissioned officer on active duty in military service of United porters. (63A.1). Affidavits taken out of state before any judge or clerk of court of record, States; officer of foreign service or consular officer of U.S.; any other person authorized before notary public, or before commissioner appointed by governor of Iowa, are of same by federal law to perform notarial acts. (9E.12). credibility as if taken within state. (622.86). Married persons acknowledge as though sole; separate examination not required. General Requirements.—The parties making oath must appear before the officer; (558.35). otherwise the officer may not lawfully attach his seal to the document sworn to. (9E.9). Attorneys in Fact.—Execution of written instrument by attorney in fact may be Use of Affidavits.—May be used to evidence facts such as posting of notice. (622.92, acknowledged by attorney executing it. (558.36). 94). Necessity and Effect.—Acknowledgment is not necessary to validity of any instru- Alternative to Affidavit.—No statutory provision. ment except assignment of wages by head of family. (539.4). Document shall not be deemed lawfully recorded, unless it has been previously acknowledged or proved in Form of Jurat manner prescribed in c. 9E, except that affidavits, and certified copies of petitions in State of ....,County of ....,ss:Signed and sworn to before me this ....day bankruptcy with or without schedules appended, of decree of adjudication in bankruptcy, of...,.....(Seal impression affixed, followed by title and signature of officer.) and of orders approving trustees’ bonds in bankruptcy, and Uniform Commercial Code (9E.15[3]). financing statements and financing statement changes need not be thus acknowledged. (558.42). NOTARIES PUBLIC: Proof by Witness.—Proof of the due and voluntary execution and delivery of a deed or other instrument may be made before any officer authorized to take acknowledgments (9E). by one competent person other than the vendee or other person to whom the instrument Secretary of state may appoint as notaries public Iowa residents and residents of is executed in the following cases: (1) If the grantor dies before making the acknowl- bordering states whose work or business is within state of Iowa. (9E.3). All applicants, edgment; (2) if his attendance cannot be procured; (3) if, having appeared, he refuses to except members of general assembly, must pay $30 fee. (9E.6). Notary public term is acknowledge the execution of the instrument. (558.31). three years for Iowa residents, one year for residents of bordering states and length of In such case the certificate of the officer must state (1) title of officer taking proof, (2) term of office for general assembly members. (9E.4). that it was satisfactorily proved that grantor was dead, or that for some other reason his Powers.—Notaries are authorized to take acknowledgments, take verifications upon attendance could not be procured in order to make acknowledgment, or that, having oath or affirmation, witness or attest signature, certify or attest copy of document, and appeared, he refused to acknowledge same, (3) name of witness by whom proof was make or note protest to negotiable instrument. (9E.9). made, and that it was proved by him that instrument was executed and delivered by Certificate of Authority.—See topic Acknowledgments, subheads Authentication and person whose name is thereunto subscribed as party. (558.32). Forms—Certificate of Notarial Acts. Authentication.—For acknowledgments in Iowa, in other jurisdictions of U.S., or Stamp or Seal. made under federal authority, signature and title of person performing acknowledgment —No stamp or seal is required to execute notarial act by judicial are prima facie evidence that signature is genuine and that person holds designated title. officer. (9E.6A). (9E.10, .11, .12). Secretary of State will issue certificate stating person residing in state bordering Iowa RECORDS: is Notary Public in State of Iowa if such person has place of work in Iowa. (9E.3). Fee No instrument affecting real estate is valid against subsequent purchasers for value for issuance is $30. (9E.6). without notice unless filed and recorded in county in which real estate is located. Alternative to Acknowledgment or Proof.—No statutory provision. (558.41). For list of Counties and County Seats see first page for this state in Volume containing Practice Profiles Section. No instrument deemed lawfully recorded unless Forms—Certificate of Notarial Acts.—Notarial act must be evidenced by certificate previously acknowledged in manner prescribed. (558.42). No deeds or other instruments signed and dated by notarial officer. Certificate must include identification of jurisdiction unconditionally conveying real estate, or altering real estate contract, will be recorded in which notarial act is performed and title of office of notarial officer and shall include until entered for taxation upon transfer books in office of county auditor. (558.57). With official stamp or seal of office. If notarial officer is commissioned officer on active duty each declaration of value submitted to county recorder, there must be submitted statement in military service of U.S., certificate must also include officer’s rank. (9E.14[1]). regarding whether any private burial sites, wells, solid waste, disposal sites, underground The following short form certificates of notarial acts are sufficient for the purposes storage tanks, or hazardous wastes are known to be situated on property. (558.69). indicated, if completed with the information required by §9E.14(1). 1. For an acknowledgment in an individual capacity: Uniform Commercial Code adopted. (554). See category Business Regulation and State of .... Commerce, topic Commercial Code. (County) of .... Filing Under Commercial Code.—In §9-501 (IA 554.9501), relating to place of filing to perfect security interest, second alternative subsection has been adopted as subsection This instrument was acknowledged before me on .....(date) by ....(name(s) of (1). Proper office for filing pursuant to this subsection is office of county recorder or person(s)). secretary of state (Secretary of State, UCC Filings, Hoover State Office Building, Des (signature, title (and rank), and stamp/seal of notarial officer) Moines, IA 50319), depending on nature of collateral. If on form conforming to standards prescribed by secretary of state, filing fee shall be $10 for one or two pages, $20 if there 2. For an acknowledgment in a representative capacity: are additional pages. Fee is $5 if filed in authorized non-paper manner. State of .... (County) of .... Recording Fees.—$5 for each page or fraction thereof. (331.604). This instrument was acknowledged before me on (date) by (name(s) of person(s)) as Torrens Act.—No Torrens Act or other statute for registration of land titles is in force. (type of authority, e.g., officer, trustee, etc.) of (name of party on behalf of whom Transfer of Decedent’s Title. instrument was executed). —Probate records are sufficient to show transfer to (signature, title (and rank), and stamp/seal of notarial officer) decedent’s devisees or heirs of his title to real estate in county where estate was administered. Certified transcript of probate proceedings should be filed with clerk of 3. For a verification upon oath or affırmation: district court in any other county in which real estate of decedent is situated in order to State of .... show transfer of title thereto. If decedent was a nonresident, ancillary administration is (County) of .... usually necessary, although in some situations where the statute of limitations has run Signed and sworn to (or affirmed) before me on ....by....(date) (name(s) of or security for claims of creditors has been given the filing of a transcript of foreign person(s) making statement). probate proceedings may be accepted as showing merchantable title, save for showing (signature, title (and rank), and stamp/seal of notarial officer) as to inheritance tax. (633.350). Vital Statistics.—Reports of births and deaths must be made to local registrar of vital 4. For witnessing or attesting a signature: statistics; of marriages to clerk of district court of county where solemnized. (144). State of .... Copies of birth, death or marriage certificates may be obtained from Clerk of District (County) of .... Court of county or from State Registrar of Vital Statistics, Iowa State Department of Signed or attested before me on .....by....(date) (name(s) of person(s)). Health, Records Division, Lucas Building, Des Moines, Iowa 50319. Fee, $10. (signature, title (and rank), and stamp/seal of notarial officer) Establishing Birth Records.—Department of Vital Statistics will issue a certificate on presentation of prescribed evidentiary requirements. (144.13). 5. For attestation of a copy of a document: State of .... SEALS: (County) of .... I certify that this is a true and correct copy of a document in the possession of .... Use of private seals on written contracts, except those of corporations, is abolished. Dated ..... (537A.1). (signature, title (and rank), and stamp/seal of notarial officer) Corporate Seals.—In the execution of instruments affecting real estate a corporation may attach its seal. If none has been adopted such fact may be stated in conveyance. (9E.15). (558.2-.3). Validating Acts.—Any written instrument, and recording thereof, acknowledged more Effect of Seal.—Use of seals has no legal effect. than ten years earlier, in proper county, is legalized and valid, although defectively acknowledged. (586.1). Uniform Commercial Code adopted. (554). See category Business Regulation and Commerce, topic Commercial Code. AFFIDAVITS: Affidavits should be made in writing, under oath, before any person authorized to TORRENS ACT: administer oaths within or without the state. (622.85). None.

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–15 DOCUMENTS AND RECORDS MARTINDALE-HUBBELL LAW DIGEST - 2008

VITAL STATISTICS: WORKERS’ COMPENSATION LAW: See topic Records. See topic Labor Relations.

EMPLOYMENT ENVIRONMENT EMPLOYER AND EMPLOYEE: ENVIRONMENTAL REGULATION: General Supervision.—Director of Department of Natural Resources, Natural Re- See topic Labor Relations. source Commission, Environmental Protection Commission. Director plans, coordinates, and executes functions vested in department. Natural Resource Commission establishes LABOR RELATIONS: policy and adopts rules to provide for effective management of lands and waters of Iowa. For regulations as to labor disputes, see category Dispute Resolution, topic Arbitration Environmental Protection Commission establishes policy and adopts rules to provide for and Award. For provisions as to lien for labor, see category Debtor and Creditor, topic effective protection of environment of Iowa. (455A.4-.6). Liens. Prohibited Acts of Pollution.— Child Labor.—Child under ten may not work in street occupations of peddling, Air Pollution.—Defined as: Presence in outdoor atmosphere of one or more air con- bootblacking, distribution or sale of newspapers, magazines, periodicals, or circulars. taminants in sufficient quantities and of such characteristics and duration as is or may Child under 12 may not work in connection with migratory labor. (92.1). Child 12 to 14 reasonably tend to be injurious to human, plant, or animal life, or to property, or which may not work in connection with migratory labor during school hours. (92.3). Child unreasonably interfere with enjoyment of life and property (455B.131). Prohibited acts under 16 may not work in any occupation during school hours except for limited specified in statute. (455B). exceptions. (92.4). Child 14 to 15 may work in retail food and gasoline service areas, Water Pollution.—Defined as: Contamination or alteration of physical, chemical, bio- office and clerical work, cashiering, selling, modeling, art work, advertising, window logical, or radiological integrity of any water of state by source resulting wholly or partly trimming, comparative shopping, price marking, assembling orders, bagging and carry- from activities of humans, which is harmful, detrimental, or injurious to public health, out service, errand and delivery, clean-up work, kitchen work, cleaning vegetables and safety, or welfare, to domestic, commercial, industrial, agricultural, or recreational use fruits. (92.5). Child 14 to 15 may not work in any mine, manufacturing occupation, or to livestock, wild animals, birds, fish, or other aquatic life. (455B.171). Prohibited acts processing occupations, public messenger service, operation of any power-driven ma- specified in statute. (455B). chinery, hazardous occupations, transportation of persons or property, warehousing and Solid, Radioactive, Hazardous Wastes.—Defined by statute. (455B.301, -.331, -.411). storage, communications and utilities, construction, including repair, certain occupations Prohibited acts specified in statute. (455B). Moratorium on construction and operation of in retail food or gasoline service establishments. (92.6). Child under 18 shall not work certain commercial waste incinerators. (455B.151). Ownership of hazardous condition in any occupation concerning explosives, motor vehicle driver and helper, logging and sites. (455B.171[16]). sawmill occupations, power-driving wood-working machines, radioactive substances, Enforcement.—Director of Department of Natural Resources, Environmental Protec- elevators, power-driving machinery, mining, meat packing and slaughtering, manufac- tion Commission, and Attorney General may enforce. Citizens’ suits permitted in certain turing of brick and tile, shipbreaking operations, roofing operations, excavation, found- situations. Injunctive relief, civil and criminal penalties available. (455B.111). ries, laundry and poisonous dyes or chemicals, and others. (92). Penalties.—Civil penalties will be imposed for specified violations. (455B.109). Fed- Health and Safety Appliances-Labor-Occupational Safety and Health Act.—Labor eral Air Quality regulations adopted with and civil penalties for violations. commissioner authorized to set mandatory occupational safety and health standards (455B.133[3]). applicable to business, and an occupational safety and health review commission created Permits.—General permits are granted, modified, denied, suspended, or revoked by for carrying out adjudicatory functions. (88.1). Each employer, a person engaged in a Director of Natural Resources. (455B.103A). Permits required for infectious waste treat- business who has one or more employees, including state, its agencies and political ment or disposal facilities. (455B.503). subdivisions, has duty to furnish to employees employment and a place of employment free from recognized hazards that are causing or likely to cause death or serious physical harm to his employees, and comply with standards promulgated under Act. (88.3, .4). ESTATES AND TRUSTS Each employee has duty to comply with such standards applicable to him. (88.4). Each employer must keep such records as prescribed by commissioner including records of ADMINISTRATION: deaths, injuries, illnesses, loss of consciousness, restriction of work or motion, transfer See topic Executors and Administrators. to another job, and exposures to toxic materials. (88.6). Wages must be paid employee at least monthly on regular paydays. Regular payday ADVANCEMENTS: shall not be more than 12 days, excluding Sundays and legal holidays, after end of period See topic Descent and Distribution; category Mortgages, topic Mortgages of Real in which wages were earned, except upon written agreement between employer and Property. employee. Expenses incurred by employee and authorized by employer must be reim- bursed in advance or within 30 days after submission of expense claim. (91A.3). When ALLOWANCES: employment suspended or terminated, employer must pay all wages earned (less de- See topic Executors and Administrators. ductions) up to time of suspension or termination not later than next regular payday. If vacations are due employee under agreement with employer or policy of employer CLAIMS: establishing pro rata vacation accrued, increment shall be in proportion to fraction of year which employee was employed. (91A.4). See topic Executors and Administrators; category Civil Actions and Procedure, topic Priority is accorded to all wage claims for services rendered within 90 days preceding Pleading. an assignment for benefit of creditors (681.13); to extent of $100 when property is seized DEATH: under process or placed in the hands of a receiver (626.69). Iowa minimum wage shall be either that imposed by Fair Labor Standards Act, 29 Five years unexplained absence of a person will raise a presumption of death, provided U.S.C. §206, or State minimum wage defined in c. 91D.1, whichever is greater. (91D.1). his relatives show that a diligent inquiry has been made. (633.510 et seq.). See category Property, topic Absentees. Labor Unions.—Membership and nonmembership in unions recognized and protected. (731.1). ‘‘Right to work’’ law adopted. (732). Survivorship.—Uniform Simultaneous Death Act has been adopted. (633.523.-.528). Action for Death.—Action for death survives and may be maintained by administrator Workmen’s Compensation Act provides compensation for injuries to employees in of decedent. (611.20, 22; 613.15). Must be commenced within two years. (R.C.P. 1.221). the course of, and arising out of, the employment. (85). Exemptions from compensation Parent may maintain action for wrongful death of infant child and recover for loss of listed. (85.1 et seq.). services. (R.C.P. 1.206). Parent may maintain action for loss of service, companionship In said act there is schedule by which compensation of any injured employee is to be and society resulting from injury or death to adult or minor child. (613.15A). No statutory determined. (85.36, .34). All settlements are subject to the approval of workers’ com- limitation on amount of recovery. In case of both men and women, recovery may include pensation commissioner. (85.35). Action for recovery under compensation law must be value of services and support as spouse or parent. (613.15). begun within two years after injury. (85.26). Action for review of award or agreement If decedent leaves spouse, child or parent, damages for wrongful death shall not be for settlement must be brought within three years after last payment of compensation. subject to debts and charges of decedent’s estate, except for amounts repaid to Dept. of (85.26). Judicial review of decisions or orders of Industrial Commissioner may be sought Human Services for Medical Assistance paid pursuant to c. 249A. (633.336). in accordance with c. 17A, Iowa Administrative Procedure Act, or petitions for judicial review may be filed in district court of county where hearing was held. Said reviews are Official certificate of death of a person may be obtained from the State Registrar of given priority over other matters pending before district court. (86.26). Vital Statistics, Iowa State Department of Health, Records Division, Lucas Building, Des Each employer coming within provisions of act is required to insure with some Moines, Iowa 50319, or from county registrar. Fee, $10. responsible company approved by commissioner of insurance against liability under said Revised Uniform Anatomical Gift Act.—Promulgated 2006, adopted 2007. (142C). act, and all insurance is required to be carried for benefit of employees or their depen- Living Wills.—See topic Wills. dents. (87.1). Upon showing of financial responsibility or posting security which is satisfactory to industrial and insurance commissioner, employer may be relieved from DECEDENTS’ ESTATES: obligation of carrying insurance. (87.11). Occupational Diseases.—Certain occupational diseases are compensable. (85A). Notice.—At any time following issuance of letters testamentary or of administration upon decedent’s estate, any interested person may file written request for notice of time Unemployment Compensation.—With numerous exceptions and qualifications, pay- and place of all hearings in such estate. (633.42). able to persons involuntarily unemployed who have worked for a covered employer. (96). Share of Heirs.—Order in which intestate estate passes when not passed to surviving Discrimination.—Employer shall not discriminate on basis of age, race, creed, color, spouse. See 633.219. sex, sexual orientation, gender identity, national origin, religion, or disability of such See also topics Descent and Distribution, Executors and Administrators, Wills; cat- applicant or employee, unless based upon nature of occupation. (216.6). egory Debtor and Creditor, topic Homesteads.

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–16 IOWA LAW DIGEST ESTATES AND TRUSTS

DESCENT AND DISTRIBUTION: ESTATES: Share of Others than Surviving Spouse.—Part of intestate estate not passing to See topic Decedents’ Estates; category Property, topic Real Property. surviving spouse passes as follows: (1) To issue of decedent per stirpes; (2) if no surviving issue, to parents of decedent equally; (3) if not (1) or (2) of this section, estate EXECUTORS AND ADMINISTRATORS: shall be divided and set aside into two equal shares. One share shall be distributed to Jurisdiction of estates of decedents is in district courts. (633.10). Venue is in county issue of decedent’s mother per stirpes and one share shall be distributed to issue of where decedent resided, or if decedent was nonresident, where he owned property. decedent’s father per stirpes. If there is no surviving issue of one deceased parent, entire (633.12). If nonresident owned property in more than one county, that court has juris- estate passes to issue of other deceased parent; (4) if not (1), (2) or (3) of this section, diction in which proceedings are first commenced. (633.14). and decedent is survived by one or more grandparents, half estate passes to paternal grandparents if both survive, or to surviving paternal grandparent if only one survives. Preferences in Right to Administer.—Administration is granted in the following If neither paternal grandparent survives, this half share shall be further divided into two order of preference where there is no will: (1) To surviving spouse; (2) to heirs; (3) to equal sub-shares. One sub-share shall be distributed to issue of decedent’s paternal creditors; (4) to any other person showing good grounds therefor. (633.227). Surviving grandmother per stirpes and one sub-share shall be distributed to issue of decedent’s spouse has 20 days in which to apply for letters, after burial of decedent; other classes paternal grandfather per stirpes. If there are no surviving issue of one deceased paternal have ten days each; then any member of any class may file. (633.228). grandparent, entire half share passes to issue of other deceased paternal grandparent and Eligibility.—Any person of full age, except under legal competency, alcoholic, spend- their issue in same manner. Other half of decedent’s estate passes to maternal grand- thrift, or determined by court to be unsuitable, and any bank or trust company organized parents and their issue in same manner. If there are no surviving grandparents on either under laws of U.S. or state of Iowa when approved by superintendent of banking under paternal or maternal side, surviving grandparents or issue of grandparents on either 524-.1001 of Code, are authorized to act in fiduciary capacity in Iowa, and may serve paternal or maternal side, entire estate passes to decedent’s surviving grandparents or as executor or administrator. (633.63). Nonresident may be appointed. (633.64). Banks their issue on other side; (5) if not (1), (2), (3), or (4) of this section, and decedent is and trust companies organized under laws of U.S. or other state, and authorized to act survived by one or more great grandparents or issue of great grandparents, estate passes in fiduciary capacity in other state, are permitted to act as fiduciary in Iowa if banks and equally to each set of great grandparents, or to their issue, if any survive, per stirpes; trust companies of this state are permitted to act as fiduciary in state where such bank (6) if not (1), (2), (3), (4) or (5) of this section, uninherited portion shall go to issue of or trust company is located. (633.64). Private nonprofit corporations organized under 504 deceased spouse of intestate, per stirpes. If intestate has had more than one spouse who or 504A qualified to act as guardian or conservator under certain circumstances. (633.63). died in lawful wedlock, it shall be equally divided between issuer, per stirpes, of those Bond.—Administrators, and executors must give bonds fixed by court or clerk. deceased spouses; (7) if not (1), (2), (3), (4), (5) or (6) of this section, intestate property (633.169-.171). Bond may be waived by will, and court may waive it if distributees shall escheat to State of Iowa. (633.219). consent in writing or other good cause is shown. (633.172-.175). Banks and trust com- Share of Surviving Spouse.—If decedent dies intestate leaving surviving spouse and panies not required to provide bond unless required by instrument creating relationship leaving no issue or leaving issue all of whom are issue of surviving spouse, surviving or order of court. (633.172). spouse shall receive following share: (1) All value of all legal or equitable estates in real Removal.—When fiduciary becomes ineligible for original appointment, has misman- property possessed by decedent at any time during marriage, which have not been sold aged estate, has failed to perform any duty imposed by law or by court order, or ceases on execution or by other judicial sale, and to which surviving spouse has made no to be a resident of the state, he may be removed. (633.65). relinquishment of right; (2) all personal property that, at time of death, was, in hands of decedent as head of family, exempt from execution; (3) all other personal property of Limitations.—Probate of will, original administration of intestate estate or ancillary decedent which is not necessary for payment of debts and charges. (633.211). administration of estate, shall not be granted after five years from death of decedent, If decedent dies intestate leaving surviving spouse and leaving issue some of whom unless petition for probate or administration is filed within five year period. (633.331). are not issue of surviving spouse, surviving spouse shall receive following share: (1) Inventory must be filed by executor or administrator within 90 days after his quali- One-half in value of all legal or equitable estates in real property possessed by decedent fication unless longer time is granted by court. (633.361). at any time during marriage, which have not been sold on execution or by other judicial Notice to Creditors.—Executors and administrators must, as soon as letters are issued, sale, and to which surviving spouse has made no relinquishment of right; (2) all personal publish notice of appointment once each week for two consecutive weeks. (633.230[1], property that, at time of death, was in hands of decedent as head of family, exempt from .304). If personal knowledge of name and address of potential person believed to own execution; (3) one-half of all other personal property of decedent which is not necessary or possess claim, heir must give notice by ordinary mail. (633.230[2]). for payment of debts and charges; (4) if property received by surviving spouse under subsections 1, 2, and 3 of this section is not equal in value to sum of $50,000, then so Presentation of Claims.—Claim must be filed with clerk of court within four months much additional of any remaining homestead interest and of remaining real and personal after publication of notice to creditors or one month if notice was given to claimant by property of decedent that is subject to payment of debts and charges against decedent’s mail. (633.410[1]). This does not bar claims for which there is insurance coverage, to estate, after payment of debts and charges, even to extent of whole of net estate, as extent of coverage. (633.410[3]). necessary to make amount of $50,000. (633.212). Unmatured claim must be presented like any other claim. (633.421, .422). Except as provided in §§633.211 and 633.212, shares of distributees shall abate, for Secured claim need not be presented in order to protect security, but must be presented payment of debts and charges, federal and state estate taxes, legacies, shares of children in order to protect excess over security. (633.414, .422, .423). born or adopted after making of will, or share of surviving spouse who elects to take Claim on which action was pending when decedent died need not be presented, but against will, without any preference or priority as between real and personal property, notice of substitution must be served on personal representative within time for filing in following order: (1) Property not disposed by will; (2) property devised to residuary claims. (633.415). devisee, except property to surviving spouse who takes under will; (3) property disposed Separate action may be commenced against personal representative within four months of by will, but not specifically devised and not devised to residuary devisee, except of last publication of notice in lieu of filing claim against estate. (633.415). property devised to surviving spouse who takes under will; (4) property specifically Proof of Claims.—Claims must be entitled in the name of the claimant against the devised, except property devised to surviving spouse who takes under will; (5) property executor or administrator, naming him, and the estate, and must be correctly stated; if devised to surviving spouse who takes under will. (633.436). based on a written instrument must have a copy thereof attached; and must be sworn to. This Act applies to estates of decedents dying on or after effective date of Act. (July (633.418-.420). 1, 1985). Form Half-blood share equally with whole blood in inheritance derived through the common Form for proof of claim is as follows: parent. (172 Ia. 575, 154 N.W. 940). In the District Court of ....County, Iowa. ....vs.....,administrator (or executor) of the estate of ....,deceased. Probate No. .... Posthumous children begotten before intestate’s death but born thereafter, inherit as ....,claimant, claims of ....,administrator (or executor) of the estate of said though born in decedent’s lifetime. (633.220). decedent, the sum of $....andinterest at the rate of ....%from the ....dayof Biological children inherit from mother and mother inherits from them. They inherit ....,20....,for(here set forth the nature of the claim) as now fully appears by the from father if evidence proving paternity is available during father’s lifetime or they are (statement of account or other evidence of claim) hereto attached, marked Exhibit A, and recognized by him during his lifetime. Recognition must be general and notorious, or in made a part hereof. writing. If recognition is mutual, father inherits from them. (633.221-.222). Wherefore claimant asks the allowance of said claim...... Adopted Children. —See category Family, topic Adoption. Claimant Advancements.—Property given by the intestate prior to his death to an heir, for the by....Attorney purpose of division and distribution of his estate, is considered to have been given toward State of Iowa, County of ....ss. the heir’s share of the estate, but if advancement exceeds his share he cannot be required ....,being first duly sworn, states that he is ....,andthat the claim against the to refund any portion thereof. Every gratuitous inter vivos transfer is presumed to be estate of ....,deceased, as above set forth, is just, true and correct and remains unpaid absolute gift, and not advancement. Such presumption is rebuttable. (633.224). and that there is no legal offset to the same or any part thereof. (Jurat). Effective Disclaimer.—Unless otherwise provided for by decedent, any disclaimed ...... interest shall be distributed as if disclaimant had predeceased decedent. (633.704F). Approval or Rejection of Claims.—In absence of fraud or collusion, claim stands Election between distributive share and homestead, see category Debtor and Creditor, allowed if admitted in writing by the personal representative. If he rejects claim, he must topic Homesteads; testamentary provision, see topic Wills. mail notice of disallowance to claimant and attorney of record. Claim then is barred Escheat.—Revised Uniform Disposition of Unclaimed Property Act adopted, with unless claimant within 20 days, files request for hearing. (633.428, .439-.443). some modifications. (556). In default of heirs, property escheats to state, subject to Priorities.—(1) Court costs; (2) other costs of administration; (3) reasonable funeral reclamation of proceeds within ten years. (633.219, .543-.546). and burial expenses; (4) debts and taxes having preference under laws of U.S.; (5) See also topic Executors and Administrators. expenses of last illness; (6) taxes having preference under laws of Iowa; (7) any debt for medical assistance paid pursuant to c. 249A.5(2); (8) debts owing to employees for labor ELECTION: performed during the 90 days next preceding death of decedent; (9) unpaid support See topic Wills; category Debtor and Creditor, topic Homesteads. payments; (10) all other claims allowed. (633.425).

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–17 ESTATES AND TRUSTS MARTINDALE-HUBBELL LAW DIGEST - 2008

EXECUTORS AND ADMINISTRATORS . . . continued TRUSTS: Claims Barred.—All claims not filed within four months after giving published notice Iowa Trust Code 1999. (633.1101 et seq.). Trust provisions control over trust code and of appointment or one month if notice was given to claimant by mail are forever barred, common law of trusts supplements trust code. (633.1104-1105). unless personal representative waives such limitation, or unless peculiar circumstances entitle claimant to equitable relief. (633.410[1]). This does not bar claims for which there Kinds.—Definition in probate code includes testamentary trusts and other trusts where is insurance coverage, to extent of coverage, or claims for certain debts relating to court’s jurisdiction is conferred or invoked. (633.3[35]). Charitable Trusts (633.1102, recovery of medical assistance payments, or claimants entitled to equitable relief under .5101). Trust does not include: (1) Totten trust account; (2) custodial arrangement pur- peculiar circumstances. (633.410[2], [3]). suant to Uniform Transfers to Minors Act of any state; (3) business trust that is taxed as partnership or corporation; (4) investment trust subject to regulation under laws of this Sale of realty to pay debts, and charges, distribute estate, or for any other purpose in state or any other jurisdiction; (5) common trust fund; (6) voting trust; (7) security best interests of estate, may be had on petition of the representative. (633.386 et seq.). arrangement; (8) transfer in trust for purposes of suit or enforcement of claim or right; Allowances.—Court may, set off to surviving spouse, or to decedent’s minor children (9) liquidation trust; (10) trust for primary purpose of paying debts, dividends, interest, not living with surviving spouse, sufficient of decedent’s property of such kind as is salaries, wages, profits, pensions, or employee benefits of any kind; (11) arrangement appropriate to support them for 12 months from time of his death. (633.374-.377). Right under which person is nominee or escrow agent for another; (12) constructive or resulting of surviving spouse in exempt property, see topic Descent and Distribution. trusts. (633.1102). Actions.—There is no suspension of right to sue on claims and claimant may bring Creation.—Trust created by (1) Transfer of property to trustee during settlor’s life or action, within four months after the giving of the notice of appointment or within one by will upon settlor’s death; (2) declaration by owner that owner holds property as month if notice was given to claimant by mail, without other presentation of claim. trustee; (3) appointment of another person as trustee; (4) promise enforceable by trustee Action pending against decedent at time of death may be continued against the repre- to transfer property to trustee. (633.2101). sentative. (633.415). Trustees, Appointment, Qualification, Removal, General Powers and Duties of Trustees and Sales and Accountings.—Trustee office filled by methods specified in Accounts and Final Settlement.—Representative may, and must upon order of court, terms of trust; if no terms specify methods, then fill trustee office by: (1) Majority vote file interlocutory accountings from time to time. Final settlement must be made in three of all qualified beneficiaries, who are adults, and representative of any minor or incom- years unless otherwise ordered by court. (633.469, .473). Unless notice is waived in petent qualified beneficiary as provided in §633.6303, or (2) by person appointed by court writing, representative shall serve notice of final report at such time and in such manner on petition of interested person. (633.4105). as court may prescribe. (633.478). Trustee accepts office by (a) signing trust instrument or written acceptance; or (b) Distribution of Estate.—Property not otherwise disposed of may be distributed in knowingly accepting delivery of trust property. (633.4101). kind. (633.472). Specific bequests must be delivered after estate has been open nine Trustee may be removed in accordance with terms of trust on petition of settlor, months unless court orders otherwise. (633.355). Final settlement must be made within co-trustee or beneficiary, or by court. (633.4107). Trustee may resign by certain proce- three years unless otherwise ordered by court. (633.473). dures. (633.4106). Inability to Distribute.—Where fiduciary cannot make delivery to person entitled to Trustee has powers conferred by terms of trust and powers conferred by trust code funds, he may deposit same with clerk. (633.109). unless limited by terms of trust. (633.4401-4402). Trustee has duty to administer trust according to its terms and duty of loyalty to act Fees.—Executors and administrators are allowed reasonable fees, as determined by solely in interest of beneficiaries. (633.4202). court, not in excess of following percentages upon gross assets listed for Iowa inheritance Trustee must keep beneficiaries reasonably informed of administration of trust. tax purposes: 6% on first $1,000; 4% on excess up to $5,000; 2% on excess over $5,000. (633.4213). Gross assets do not include life insurance proceeds unless payable to decedent’s estates. Trustee must exercise discretionary power within bounds of reasonable judgment and (633.197). Fees of attorney for representative are determined in same manner and subject in accordance with fiduciary principles and terms of trust. (633.4214). to same limitations. (633.198). Further allowances may, however, be made by court to Eligibility and Competency.—Same as for executors and administrators. (633.63). executors or administrators and their attorneys for actual, necessary and extraordinary Nonresident may be appointed. services or expenses. (633.199). Investments.—Model Prudent Person Investment Act repealed by 1999 legislation. Small Estates.—See c. 635. Adopted Uniform Prudent Investor Act. (633.4301-4302). When gross value of probate assets of decedent subject to jurisdiction of this state does not exceed $100,000, petition may be filed with clerk for administration of small estate Securities in Name of Nominee.—Permissible for bank or trust company fiduciaries, upon certain conditions. Clerk will issue letters of appointment for administration to but records of institution must show ownership of such investment. (633.124, .125). proposed personal representative, if qualified to serve. (635.1). Personal representatives Compensation.—Trustee entitled to reasonable compensation (633.4109) and repay- must file report and inventory. (635.7). Interested parties may convert proceedings from ment for administration expenses (633.4110). small estate to regular estate or from regular estate to small estate only upon showing Uniform Common Trust Fund Act.—Promulgated 1938, adopted 1964. (633.126- of good cause and court approval. (635.7). Creditors having claims against estate must .127). file them with clerk within time period specified in notice of administration of small Uniform Principal and Income Act. estate. (635.13). —Promulgated 1997, adopted 1999. (637). Gifts to Minors.—Uniform Act repealed effective July 1, 1986. (565A). When Administration Unnecessary.—As a practical matter, administration is necessary in most estates. All of property of decedent is subject to possession of personal Uniform Fiduciaries Act not adopted. representative of estate and control of court for purposes of administration, sale, or other Uniform Simplification of Fiduciary Security Transfers Act repealed. disposition under law. If heirs or persons entitled to inherit property of an estate desire Uniform Transfers to Minors Act adopted effective July 1, 1986. (565B). to avoid appointment of administrator, they or one of them shall file under oath inven- tories and reports and perform all of duties required under law, of administrators, in- Accumulations.—No statutory restrictions. cluding payment of taxes. (633.350, 450.22). Perpetuities.—See category Property, topic Perpetuities. Foreign Executors or Administrators.—If nonresident decedent has property within Pour Over Trusts.—See topic Wills, subhead Bequests and Devises to Inter Vivos this state and administrator has been appointed in accordance with laws of state or Trusts. country where he resided at his death, administrator may qualify in Iowa for purpose of administering property in Iowa by filing with clerk, in county in which property is WILLS: situated, certified copy of original letters or other authority making him administrator. Testamentary Capacity.—Any person of full age and sound mind may dispose of his Resident fiduciary must also be named unless otherwise ordered by court. Court may property by will. (633.264). require payment of all claims filed and allowed belonging to residents of this state, and all legacies or distributive shares payable to residents of this state, before allowing Testamentary Disposition.—Testator may dispose of all his property, subject to the property to be removed from this state. (633.500-.504). See also topic Wills, subhead rights of homestead and exemption created by law, and the distributive share of surviving Foreign Probated Wills. spouse, except sufficient to pay debts and costs of administration. (633.264). Execution.—All wills must be in writing, signed by the testator, or by some person Uniform Fiduciaries Act not adopted. in his presence and by his express direction, declared by him to be his will, and Uniform Principal and Income Act.—Promulgated 1997, adopted 1999. (637). witnessed, at his request, by two competent witnesses. The witnesses must sign in the presence of the testator and of each other. (633.279). Uniform Simplification of Fiduciary Security Transfers Act repealed. Form Uniform Transfer on Death Security Registration Act.—Promulgated 1989, adopted Form of Attestation.—The following may be used: 1997. (633.800). In witness whereof I have hereunto set my hand this ....dayof....,A.D., 20....,(Signature). FIDUCIARIES: The foregoing instrument was on the day of the date thereof signed, published, and declared by ....as,andfor,hislast will and testament in the presence of us, the See topics Executors and Administrators, Trusts; category Family, topic Guardian and undersigned, who at his request and in his sight and presence and in the sight and Ward. presence of each other have hereunto subscribed our names as witnesses. (Signatures).

INTESTACY: Holographic will not executed as stated above is not recognized. See topic Descent and Distribution. Nuncupative Wills.—Not authorized. Revocation.—Will can be revoked in whole or in part only by being cancelled or PROOF OF CLAIMS: destroyed by act or direction of testator with intention of revoking or by execution of See topic Executors and Administrators; category Civil Actions and Procedure, topic subsequent will. Revocation by cancellation must be witnessed in same manner as Pleading. making of new will. (633.284).

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–18 IOWA LAW DIGEST FAMILY

WILLS . . . continued to make such election within four months after second publication of notice, it is Testamentary Gifts to Subscribing Witnesses.—No will is invalidated because at- conclusively presumed that such survivor elects to take under will, unless within such tested by interested witness; but any interested witness shall, unless will is also attested period an affidavit is filed that such survivor is incapable of making an election, in which by two competent and disinterested witnesses, forfeit so much of provisions therein made case court must enter an order electing for such survivor as court shall deem for best for him as in aggregate exceeds that which he or she would have received had testator interests of such spouse. (633.237). Surviving spouse who elects not to take under will died intestate. (633.281). may elect right to occupy homestead (633.240) as set forth under category Debtor and Probate.—District court of county of which decedent died resident has original and Creditor, topic Homesteads, subhead Rights of Surviving Spouse, or may elect statutory exclusive jurisdiction to probate will. (633.10, .12). Any person having custody of will share (633.238) as set forth under topic Descent and Distribution, subhead Share of must, as soon as notified of death of testator, file same with clerk. (633.285). Surviving Spouse (633.237). Upon filing of a petition for probate of a will, court or clerk may hear it forthwith, Bequests and Devises to Inter Vivos Trusts.—Permitted. (633.275). Uniform Tes- or at such time and place as court may direct, with or without requiring notice. (633.293). tamentary Additions to Trusts Act adopted. (633.275, .277). Self-proved Will.—Attested will may be made self-proved at time of execution, or at Testamentary Guardian.—See category Family, topic Guardian and Ward. any subsequent date, by acknowledgment thereof by testator and affidavits of witnesses, Foreign Executed Wills.—Last will and testament executed without this state, in each made before person authorized to administer oaths and take acknowledgments under mode prescribed by the law of the place where executed or of the testator’s domicile, laws of state, and evidenced by such person’s certificate, under seal, attached or annexed is deemed to be legally executed, and has the same force and effect as if executed in the to will, in form and content substantially as follows: mode prescribed by the laws of this state, provided said last will and testament is in Affidavit writing and subscribed by the testator. (633.283). State of Iowa Foreign Probated Wills.—Will probated in any other state or country shall be ad- ss mitted to probate in this state, without notice required in case of domestic wills, on County of ...... } production of a copy thereof and of original record of probate, authenticated by certificate We, the undersigned, ...... , ...... and of clerk of court in which such probation was made, or, if there be no clerk, by certificate ...... ,thetestator and the witnesses, respectively, whose names are of judge thereof, and seal of office of such officers, if they have a seal. (633.496). signed to the attached or foregoing instrument, being first duly sworn, declare to the Living Wills.—Living wills are governed by c. 144A of Iowa Code. Person who is undersigned authority that said instrument is the testator’s will and that the testator competent may execute in writing declaration directing that life sustaining procedures be willingly signed and executed such instrument, or expressly directed another to sign the withdrawn if terminal illness occurs. Declaration may be revoked at any time. (144A.3, same in the presence of the witnesses, as a free and voluntary act for the purposes therein .4). expressed; that said witnesses, and each of them, declare to the undersigned authority that Simultaneous Death.—See topic Death, subhead Survivorship. such will was executed and acknowledged by the testator as the testator’s will in their Testamentary Trusts.—See topic Trusts. presence and that they, in the testator’s presence, at the testator’s request, and in the presence of each other, did subscribe their names thereto as attesting witnesses on the Revised Uniform Anatomical Gift Act.—Promulgated 2006, adopted 2007. (142C). date of the date of such will; and that the testator, at the time of the execution of such instrument, was of full age and of sound mind and that the witnesses were sixteen years of age or older and otherwise competent to be witnesses. FAMILY ...... ADOPTION: Testator Following persons may adopt: (1) Unmarried adult; (2) husband and wife together; (3) ...... husband or wife separately if person to be adopted is not other spouse and if adopting Witness spouse (a) is stepparent of person to be adopted or (b) has been separated from other ...... spouse by reason of said spouse’s abandonment as prescribed in §597.10 or (c) if unable Witness to petition with other spouse because of prolonged and unexplained absence, unavail- Subscribed, sworn and acknowledged before me by ...... ,thetes- ability or incapacity of other spouse or because of unreasonable withholding of joinder tator; and subscribed and sworn before me by ...... and...... , by other spouse as determined by court under Act. (600.4). witnesses, this ...... dayof...... ,20.... Consent of following persons needed, although if person required to consent refuses ...... or cannot be located to give consent, court can determine such person’s consent un- (Seal) Notary Public, or other officer necessary: (1) Guardian of person to be adopted; (2) spouse of petitioner who is step- authorized to take and certify parent; (3) spouse of petitioner who is separately petitioning to adopt adult; (4) person acknowledgments and administer oaths to be adopted if 14 years or older. (600.7). Consent must be in writing, name person to be adopted and petitioner, and be signed Self-proved will shall constitute proof of due execution of such instrument as required by person consenting in following manner: (1) If by minor 14 or older, in presence of by section 633.293 and may be admitted to probate without testimony of witnesses. court in which adoption petition filed; (2) if by any other person, either in presence of (633.279). court in which petition filed or before notary public. (600.7). Contest.—Admission of will to probate may be contested prior to probate hearing, or Consent may be withdrawn prior to issuance of decree by filing affidavit of consent at time of hearing on application to admit or by action to set will aside brought in district withdrawal with court. (600.7). court within four months from time of second publication of notice of admission to Condition Precedent.—Child must have lived 180 days in home of adopter before probate or one month following mailing of notice. (633.308-.311). adoption unless court waives or shortens this requirement. (600.10). Children.—Legitimate children (posthumous or otherwise) born after execution of the Jurisdiction and Venue.—District court of county in which adopter or adoptee is will and not provided for by the will or by settlement and not mentioned in the will, take domiciled or resides if adult adoption; or court in county of guardian of minor person. the share of the estate to which they would have been entitled in case of intestacy, unless (600.3). it appears from will that omission was intentional. (633.267). Children living when will Procedure is by petition by adopter. Upon filing of petition for adoption of minor is executed may be disinherited by mere disposition of entire estate otherwise than to child, State Department of Human Services or designated agency conduct investigations them, without any declaration of intent to disinherit them. to determine if home of prospective adopter is suitable and if adopter suitable, although Legacies may be paid during the four months period for filing claims upon court order. investigation may be waived by court if prospective adopter is stepparent or relative to Specific legacies must be delivered after estate has been open nine months unless court person to be adopted within fourth degree of consanguinity. (600.5, .8). orders otherwise. (633.353-.355; 633.410). Name of adoptee may be changed by decree. (600.13[5]). Unclaimed legacies are presumed abandoned if not claimed within three years after Decree.—If petition is granted, decree must be entered, setting forth all facts and name they become payable. (656.7). Every person holding funds or other property, tangible or by which adoptee shall thereafter be known. (600.13). intangible, presumed abandoned under this chapter shall report and deliver said property to state treasurer. (556.11, .13). Treasurer will give notice of all abandoned property. ALIMONY: (556.12). Treasurer may sell abandoned property and deposit those and other abandoned See topic Dissolution of Marriage. funds into state’s general fund in trust. (556.17, .18). Claims for abandoned property or for proceed of sale thereof are made to Treasurer. (556.19, .20). COMMUNITY PROPERTY: Revised Uniform Disposition of Unclaimed Property Act adopted, with some modifications. (556). System does not apply. See also topic Executors and Administrators, subhead Inability to Distribute. DESERTION: Lapses.—A devise or bequest does not lapse if the devisee or legatee die before testator and leaves issue who survive testator. Heirs of devisee or legatee inherit property See topics Dissolution of Marriage, Husband and Wife. devised or bequeathed, unless from terms of will contrary intent is manifest. But devise DISSOLUTION OF MARRIAGE: to spouse lapses if spouse does not survive testator, unless contrary intent is manifest in will. (633.273, .274). Jurisdiction and Venue.—District court in county where either party resides has jurisdiction in all cases of dissolution of marriage. (598.2). Election.—Surviving spouse may elect to take or refuse to take under a will within two months after date of second publication of notice of admission of will to probate. Grounds for Absolute Divorce.—Decree dissolving marriage may issue when there If no voluntary election is filed within that time, executor must serve notice upon such has been breakdown of marriage relationship to extent that legitimate objects of mat- surviving spouse, reciting admission of will to probate and date thereof, stating name of rimony have been destroyed and there remains no reasonable likelihood that relationship court, and requiring such spouse within four months thereafter to elect either in open can be preserved. (598.17). court or by writing filed therein. If surviving spouse does not make such election within Grounds for Legal Separation.—May be decreed on same grounds as dissolution of four months after such notice, or if such surviving spouse is executor of will and fails marriage. (598.28).

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DISSOLUTION OF MARRIAGE . . . continued conferring power upon foreign conservator or guardian to act as such. Court may dis- Residence Requirements.—Except where respondent is a resident of state and served pense with requirement of appointment of resident co-conservator. (633.603-.604). by personal service, petition must show that petitioner has been for last year a resident Foreign conservator or guardian may be authorized to receipt for personal property by of state, specifying town and county in which he has so resided. (598.6). filing in office of clerk of court in county where the property is situated a certified copy Process.—Service by publication is authorized where respondent is a nonresident of of his official bond duly authenticated by court granting the letters. (633.605-.608). Iowa or his residency is unknown. See category Civil Actions and Procedure, topic See also category Estates and Trusts, topic Executors and Administrators, subheads Process, subhead Publication. Eligibility, and Bond. Temporary Matters.—Court may order either party to pay to clerk sum of money for Uniform Gifts to Minors Act repealed effective July 1, 1986. separate support of adverse party and children and to enable such party to prosecute or Uniform Fiduciaries Act not adopted. defend action, and such order may be aided by attachment. (598.11). Notwithstanding Uniform Simplification of Fiduciary Security Transfers Act repealed. 561.15, court may order either party to vacate homestead pending entry of decree upon showing that other party or children in imminent danger of harm if order not issued. Uniform Transfers to Minors Act adopted effective July 1, 1986. (565B). (598.33). Trial shall be in open court on oral testimony or deposition; however, court may close HUSBAND AND WIFE: hearing. Court may enter decree of dissolution without hearing under specific circum- Husband and wife may contract with each other and transact business with each other stances. (598.8). as though unmarried, except that they may not contract for compensation for the per- Decree.—Provisions of dissolution decree are final as to circumstances, then existing. formance of obligations incident to the marital relation (224 Ia. 109, 275 N.W. 490) or Matters will not be relitigated in absence of showing of change of circumstances. (300 contract with each other with relation to the interest which one spouse has in the property N.W.2d 164). of the other arising out of the marital relation (597.2). Change of Wife’s Name.—Return of maiden name to wife is discretionary with court. Disabilities of Married Women.—All disabilities have been removed. (598.37). Separate Property.—Married woman may own in her own right real and personal Division of Property of Spouses.—Marital Property System. See subhead Property property, and manage and dispose of it in same manner as husband can dispose of Disposition and Custody of Children, infra. property belonging to him. (597.1). But right of either spouse to distributive share in realty of other (see category Estates and Trusts, topic Descent and Distribution) cannot Property Disposition and Custody of Children.—When dissolution of marriage is be affected by conveyance or mortgage in which he or she does not join. (633.211, .212). decreed, court may make such order in relation to children, property, parties and maintenance of parties as may be equitable upon consideration of multiple statutory factors. Antenuptial Agreements.—Antenuptial contracts are recognized under Iowa law and (598.21). See Iowa Rules of Practice and Procedure Chapter 9 for Child Support Guide- should be construed liberally to carry out intentions of parties. (Norris v. Norris, 174 lines. Court may grant joint custody of children in dissolution action. (598.41). Grand- N.W.2d 368 [Iowa 1970]). Uniform Premarital Agreement Act adopted in 1991. (596.1). parents and great-grandparents of minor child can petition court for visitation rights. Wages.—Married person may recover and retain his or her own wages. (597.16). (600C.1). With regard to division of property of spouses, ultimate question is whether Actions.—Married person may sue and be sued in his or her own separate name. distribution of property and assets is equitable under specific facts of case (309 N.W.2d (597.16, .19). 510, 514 [Iowa 1981]); where accumulated property is not product of joint efforts of both parties, or where one party brings property into marriage, there need not necessarily be Liabilities.—Neither husband nor wife is liable for separate debts of other. For ex- equal division (305 N.W.2d 448 [Iowa 1981]). Uniform Child Custody Jurisdiction and penses of family and education of children both are liable, and they may be sued therefor Enforcement Act adopted. (598B). Uniform Interstate Family Support Act promulgated either jointly or separately. (597.17, .14). 1996, adopted 1998 without repealing 1968 Uniform Reciprocal Enforcement of Support Contracts of Married Person.—May make contracts and incur liabilities to same Act. (252K). extent as if unmarried. Person may become surety for spouse or any other person. Upon finding of willful disobedience court may cite for contempt, or order assignment (597.18). of periodic earnings or trust income to clerk or collection services center for use of Agency.—Husband or wife may constitute the other attorney in fact to control and person for whom assignment ordered. (598.23). Court may require security, bond, or dispose of property for their mutual benefit. (597.5). other guarantee which court determines is satisfactory to secure payment of support, or may require payments by bank draft or money order if obligor submits insufficient funds Negligence.—As it pertains to actions for personal injury resulting from spousal support payment to clerk of district court. (598.22). negligence or intentional torts, doctrine of interspousal immunity abrogated with respect Waiting Period.—Dissolution of marriage will normally not be granted until 90 days to all actions in which final order, decree or judgment has not been entered as of Aug. after service of notice. (598.19). 25, 1979. (281 N.W.2d 616). For civil injuries committed by married person, damages may be recovered from person alone, and partner shall not be liable therefor, except in Separation agreements are recognized and enforced. (598.28). cases where partner would be jointly liable if marriage did not exist. (597.19). Annulment of Marriage.—See topic Marriage. Desertion.—Where spouse abandons other for one year, or leaves state and is absent therefrom for such term, without providing for maintenance and support of family, or is DIVORCE: confined in jail or penitentiary for such period, district court of county where abandoned See topic Dissolution of Marriage. party resides may, on application by petition setting forth facts, authorize applicant to manage, control, sell, and encumber property of guilty party for support and maintenance GUARDIAN AND WARD: of family and for purpose of paying debts. (597.10). Petition for guardianship must allege proposed ward is: (1) Minor, or (2) is person Support of Dependents Law has been adopted in substantially form proposed by whose decision making capacity is so impaired that person is unable to care for his Council of State Governments. (252A). Variations from that form follow: (1) State may personal safety or to attend to or provide for necessities such as food, shelter, clothing, institute proceedings, without consent of dependent, to obtain reimbursement for support or medical care, without which physical injury or illness might occur. Or guardian may furnished dependent. (252A.5[2]). (2) Persons entitled to periodic support payments be appointed for person or property of any person other than minor under 14 upon his pursuant to order or judgment entered in uniform support action under this chapter, who own application. (633.557, .572, .635). are welfare recipients, must assign their rights to payments to department of social Eligibility and Competency.—Selection of guardian is within discretion of court. services. (598.34). (3) Verified petition may be filed by petitioner or petitioner’s repre- Guardian cannot be appointed by will but person named in will must be preferred, after sentative, in district court, in equity, and may include such exhibits or information as may parents. (633.559). No statutory prohibition or authorization of nonresident guardian for assist in identifying and locating respondent. (252A.6[1]). (4) Support payments made resident ward. to clerk of district court, dependent, or collection services center, as court may direct. Bond.—Bond is required as in estates of decedents, except that guardian of the person (252A.6-5). (5) Costs incurred in Iowa shall be advanced by initiating party or agency, need not give bond unless ordered by court to do so. (633.633). unless action brought by state or county, or unless court otherwise directs. (252A.10). New paternity determination procedures adopted 1994. (252A.6A). Powers and Duties.—A guardian has control of the person, and a conservator has control of property, of the ward. (633.635, .641). Same person may serve in both Uniform Interstate Family Support Act adopted. (252K). capacities. (633.628). Conservator has the authority, with approval of court, to sell Community property system does not apply. property of the ward for any purpose which may be deemed conducive to his interest. (633.641-.649). INFANTS: Real estate may be sold or mortgaged by conservators under same conditions and Age of majority 18 both sexes. Infant attains majority by marriage. Person who is subject to same procedure as in estates of decedents. (633.652). convicted and sentenced as adult but who is less than 18 years old and incarcerated shall Investments by guardians are subject to Court approval. (633.647). be deemed to have reached age of majority for purposes of making decisions and giving consent to medical care while incarcerated. (599.1). Securities in Name of Nominee.—See category Estates and Trusts, topic Trusts, subhead Securities in Name of Nominee. Contracts.—Minor is bound by his contract for necessaries and for other contracts unless disaffirmed within a reasonable time after attaining majority and restoration made Reports.—Guardians and conservators must make reports as provided by 633.669, to other party of all money or property received by the minor by virtue of such contract, 633.641, 633.670 and 633.671. and remaining within his control. (599.2). Exoneration.—Guardian can be exonerated from responsibility only upon filing of such final report and notice to ward of time and place of hearing thereon. (633.677-.682). Actions.—Action of minor must be brought by his guardian if he has one, if not, by his next friend, but court may dismiss it if not for his benefit, or may substitute guardian Insane Persons.—No special provisions. or other person as next friend. (R.C.P. 1.210). At or before hearing of petitions and Foreign Guardians.—A foreign guardian or conservator of a nonresident ward may contest for probate of wills, letters testamentary or of administration, for sale of real be appointed conservator of the property of such person in this state. Such appointment estate and confirmation thereof, settlements and distribution of estates and all other may be made by applying with clerk of district court of county where there is any such proceedings where all parties interested in estate are required to be notified thereof, court property; application shall include certified copy of original letters or other authority may in its discretion, appoint some competent attorney at law to represent therein minors

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–20 IOWA LAW DIGEST INTELLECTUAL PROPERTY

INFANTS . . . continued Health, life, and accident policies under group plan must comply with 509. As to having interest in estate or proceeds from estate, who have no general guardian in county. assignability of life policy, see category Debtor and Creditor, topic Assignments. (633.118-.120). Annuities may be sold by any life insurance company organized on stock or mutual Termination of Parental Rights.—Parent, prospective parent, custodian, or guardian plan. (508.31). of child may petition juvenile court for termination of parental rights, if parent has signed Combinations or agreements between companies as to rates, commissions or manner release of custody, petitioned for termination, abandoned child, failed to contribute to of doing business are forbidden; but companies may appoint same person as common support, or failed to object to termination. (600A.1, .8). Child’s guardian, guardian ad agent to file forms of policies or permits required by law to be examined and approved litem, or custodian, department of human services, juvenile court officer, or county by commissioner. (515.140). attorney may file petition for termination of parent-child relationship and parental rights with respect to child for grounds such as consent, abandonment, desertion, abuse, and Investments of life insurance companies are controlled by 511.8. Investments of life many other specific grounds. (232.111, .116). insurance companies in agricultural land are controlled by 511.8A. Investments of nonlife companies are controlled by 515.35. Uniform Gifts to Minors Act repealed effective July 1, 1986. Brokers and agents need not be licensed by Commissioner of Insurance as of Jan. Uniform Securities Ownership by Minors Act not adopted. 1, 2002. (522). Uniform Transfers to Minors Act adopted effective July 1, 1986. (565B). Process Agent.—See infra, subhead Foreign Companies. Interstate Compact on Juveniles.—State of Iowa through its courts and agencies Foreign Companies.—Foreign stock company may not do non-life insurance business authorized to enter into with other states in form approved by Council of State Gov- in state unless it has $2,500,000 paid-up capital, plus surplus in cash or authorized ernments on Jan. 21, 1955. (232.171). securities of $2,500,000, exclusive of assets deposited in state or territory for benefit of Adoption.—See topic Adoption. those insured therein. (515.69). Foreign life insurance companies must meet same standards as domestic life companies. (508.10). MARRIAGE: Foreign company must file with Insurance Commissioner an agreement in writing that service of notice or process of any kind may be made on Insurance Commissioner. Age of consent—18. (595.2). (511.27; 515.76). Consent Required.—Consent of parents or guardian necessary where either party is For other requirements pertaining to foreign companies see category Business Orga- under 18. If parents are divorced, one having custody of minor may give consent. (595.2). nizations, topic Corporations, subhead Foreign Corporations. License is required and must be issued by a clerk of district court. (595.3). Application Premium Tax.—Varying tax on gross amount of premiums received from business may be procured in person or mailed upon request and may be procured by either of within state during preceding calendar year applies to both domestic and foreign com- prospective parties. Clerk must require affidavit from some competent disinterested panies payable on or before Mar. 1 of year following calendar year for which tax due, person stating facts as to age and qualification of parties. (595.4). Clerk must wait three except if premium tax greater than $1,000, then prepayment schedule applies. Dividends, days after application is filed before issuing license unless court orders otherwise. (595.4, except those granted as paid-up additions, and premiums on policies issued in connection .10). Marriage license must be picked up (officially issued) within six months following with certain pension plans are excluded. Fraternal beneficiary associations, county mutual issuance of license. (594.4). associations and nonprofit hospital and medical service corporations are exempt. (432.1). Ceremony may be performed by judicial magistrate, judge of Supreme, court of Reinsurance premiums are exempt. (515.24). appeals or district court, or minister ordained or licensed according to usages of his Trade Practices.—Unfair methods of competition and discriminatory or deceptive denomination. (595.10). Marriages solemnized in any other manner with consent of trade practices in sale of insurance prohibited and subject to jurisdiction of Insurance parties are valid but parties to such proceedings are liable to fine. (595.11). Where Commissioner. (507B). marriage solemnized without services of clergyman or magistrate either spouse must Direct Actions Against Insurer.—See category Transportation, topic Motor Vehicles, make return to clerk. (595.16). subhead Direct Actions. Reports of Marriages.—Officiating minister or magistrate must file return within 15 days with county registrar on form provided for that purpose. (595.13). SURETY AND GUARANTY COMPANIES: Record.—See category Documents and Records, topic Records, subhead Vital Sta- Commissioner of insurance shall annually file, with clerk of district court of each tistics. county complete list of corporate sureties to whom commissioner has issued current Common law marriages are recognized (278 N.W.2d 505) including those contracted certificate of authority to transact business of surety in this state. (636.11). No bond may out of state (595.20). be accepted for amount in excess of 10% of paid-up cash capital of such company, unless excess be re-insured in some other company so authorized, and then not to exceed 10% Prohibited Marriages.—Same sex marriages. (595.2). Between people related by of capital of re-insuring company. (636.17). Agent for authorized surety must be Iowa blood are void, including first cousins. Where either party has spouse living marriage is resident for purposes of acting on behalf of company with respect to any bond or bail void but becomes valid if parties live and cohabit together after death or divorce of in criminal cases. (636.11). former spouse. (595.19). Commissioner of Insurance is process agent. (636.21). Annulment.—Marriage may be annulled: (1) Where marriage between parties is Surety companies may be released from liability on bond, except performance bond prohibited by law; (2) where either party was impotent at time of marriage; (3) where on public works contract, or criminal appearance bond, by petitioning approving officer either party had husband or wife living at time of marriage, provided they have not with or board for relief stating grounds therefor, giving principal at least 24 hours notice of knowledge of such fact lived and cohabited together after death or divorce of former filing of such petition. Approving officer or board may conduct hearing and if there spouse of such party; (4) where either party was ward under guardianship and was found appears substantial ground for apprehension may order new bond, and upon such being by court to lack capacity to contract valid marriage. Nonage is not specific ground for given petitioning surety may be declared discharged for future acts. (65.7). annulment but marriage of party below age of consent will be nullity at option of such party made known at any time before such party reaches his or her 18th birthday. (595.2). Children.—Children of a marriage terminated or annulled shall be legitimate. INTELLECTUAL PROPERTY (598.31). TRADEMARKS AND TRADENAMES: Alimony.—In case either party enters into the marriage in good faith supposing the other to be capable of contracting and the marriage is declared to be a nullity, the court Person, firm, association or corporation that has adopted any label, trademark or form may decree that such innocent party shall receive compensation as in case of dissolution of advertising, may file same for record in office of Secretary of State. (548.103). Such of marriage. (598.32). trademark must be of distinctive character and not of any near resemblance to any trademark previously filed. (548.102). Fee: $10 for filing. Certificate issued by Secretary MARRIED WOMEN: under this section or copy thereof duly certified by Secretary shall be admissible in evidence as competent and sufficient proof of registration of such mark in action or See topics Husband and Wife, Marriage; categories Civil Actions and Procedure, topic judicial proceeding in any court in this state. (548.105). Its use, imitation or infringement Evidence, subhead Witnesses; Debtor and Creditor, topic Homesteads; Documents and by any other person may be enjoined by owner and damages recovered. (548.114). Records, topic Acknowledgments; Estates and Trusts, topics Executors and Administra- Unlawful use is punishable by imprisonment or fine. (715A). tors, Wills. Registrations expire five years from date thereof, and may be renewed at any time within six months before date of termination by filing application for renewal in office of Secretary of State and payment of renewal fee. (548.106). INSURANCE Assignment.—Trademarks, labels and forms of advertising registered in the office of INSURANCE COMPANIES: the Secretary of State may be assigned of record by the registrant or record owner thereof by the execution of an appropriate written instrument duly executed filed in office of Department of Commerce’s Insurance Division has supervision of domestic insurance Secretary of State, and upon payment to Secretary of State of an appropriate fee for each companies and business of foreign companies transacted in this state. (505 et seq.). filing. (548.107). Classes of Risk Permitted.—With certain exceptions, companies may write on all Tradenames.—It is unlawful to conduct business under tradename other than surname classes of risks provided certain reinsurance for excess loss is in effect. (515.48-.49 as of each person owning business, unless verified statement showing name, post-office am’d 1988, H.F. 2307). Mutual life insurance companies are subject to certain special address and residence address of each person having interest in business, and address conditions. (508.9). where business is to be conducted, is filed with county recorder of county where business Annual statement of condition must be filed by all companies with Commissioner is to be conducted. (547.1). Fee, $5. All changes must likewise be recorded. (547.2, .3). before Mar. 1 on form which Commissioner must furnish. (511.1; 515.63). Corporations may use assumed name after filing same with Secretary of State. (490.401). Policies.—Standard forms of fire insurance policies are required (515.109); also for sickness and accident policies (514A.2). Forms of all policies and of applications and TRADE SECRETS: endorsements must be approved by Insurance Commissioner. (508.25; 515.101A). Uniform Trade Secrets Act adopted 1990. (c. 550).

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–21 INTELLECTUAL PROPERTY MARTINDALE-HUBBELL LAW DIGEST - 2008

TRADE SECRETS . . . continued Grievances.—Members of grievance committee of Iowa State Bar Association are Injunctions.—Owner of trade secret may petition district court to enjoin actual or Commissioners of the Supreme Court, with authority to hold hearings and receive threatened misappropriation. (550.3). evidence concerning alleged violations, wherever such violations occur, of Iowa Code of Damages may include actual loss caused by misappropriation, plus unjust enrichment Professional Responsibility for Lawyers or laws of U.S., and laws of State of Iowa or caused by misappropriation. In lieu of damages measured by any other method, damages any other state or territory within their respective jurisdictions by lawyers who are may be measured by imposition of reasonable royalty. (550.4). Prevailing party may members or nonmembers of bar of Supreme Court. (Ct. Rule 35.1). recover attorney fees if evidence of bad faith or willful or malicious conduct. (550.6). Suspension or Disbarment.—Supreme Court may suspend or revoke an attorney’s Limitations.—Action must be brought within three years after misappropriation dis- license to practice, upon proceedings instituted at direction of court or on petition of any covered or reasonably should have been discovered. (550.8). individual. (602.10121-.10123). Advertising Law Lists.—Numerous restrictions on lawyer holding out publicly as practicing in certain fields of law and explicit directions for publication of disclaimer in LEGAL PROFESSION connection therewith. (D.R. 2-105). Lawyer may not engage in in-person or telephone solicitation of legal business under any circumstance and all other solicitation and ATTORNEYS AND COUNSELORS: advertising highly regulated. (D.R. 2-101). State bar is not integrated. Professional Corporations.—See category Business Organizations, topic Corpora- tions, subhead Professional Corporations. Jurisdiction over admission is in the Supreme Court. (602.10101). Attorney Ethics.—Iowa Supreme Court has adopted c. 32, “Iowa Rules of Profes- Eligibility.—Applicant for admission must be (1) of good moral character, (2) in- sional Conduct.” Ethical considerations mandatory. habitant of this state, (3) graduated from reputable law school. (602.10102). Registration as law student required. Educational Requirements.—Applicant for admission on examination must have MINERAL, WATER AND FISHING RIGHTS pursued a regular course of study of law in a reputable law school and have degree of MINES AND MINERALS: LL.B. or J.D. However, law student in reputable law school who expects to receive degree of LL.B. or J.D. within 45 days from first day of July or Feb. examination Supervision.—Department of Agriculture and Land Stewardship supervises mines and permitted to take examination upon filing of affidavit by dean of said school stating he mining operations. (208). Department of Agriculture and Land Stewardship may com- expects such student to receive degree within said time, affidavit being in addition to mence proceedings to suspend, revoke, or refuse to renew mining license for repeated other requirements. (Ct. Rule 31.8). or willful violation of any provisions of Act. (208.8). Operation of Mines.—No person, firm, partnership or corporation shall engage in Continuing Legal Education.—All attorneys required to complete minimum of 15 mining without first obtaining license from Department of Agriculture and Land Stew- hours legal education accredited by continuing legal education commission during each ardship. Licenses are issued upon application, expire on Dec. 31 of each year, and are calendar year and minimum of two ethics credits during every two-year period. (Ct. Rule renewable upon application. (208.7). 41.3). Inspection of Mines.—Department of Agriculture and Land Stewardship may enter Application for examination must be made to Supreme Court in writing and under lands on which operator is licensed to operate mine at any time to determine compliance oath on forms furnished by clerk of Supreme Court showing applicant’s eligibility and with Act. (208.26). compliance with educational requirements, and must be filed no later than Mar. 1 preceding July examination or Oct. 1st preceding Feb. examination next bar exam date. Oil and gas wells are regulated by 458A. (Ct. Rule 31.5). All applicants examined in June, 1989, and thereafter are required to pass The Multistate Professional Responsibility Examination for admission to practice. (Ct. Rule 31.3). MORTGAGES Examination is conducted by Board of Law Examiners at Polk County on Mon. CHATTEL MORTGAGES: preceding last Wed. in July in even-numbered years and on Mon. preceding last Wed. Uniform Commercial Code adopted. (554). See category Business Regulation and in Feb. in odd-numbered years and at Iowa City on Mon. preceding last Wed. in July Commerce, topic Commercial Code. in odd-numbered years and on Mon. preceding last Wed. in Feb. in even-numbered years. Multi-State Bar Examination is now used in Iowa. (Ct. Rule 31.3). Motor Vehicles.—Security interest in vehicle subject to registration is perfected by delivery to county treasurer of county where certificate of title was issued or, in case of Admission fee and examination fee set by Board of Examiners. (602.10108). new certificate, to county treasurer where certificate will be issued, of application for Admission Without Examination.—An attorney of bar of any state or any territory certificate of title which lists security interest, or application for notation of security of United States or District of Columbia, who is a resident of Iowa, may be admitted interest signed by owner, or certificate of title from another jurisdiction which shows to Iowa bar without examination and proof of study on showing, in addition to all other security interest, and payment of fee of $5 for each security interest shown. Date of requirements of law, that he has practiced for five full years under license in such other delivery shall be date of perfection of security interest in vehicle, regardless of date jurisdiction within the seven years preceding date of application and that he still holds security interest is noted on certificate of title. (321.50). Except as provided in 321, such license. (602.10109; Ct. Rule 31.12). Uniform Commercial Code applies to security interests in motor vehicles. (321.47-.50). In order to secure admission without examination following proofs must be filed with Forms.—For free samples of form of Financing Statement, and Statement of Con- Iowa Board of Law Examiners: (1) Certificate of admission in state of licensure; (2) tinuation, Partial Release, Assignment, Termination or Amendment, write Iowa Secretary certificate of clerk or judge of court of record in such state that applicant was regularly of State. For forms of Security Agreement and Financing Statement, see end of this engaged in practice of law in said state for five years; (3) certificate of judge or clerk Digest. of district court in this state or of court where applicant has practiced within last five years that he is of good moral character; (4) affidavit of qualifications as to inhabitancy COLLATERAL SECURITY: or intent to establish office for practice of law in Iowa. (Ct. Rule 31.13). See category Debtor and Creditor, topic Pledges. Person applying for admission pursuant to this rule must pay to Clerk of Supreme Court at time of filing application for admission fee of $575, no part of which is MORTGAGES OF PERSONAL PROPERTY: refundable. (Ct. Rule 31.12). The applicant must appear for admission before Supreme Court or member thereof. See topic Chattel Mortgages. (Ct. Rule 31.13). MORTGAGES OF REAL PROPERTY: Admission Pro Hac Vice.—An out-of-state attorney may appear in and conduct any cause or matter pending in Iowa courts in which he is actually engaged, provided that Lien theory of mortgages governs. he files with clerk of court an appointment of some attorney of the county where suit Execution and Recording.—Mortgages must be executed, acknowledged and re- is pending, upon whom service may be had in all matters connected with action. Failing corded in the same manner as deeds. (558.1). Recording fee is $5 for each page or to make such appointment, his pleadings must be stricken from court files and he may fraction thereof. (331.604). not be permitted so to practice. (602.10111, Ct. Rule 31.14). Husband or wife of mortgagor must join in mortgage in order to bar his or her right License.—License renewed in multi-year intervals by Supreme Court under conditions to a distributive share of the property. See categories Debtor and Creditor, topic Home- determined by Court. (602.10137). steads, subhead Conveyance or Encumbrance; Estates and Trusts, topic Descent and Distribution; Family, topic Husband and Wife. Powers.—Attorneys may receive for money claimed by client in action or proceeding, Advancements made by junior lien holders for the protection of the junior lien may during pendency thereof or afterward, unless previously discharged, and acknowledge be made liens by filing a verified statement of said expenditures with the clerk of the satisfaction. (602.10114). district court of the county in which the land is situated and such advancements may be Liens.—An attorney has a lien for a general balance of compensation on: (1) Any and recovered in an action to foreclose the junior lien. (629). all papers or money in his hands belonging to his client; (2) any money due his client Redlining and discrimination is prohibited where loans are for purchase, construction in the hands of the adverse party or attorney of said party in an action or proceeding in or rehabilitation of residential property (four or fewer family dwellings), where property which the attorney claiming the lien was employed, from the time of giving notice in is used for security. (535A.2). writing to such adverse party or his attorney; (3) after judgment in any court of record such notice may be given and the lien made effective against the judgment debtor by Priority.—Where two or more mortgages each grant the right to subject rents and entering the same in the judgment or combination docket, opposite the entry of the income of the real estate to payment of the debt, the respective mortgagees have priority judgment. (602.10116). Lien may be released by executing bond in sum double amount in this respect in the same order as priority of the mortgage liens. (654.13). claimed or in such sum as fixed by district judge, payable to attorney, and will be released Release, Satisfaction or Assignment.—Whenever the amount due on any mortgage in any case unless attorney, within ten days after demand thereof, files with clerk full is paid off, the mortgagee, or those legally acting for him, must acknowledge satisfaction and complete bill of his services. (602.10117, .10118). thereof by written instrument referring to mortgage, duly acknowledged and recorded.

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–22 IOWA LAW DIGEST PROPERTY

MORTGAGES OF REAL PROPERTY . . . continued DISCLOSURE AND NOTICE OF CANCELLATION (655.1). Where released or assigned by separate instrument, recorder must so note on ______original instrument. (558.45). (enter date of transaction) Under a forced foreclosure Iowa law requires that you have the right to reclaim your Foreign Fiduciaries.—Mortgage or deed of trust may be released, satisfied or as- property within one year of the date of the foreclosure and that you may continue to signed, in whole or in part, by foreign fiduciary officer when no resident fiduciary officer occupy your property during that time. If you agree to a voluntary foreclosure under this has been appointed or qualified in state. To effect this there must be recorded in office procedure you will be giving up your right to reclaim or occupy your property. of county recorder of county in which mortgage or deed of trust is of record such release, Under a forced foreclosure, if your mortgage lender does not receive enough money satisfaction or assignment by such foreign officer, accompanied by certificate of judge to cover what you owe when the property is sold, you will still be required to pay the or clerk of court by which he was appointed, showing name of court making appoint- difference. If your mortgage lender receives more money than you owe, the difference ment, date of appointment and that foreign officer has not been discharged at time of must be paid to you. If you agree to a voluntary foreclosure under this procedure you executing such release, satisfaction or assignment and is authorized to execute same. will not have to pay the amount of your debt not covered by the sale of your property Release, satisfaction or assignment by foreign officer may be made in any manner, or by but you also will not be paid any extra money, if any, over the amount you owe. any instrument, which would be valid and effective if made by like officer qualified under NOTE: There may be other advantages and disadvantages, including an effect on your law of Iowa. (633.144-.147). income tax liability, to you depending on whether you agree or do not agree to a Foreclosure.—Except where §654.18 alternative nonjudicial voluntary foreclosure voluntary foreclosure. If you have any questions or doubts, you are advised to discuss procedure employed, real estate mortgage can be foreclosed only by equitable proceed- them with your mortgage lender or an attorney. ings (654.1) in county where property or some part thereof is located (654.3). Special You may cancel this transaction, without penalty or obligation, within five business moratorium provisions may apply upon Governor’s declaration of economic emergency. days from the above date. (654.15). This transaction is entirely voluntary. You cannot be required to sign the attached Service of notice may be by publication once each week for three consecutive weeks, foreclosure agreement. in some newspaper printed in the county where the petition is or will be filed, provided This voluntary foreclosure agreement will become final unless you sign and deliver an affidavit is first filed that personal service cannot be made within state. See category or mail this notice of cancellation to ______(name of mortgagee) before midnight Civil Actions and Procedure, topic Process, subhead Publication. of ______(enter proper date). In foreclosure proceedings, judgment may be rendered against mortgagor for whole I HEREBY CANCEL THIS TRANSACTION. debt (654.5), and after sale of mortgaged premises under special execution mortgagee has ______right to general execution against mortgagor for any deficiency (654.6), but judgment on DATE SIGNATURE mortgage foreclosure has no force except as set-off or counterclaim after two years from entry thereof exclusive of any time during which execution of judgment was stayed Receivers.—When receiver is appointed, preference in leasing the premises must be pending bankruptcy action (615.1), and no action may be brought to renew or extend given to owner or person in possession and rents or income must be applied to: (1) Costs such judgment (615.2). of receivership; (2) payment of taxes; (3) payment of insurance and such other benefits Mediation proceedings required prior to foreclosure on agricultural land securing debt to real estate as court may order; (4) distribution as fixed by court. (654.14). of over $20,000 and where borrower is individual operating farm, family farm corporation, trust or limited partnership as defined in 9H.1. (654A.4). Creditor must file, or, Redemption.—The right of redemption is the same as in case of sale under a general borrower may file, request for mediation with Farm Mediation Service. (654A.5, .6). execution. See category Debtor and Creditor, topic Executions. Real property redeemed Borrower may waive mediation only after initial consultation (654A.6[2]), otherwise, by debtor is free from any liability for deficiency judgment. (628.3). notice must be given and initial meeting must be held within 21 days of notice of meeting Forms (654A.8). Foreclosure proceedings may be commenced only after mediation release is RELEASE OF REAL ESTATE MORTGAGE issued or if, after notice and hearing, court has determined that time delay required for The undersigned, the present owner(s) of the mortgage hereinafter described, do hereby mediation would cause creditor irreparable harm. (654.26). Mediation release can be acknowledge that a certain mortgage bearing date of the ...... made and executed acquired after written statement is prepared representing agreement made or showing that by...... to...... andRecorded in the records of the office of the Recorder agreement could not be reached. (654A.11). of the County of ...... onthe...... isredeemed, paid off, satisfied and Also, prior to foreclosure proceedings on agricultural lands, creditor must give bor- discharged in full. rower notice of alleged default and of right to cure. (654.2A[2]). Borrower has right to Words and phrases herein, including acknowledgement hereof, shall be construed as in cure unless: (a) Creditor has given borrower proper Notice of Right to Cure with respect the singular or plural number, and as masculine, feminine or neuter gender, according to two prior defaults on obligation secured by deed of trusts or mortgage; (b) borrower to the context. has voluntarily surrendered possession of agricultural land and creditor has accepted it Dated this ...... in full satisfaction of any debt owing on obligation in default; or (c) if creditor has given (Signature, Title) borrower proper Notice of Right to Cure with respect to prior default within 12 months (Notarial Acknowledgment) prior to alleged default. (654.2A[3]). If borrower has right to cure default creditors may not accelerate unpaid balance of obligation or take possession of land, other than by PARTIAL RELEASE OF REAL ESTATE MORTGAGE voluntary surrender, or otherwise attempt to enforce obligation until 45 days after proper The undersigned, the present owner(s) of the mortgage hereinafter described, for valuable Notice of Right to Cure is given. (654.2A[4]). During 45-day period, running concur- consideration, receipt of which is hereby acknowledged, do hereby acknowledge that the rently with 42-day period provided in c. 654A, borrower may cure by tendering unpaid following described real estate situated in .....County, Iowa, to wit: installments due at time of tender, without acceleration, plus delinquency charge of ...... ishereby released from the lien of the real estate mortgage, executed by scheduled annual interest rate plus 5% per annum for period between giving of Notice ..... dated .....,recorded in the records of the Office of the Recorder of the of Right to Cure and tender or amount stated in Notice of Right to Cure, whichever is County of .....,State of Iowa, in Book .....of.....,page .....specifically less. (654.2A[4][b]). Borrower may always voluntarily surrender possession of land. reserving and retaining the mortgage lien and all mortgage rights against all of the (654.2A[6]). remaining property embraced in the mortgage above described. Notice of Right to Cure for any real estate foreclosure shall: (a) Be in writing; (b) Words and phrases herein, including acknowledgment hereof, shall be construed as in the conspicuously state name, address and telephone number of creditor to which payment singular or plural, and as masculine, feminine or neuter gender, according to the context. is to be made; (c) give brief identification of obligation secured by mortgage and of Dated this ...... borrower’s right to cure default; (d) contain statement of nature of right to cure default; (Signature, Title) (e) contain statement of nature of alleged default; (f) contain statement of total payment (Notarial Acknowledgment) including itemization of any delinquency or deferral charges or other performance necessary to cure alleged default; (g) state exact date on which amount must be paid or If waiver of homestead exemption desired, special requirements apply. See category performance tendered; and (h) notify borrower that creditor may proceed with foreclo- Debtor and Creditor, topic Homesteads, subhead Conveyance or Encumbrance. (561.22). sure. (654.2B). If homestead exemption waiver contained in written contract, contract must contain Chattel Mortgages.—See topic Chattel Mortgages. statement in substantially following form, in boldface type of minimum size of ten points, and be signed and dated by person waiving exemption at time of execution of contract: ‘‘I understand that homestead property is in many cases protected from the claims of PROPERTY creditors and exempt from judicial sale; and that by signing this contract, I voluntarily give up my right to this protection for this property with respect to claims based upon ABSENTEES: this contract.’’ (561.22). Care of Property.—Conservator may be appointed to take charge of, preserve and Alternative nonjudicial voluntary foreclosure procedure available upon mutual written control property of an adult person whose whereabouts unknown and no provision has agreement of mortgagor and mortgagee and fulfillment of following requirements: (1) been made for such property, when such person’s property within state is liable to Mortgagor must convey to mortgagee all interest in mortgaged property; (2) mortgagee become injured, lost or damaged by reason of such absence, or dependents of such owner must accept such conveyance and waive any right to deficiency; (3) mortgagee must be are likely to be deprived of means of support because of such absence. (633.580). given immediate access to mortgaged property to maintain and protect same; (4) mortgagor and mortgagee must file jointly executed statement of election to follow said Administration of Absentee’s Estate.—Administration may be had on the estates of nonjudicial voluntary foreclosure procedure with recorder in county where mortgaged persons who have absented themselves from their usual place of residence and concealed property located; (5) mortgagee must send notice of election either by certified mail or their whereabouts from their family without known cause for five years as though such by general publication to all junior lienholders as of date of paragraph 1 conveyance, persons were dead, but petition praying administration must be filed by one who would notifying junior lienholders of 30 day redemption period from date of such mailing or be entitled to administer upon such estate if absentee were known to be dead. (633.510). from completion of publication, respectively; and (6) when mortgagor signs agreement Notice must be published three weeks and mailed to absentee and alleged distributees to proceed under said nonjudicial voluntary foreclosure procedure, mortgagee must at their last known address. (633.511, .512). Proof of such service must be filed with clerk furnish mortgagor duplicate completed ‘‘Disclosure and Notice of Cancellation’’ form set on or before day set for hearing. (633.513). Written findings of presumed death under forth below, which must be in 10 point type and attached to said agreement. (654.18). Federal Missing Persons Act are admissible as evidence of that fact. (633.517).

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–23 PROPERTY MARTINDALE-HUBBELL LAW DIGEST - 2008

ABSENTEES . . . continued 3. FOR A DEED IN FEE WITH WARRANTY: Escheat.—Uninherited property escheats to state of Iowa. (633.219, .543-.546). Re- The same as the preceding form, adding the words: “And I warrant the title against all vised Uniform Disposition of Unclaimed Property Act adopted, with some modifications. persons whomsoever” (or other words of warranty, as the party may desire). (556). 4. FOR A MORTGAGE: If unclaimed for period of years intangible personal property is presumed abandoned, The same as deed of conveyance, adding the following: “To be void upon condition that and holder of such property must then file report to State Treasurer. (556.11). By Nov. I pay,” etc. 30 of each year, State Treasurer shall publish notice of names of persons appearing to be owner of abandoned property. (556.12). Notice shall contain statement that informa- Add acknowledgment. See category Documents and Records, topic Acknowledgments. tion concerning amount or description of property and name and address of holder may be obtained by any persons possessing interest in property by addressing inquiry to State DEEDS OF TRUST: Treasurer. (556.12). If no claims are timely filed or filed claims are disallowed, funds are See category Mortgages, topic Mortgages of Real Property. deposited in general funds of state. (556.18). Holding periods prior to reporting and transfer to Treasurer vary according to identity of holder. (556.2-.9). See also category Estates and Trusts, topics Descent and Distribution, subhead Escheat, DOWER: and Wills, subhead Unclaimed Legacies. Abolished. (633.211-.212, .238). As to rights of surviving spouse see category Estates Process Agent.—Nonresident may in writing appoint resident of county in which and Trusts, topic Descent and Distribution. parcel is located as agent, and file appointment with county treasurer, who shall make note of appointment, after which personal service of notice shall be made upon agent. ESCHEAT: (447.11). See topic Absentees, subhead Escheat; categories Business Regulation and Commerce, topic Banks and Banking, subhead Unclaimed Deposits; Estates and Trusts, topics De- ADVERSE POSSESSION: scent and Distribution, subhead Escheat, Wills, subhead Unclaimed Legacies. Real Property.—Ten years hostile, actual, open, exclusive and continuous possession of real property under claim of right or color of title bars action for recovery of same LANDLORD AND TENANT: from person thus in possession. (242 Ia. 692, 46 N.W.2d 72). Kinds of Tenancy.—At will and for a fixed term. Easements.—When an easement is claimed by prescription, the fact of claim of right Leases for more than one year must be in writing; no seal or witnesses required; and adverse possession must be established by evidence distinct from and independent acknowledgment necessary only for recording. (622.32). of its use and there must be a showing that party against whom easement is claimed had express notice thereof. (564.1). Notice in writing served by owner on person claiming Farm Tenancy.—At termination of life estate, farm tenancy granted by life tenant the easement of owner’s intention to dispute any right arising from the use, when continues until following Mar. 1st for that year. If life estate terminates between Sept. recorded in county recorder’s office, will prevent acquiring of any right to property by 1st and Mar. 1st, then tenancy will continue for that year as provided by 562.6 of Iowa any use thereof. (564.4-.7). Code and until proper notice under 562.7. (562.8). Boundaries.—Ten years acquiescence by parties in any corner or boundary is suffi- Recording is not required; those dealing with property must take notice of tenants in cient to establish the same. (650.14). possession. Rent.—If tenant remains in possession without landlord’s consent after expiration of CONDOMINIUMS: term of rental agreement landlord may bring action for possession. If tenant’s holdover See topic Real Property. is willful, landlord may also recover actual damages and attorneys fees. (562A.34[3]). Landlord may assign right to rent. (111 N.W. 329). CONVEYANCES: Lien.—Lien on behalf of landlord on tenant’s household goods abolished. (562A.31). See topic Deeds. Mobile Homes.—Actions for abandonment under lease agreement. (555B). CURTESY: Termination of Tenancy.—Thirty days notice is necessary to terminate tenancy at will, unless rent is paid at less than 30 day intervals, in which case notice must be same Abolished. (633.211, .212, .238). As to rights of surviving spouse see category Estates as such interval. (562.4). But if property is farm occupied and cultivated by tenant he and Trusts, topic Descent and Distribution. cannot be dispossessed before Mar. 1 and notice of termination of tenancy must be given on or before Sept. 1 preceding in manner prescribed by statute. (562.5). Mere cropper DEEDS: who does not live on land may be put off when crop is harvested. (562.5). Week to week Execution.—Deeds conveying real estate (see topic Real Property for types of estates) tenancy may be terminated by written notice given to other at least ten days prior to must be in writing and subscribed by grantor. (622.32). Seal is not necessary. (558.34). termination date specified in notice. (562A.34[1]). Landlord may file suit to recover Acknowledgment is not necessary to validity as between parties, but is necessary to possession after three days written notice of termination and to quit if tenant creates clear entitle instrument to be recorded. (558.20, 9E). Names of signers must be typed or printed and present danger. (562A.27A). Petition must state incidents giving rise to notice of legibly under signatures or instrument must be accompanied by affidavit wherein those termination and notice to quit. (562A.27A; 562B.25A). names are typed or printed legibly, to entitle instrument to be recorded. (331.602). No Dispossession.—An action of forcible entry and detainer is allowable where tenant’s witnesses are necessary. For circumstances in which spouse must join, see also categories lease has expired either by own provisions or notice and he holds over. (648). Family, topic Husband and Wife, subhead Separate Property; Debtor and Creditor, topics Distress Homesteads, subhead Conveyance or Encumbrance, Assignments, subhead Assignment for rent is not recognized. (562A.31). of Wages; Civil Actions and Procedure, topic Limitation of Actions. Implied Warranty of Habitability.—Landlord impliedly warrants at outset of lease Recording.—To be valid against subsequent purchasers for valuable consideration that there are no latent defects in facilities and utilities vital to use of premises for without notice, or against state or any of its political subdivisions during or after con- residential purposes and that these essential features shall remain during entire term in demnation proceedings against real estate, deed must be filed and recorded in county in such condition to maintain habitability of dwelling. Implied warranty in lease situation which real estate office is located. (558.41). See also category Documents and Records, is a representation that there neither is nor shall be during term a violation of applicable topic Records. housing law, ordinance or regulation which shall render premises unsafe, or unsanitary and unfit for living therein. (200 N.W.2d 791, codified by amendment [562A.15]). Recording fee is $5 for filing or recording each page or fraction thereof. (331.604). In addition, transfer fee of $5 per parcel imposed. (331.507). Residential.—Uniform Residential Landlord and Tenant Act substantially adopted. (562A). Tax.—When there is consideration and actual market value of real property transferred exceeds $500, tax of 80¢ for each $500 or fractional part in excess of $500 is imposed LEASES: on deed. (428A.1). Tax does not apply to mortgages, plats, leases, certain executory contracts for deed, satisfactions or releases of mortgages, certain corrective deeds, deeds See topic Landlord and Tenant. in lieu of foreclosure, deeds without consideration, and other statutorily specified documents. (428A.2). Person or firm or corporation who grants, assigns, transfers, or conveys PERPETUITIES: any land is liable for tax. (428A.3). Written declaration of value signed by at least one Nonvested interest in property is not valid unless it must vest, if at all, within 21 years party or agent required prior to recording document of conveyance or assignment with after one or more lives in being at creation of interest and any relevant period of numerous statutory exceptions. (428.4). With each declaration of value submitted to gestation. Period of rule shall be measured by actual events rather than by possible County Recorder under 428A, there must be submitted statement regarding whether any events, in any case in which that would validate interest. private burial sites, wells, disposal sites, underground storage tanks, or hazardous wastes are known to be situated on property. (558.69). Accumulations.—Common law rules prevail. See also category Estates and Trusts, topic Trusts. Form.—No particular form of deed is required. The following or equivalent form is sufficient to convey title to real estate: PERSONAL PROPERTY: Forms Tenancies by the entireties not recognized. (28 Iowa 302, 207 N.W. 369). 1. FOR A QUITCLAIM DEED: For the consideration of .....dollars, I hereby quitclaim to .....allmyinterest POWERS OF ATTORNEY: in the following tract of real estate (describing it). 2. FOR A DEED IN FEE SIMPLE WITHOUT WARRANTY: Power of Attorney.—Conveyance or mortgage of real estate may be executed by an For the consideration of .....dollars, I hereby convey to .....thefollowing tract attorney in fact acting under written power of attorney executed in the same manner as of real estate (describing it). conveyance (557.10), which must be recorded (558.41).

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–24 IOWA LAW DIGEST TAXATION

POWERS OF ATTORNEY . . . continued EMPLOYMENT TAXES: Form Unemployment compensation tax, in the form of ‘‘contributions,’’ is imposed. (96). POWER OF ATTORNEY—SHORT FORM Contributions are required from all employers who, for some portion of day in each The undersigned, .....of.....County, Iowa, does hereby make, constitute and of 20 different weeks in current or preceding calendar year have or had in employment appoint .....of.....County, Iowa, the undersigned’s true and lawful Attorney- one or more individuals. in-Fact, with full right, power and authority for the undersigned and in the undersigned’s Exemptions.—Act does not apply to following employments: Certain agricultural la- name, place and stead: bor; certain domestic service in private home; service of federal, state, municipal or other Giving and Granting unto said Attorney-in-Fact the full power and authority to do and government; service in employ of son, daughter, or spouse or service of minor in employ perform each and every act, deed, matter and thing whatsoever required and necessary of parent; service in employ of religious, charitable, scientific, literary or educational to be done in and about the foregoing, as fully as the undersigned might or could do if enterprise, or after school or vacation employment of students. (96.19[18][g]). Employers personally present and acting. operating under unemployment compensation system established by act of Congress, In the event my Attorney-in-Fact is unable to serve for any reason or if my Attorney- who have made arrangements with department providing for reciprocal treatment of in-Fact is currently my spouse and we become legally separated or our marriage is unemployed, are also exempt. (96.19[18][g][2]). dissolved, I name .....of.....,asmysuccessor to my Attorney-in-Fact. Rate of contributions is based on employer’s benefit experience in accordance with The undersigned further directs that this Power of Attorney shall take effect immediately rules adopted by Job Division on all taxable wages paid by employer for insured work. and shall be irrevocable unless and until such time as there is filed of record a duly (96.7). acknowledged revocation of this instrument in the same office in which the instrument Contributions are payable to Department of Employment Services’ Job Services Di- containing this power is recorded. This Power of Attorney shall not be affected by my vision at such time as it may prescribe. disability. The undersigned does hereby authorize said Attorney-in-Fact to relinquish all rights of ESTATE TAX: dower, homestead and distributive share in and to any real estate described herein in which the undersigned has an interest. In addition to inheritance tax (see topic Inheritance Tax) there is estate tax not Words and phrases herein, including acknowledgment hereof, shall be construed as in the exceeding maximum credit allowed by Federal Estate Tax Law for any estate, inherit- singular or plural number, and as masculine or feminine gender, according to the context. ance, legacy or succession tax actually paid to any state or territory or District of Dated: ...... Columbia. (451). (Acknowledgment if recording desired). (Signature) Application for information, forms, etc., should be made to director of revenue. Valuation Date.—Date of death. Death of principal ordinarily revokes power of attorney unconnected with interest, Apportionment Against Inter Vivos Dispositions.—No statute, but inheritance tax even though agent be without knowledge of death (39 Ia. 426), attorney-in-fact, agent applicable. (450.3[2]). or other person who, without actual knowledge of death of principal, acts in good faith Interstate Co-operation.—No statutory procedure for compromise or arbitration (633.706). But written power of attorney given by principal who at time of execution where decedent’s domicile is disputed. thereof is or thereafter becomes member of U. S. Armed Forces, merchant seaman outside limits of U. S. or any person outside said limits by permission, assignment or EXCISE TAXES: direction of U. S. government in connection with prosecution of war in which U. S. is engaged is not revoked or terminated by death of principal unless attorney has actual Excise tax on grain imposed by 428.35. knowledge or actual notice of such death. (29A.74). GIFT TAX: Revocation should be exercised in same manner in which power was created. See also None; but inheritance tax applies to gifts in contemplation of death or to take effect subhead Death of Principal, supra. after death. (450.3). Undisclosed Principal.—Uniform Commercial Code adopted. (554). See category Business Regulation and Commerce, topic Commercial Code. INCOME TAX: Uniform Commercial Code adopted. (554). See category Business Regulation and Income tax is imposed on taxable income of individual residents of the state. ‘‘Taxable Commerce, topic Commercial Code. income’’ means ‘‘net income’’ less allowable deductions. (422.4[16]). ‘‘Net income’’ means adjusted gross income before net operating loss deduction as properly computed REAL PROPERTY: for federal income tax purposes, with some adjustments as described in §422.7. Credit Among estates recognized are: fee simple, legal, equitable, tenancy in common, joint is allowed for tax paid to other states on income of resident earned outside state. Income tenancy, life estate; also the various uses and remainders. (557). tax is imposed on nonresidents with respect to income from property and business within Conveyances to two or more are construed as creating a tenancy in common unless state. Income of nonresident not subject to Iowa income tax, if taxed where person intent to create joint tenancy is expressed. (557.15). resides and that state allows similar exclusion for income received in that state by Iowa residents. (422.8). Income from estates and trusts is subject to tax. (422.6) Deductions Tenancies by the entirety are not recognized. (201 Ia. 1290, 207 N.W. 369). similar to federal income tax deductions, with certain exceptions, are allowed. (422.9). Rule in Shelley’s Case does not apply. (557.20). Rates for tax years beginning on or after Jan. 1, 1998 are: (a) On all taxable income Condominiums.—Horizontal property act adopted. (499B). Co-operative apartments from zero through $1,000, 36⁄100 of 1%; (b) taxable income exceeding $1,000 but not also provided for. (499A). exceeding $2,000, 72⁄100 of 1%; (c) exceeding $2,000 but not exceeding $4,000, 243⁄100%; See also topics Curtesy, Deeds, Dower, Landlord and Tenant; categories Business (d) exceeding $4,000 but not exceeding $9,000, 41⁄2%; (e) exceeding $9,000 but not Regulation and Commerce, topic Consumer Protection; Civil Actions and Procedure, exceeding $15,000, 612⁄100%; (f) exceeding $15,000 but not exceeding $20,000, 648⁄100%; topic Partition; Debtor and Creditor, topic Homesteads; Documents and Records, topic (g) exceeding $20,000 but not exceeding $30,000, 68⁄10%; (h) exceeding $30,000 but not Records; Family, topic Husband and Wife; Mortgages, topic Mortgages of Real Property. exceeding $45,000, 792⁄100%; and (i) exceeding $45,000, 898⁄100%. (422.5). Exemptions that are deductible from computed tax, estate or trust, single individual, TRUST DEEDS: or married person filing separate return, $40; head of household, or husband and wife See category Mortgages, topic Mortgages of Real Property. filing joint return, $80; for each dependent, $40. (422.12). Additional exemptions of $20 are allowed for persons over 65 or blind. (422.12). Additional deductions are allowed for parents of children for tuition and textbooks in private schools, provided certain con- TAXATION ditions are met. (422.12). Alternative Minimum Tax.—(422.5). ADMINISTRATION: Corporations.—Domestic corporations and foreign corporations doing business (Title X, Chapters 421-454). within the state, or deriving income from sources within state, are taxed annually on basis Penalties.— of net income received during income year. Rates are: 6% on first $25,000 or part thereof; Sales Tax.—Penalties as provided by 422.58 were repealed as of July 1, 2004. 8% on taxable income between $25,000 and $100,000; 10% on taxable income between Use Tax.—Penalties as provided by 423.18(3) were repealed as of July 1, 2007. $100,000 and $250,000; 12% on taxable income of $250,000 or more; capital gains and Cigarette Tax.—Penalty imposed by 453A.50. losses in accord with 422.33(2)(b)(2). (422.33). Certain corporations are entirely exempt. Beer Tax.—Penalty imposed by 123.137. (422.34A). As to penalties with regard to income and inheritance taxes, see topics detailing those Returns on forms provided by director of revenue must be filed with director of taxes. revenue on or before last day of 4th month after expiration of tax year, except that ALCOHOL, BEVERAGES AND TOBACCO TAXES: cooperative associations must file returns before 15th day of ninth month. (422.21). Residents and nonresidents required to file a federal income tax return who have net Beer tax imposed by 123.136. income from taxable source of $9,000 or more must file return. (422.13). Cigarette tax imposed by 453A.43. Payment.—Total tax due to be paid in full at time of filing return. (422.24). BUSINESS TAXES: Penalties.—Willful filing of false return, or willful failure to file return or to pay tax is punishable as class “D” felony. (422.25). Variable rate of interest as set forth in 421.7 Premium tax on insurance companies, see category Insurance, topic Insurance Com- is payable on all tax delinquencies. (422.25). panies. Franchise Tax.—See category Business Organizations, topic Corporations. INHERITANCE TAX: Estates of all deceased persons, whether decedents be inhabitants of this state or not, CORPORATE TAXES: which estates or property are or are brought within state or subject to jurisdiction of See topic Income Tax, subhead Corporations; category Business Organizations, topic courts of this state, or property of any decedent domiciled within this state even though Corporations. situated outside of this state, except real estate, are subject to tax when passing: (a) By

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INHERITANCE TAX . . . continued real estate are lien on real estate against all persons except state. Taxes on real estate shall will or under statutes of inheritance; (b) by deed, grant, sale, gift or transfer made within be lien on real estate against state which is liable for payment of property taxes as three years of death of grantor or donor which is not bona fide sale for adequate and full purchaser under certain provisions of Act. (445.28). consideration in money or money’s worth and which is in excess of annual gift tax Payment.—Fiscal year adopted. Real estate and personal property taxes for preceding exclusion allowable for each donee under state and federal law; (c) under general power fiscal year must be paid between first Mon. in Aug. and Sept. 1, and may be paid one-half of appointment exercised after adoption of inheritance tax law; (d) property held in joint before Sept. 1 and other half before Mar. 1 without becoming delinquent. (445.36). If tenancy by decedent and any other person or persons; however if joint property is held first half is not paid before Oct. 1, that half becomes delinquent and draws interest from by decedent and surviving spouse one-half is not subject to tax and for any additional Oct. 1 (445.37), at 11⁄2% per month (445.39). Second half becomes delinquent if not paid percentage spouse can show he or she helped to acquire that portion also not subject to before Apr. 1. (445.37). tax; and in addition such portion as may be proven to have belonged to any other joint tenant not subject to tax; (e) property disposed of by decedent in any manner to take Tax sales are had on third Mon. in June when all lands on which there are delinquent effect at his death. (450.2-.3). taxes are sold. (446.7). In estates of decedents dying on or after July 1, 1997, property passing to surviving Redemption.—Owner may redeem within two years by paying amount for which land spouse and all lineal ascendants and descendants is fully exempt from tax. (450.9). sold with penalty and interest at 2% per month on sale price plus penalty from date of There is no tax if estate is not over $25,000, or on value of annuity payments under sale. (447). employees’ pension or retirement plan, where beneficiary pays income taxes on same, Real Estate Conveyance Tax.—80¢ for each $500 or fractional part in excess of or when property passes to charitable, educational, religious, cemetery or humane so- $500, when actual market value is in excess of $500. When there is no consideration or cieties within state, or for maintenance of burial lot, or to any veterans’ organization as when deed or writing is executed and recorded to correct title, and so states, there is no defined by 26 U.S.C. §170. (450.4). tax. At time of recording document of transfer declaration of value must be filed, with Property passing to surviving spouse and lineal ascendants and descendants from certain exceptions. (428A.1). decedents dying on or after July 1, 1997 is not subject to tax. Rates of tax for other beneficiaries are based upon individual share and vary according to beneficiary classi- SALES AND USE TAXES: fication and amount received. (450.9, .10). Sales Tax.—A general tax of 5% is imposed on gross receipts from all retail sales of Brother, sister, son-in-law or daughter-in-law. No exemption. Rates: 5% on first tangible personal property in state or taxable services, or for resale of tangible personal $12,500 or part thereof; 6% on next $12,500 or part thereof; 7% on next $50,000 or part property in connection with taxable services, sales of gas, electricity, water and com- thereof; 8% on next $25,000 or part thereof; 9% on next $50,000 or part thereof; 10% munication service, including pay television, sales of admissions to places of amusement on excess over $150,000. (450.10[1]). and athletic events except those of elementary and secondary educational institutions, All other persons (except those falling within subsequent classes). No exemption. fairs; and like rate of tax upon that part of private club membership fees or charges paid Rates: 10% on first $50,000 or part thereof; 12% on next $50,000 or part thereof; 15% for privilege of participating in any athletic sports provided club members and on gross on excess over $100,000. (450.10[2]). receipts of commercial amusements, and services, rendered, furnished or performed, with Societies, institutions or associations of other states or countries for charitable, edu- certain exceptions, such as resale of property accepted as trade-in on articles sold at retail cational, religious, cemetery or humane purposes, or resident trustees for uses without and other sales as defined by statute. (423.2, .3). the state, 10% on entire amount. (450.10[3]). Report for each calendar quarter year must be made, and tax for such quarter paid, Firm, corporation or society organized for profit, 15% on entire amount. (450.10[4]). to director of revenue on or before last day of month following close of quarter. (423.31). Payment.—Tax accrues at death of decedent owner and must be paid to director of Use tax of 5% is imposed to supplement and enlarge application of sales tax to cover revenue on or before last day of ninth month after death of decedent unless period is sales and services involving interstate shipments where the subject of the sale is used in extended by director. (450.6). Tax is charge against and lien upon estate subject to tax, this state, with certain exceptions. (423). until paid and draws interest as provided. (450.6-.7, .63). Report and payment required similar to those for sales tax. (423.32). Penalties.—10% of amount due is added to tax if less than 90% of tax paid by due date, with specified exceptions. (450.63, 421.27). TRANSPORTATION PROPERTY TAXES: MOTOR VEHICLES: Exemptions from taxation, subject to specified limitations in some cases, are accorded Regulated by Revised Motor Vehicle Code. (321). the following classes of property: federal property, unless taxation thereof is authorized by U. S.; state property; municipal and military property; public grounds and cemeteries; Vehicle registration required annually. (321.34). Issued by county treasurer. Non- fire equipment buildings and grounds; property of associations of war veterans; certain residents may apply to Dept. of Public Safety or to treasurer of county where primary property of nonprofit cemetery associations; libraries and art galleries for public use; real users are located. (321.20). No exemption for members of armed services. (321.18, .19). and personal property of religious, literary and charitable societies; like property of Number plates must be displayed front and rear. (321.37). students of said institutions used for their education; real property of educational insti- Operator’s or chauffeur’s license from Motor Vehicle Department is required to tutions; homes for soldiers; growing agricultural produce except commercial orchards operate motor vehicle on highway (321.174), but there are exemptions in favor of and vineyards; government lands entered or purchased, for year in which made; public operators of road or farm machinery, persons in service of United States Army, Navy or airports; real property used to provide rural water to public; certain pollution control and Marine corps, holders of temporary permits, and nonresident operators (321.176). recycling property in certain impoundment structures; property owned and operated by Graduated driver’s licenses for persons aged 14 through 17. (321.180B). nonprofit organization providing low-rent housing for elderly and physically and men- Instruction permit may be issued to applicant between ages of 14 and 18 years if tally handicapped but only until terms of original low-rent housing development mort- applicant meets requirements of §§321.184 and 321.186, other than driving demonstra- gage paid in full or expires and subject to filing requirements; natural conservation or tion, and pays required fee. (321.180B[1]). wildlife areas; land designated native prairie and wetland; land certified as wildlife Intermediate driver’s license may be issued to person 16 or 17 years of age who habitat; railroad right-of-way subject to certain limitations; public television stations; possesses instruction permit for at least six months, meets certain driving experience speculative shell buildings of certain organizations; joint water utilities; methane gas requirements, shows satisfactory completion of driver education, and pays required fee. conversion property; mobile home park storm shelters; dwelling unit property owned by Person with intermediate license is subject to driving restrictions between the hours of nonprofit organizations; and property other than land and buildings and other improve- 12:30am and 5am. (321.180B[2]). Full driver’s license may be issued to person 17 years ments utilized by web search portal business as defined in c. 423.3. (427.1). In addition of age who possesses intermediate license for at least 12 months, meets certain driving to foregoing, exemptions are granted to war veterans (426A.11), and tax credits are experience requirements, has not had their driving privileges suspended, revoked, or granted persons over age 65, persons with disabilities and owners of homesteads (425). barred, has been accident and conviction free continuously for 12-month period imme- There is real property tax credit or exemption for members of armed forces. (426A). diately preceding application for full driver’s license, and has paid required fee. Disabled veterans may have tax credit equal to entire tax levy on homestead. (425.15). (321.180B[4]). Persons receiving cash payments under Title XVI of Social Security Act and certain Operators’ and chauffeurs’ licenses expire during second or fifth year of issuance state supplementary assistance, or persons residing in a health care facility who are depending on age of applicant and rules of Public Safety Commissioner and are generally receiving payment from department of social services for their care, are deemed unable to be renewed within 60 days after operator’s birthday. (321.196). to contribute to public revenue, and collection of taxes on all property, real and personal, Transfer of Title.—Transfer can only be effected by assigning certificate of title. owned by them is suspended while they receive assistance. (427.9). (321.45). Transferee must then apply for transfer of registration and new certificate of Assessment.—Property is assessed by county assessor, except that cities over 10,000 title. (321.46). Decedent’s car can be transferred upon filing of affidavit by heirs, without may, by ordinance, provide for city assessor (441.1); personal property annually opening estate. (321.47). (427A.1); real property in 1981 and every two years thereafter (428.4). Sales.—Conditional sales must be noted on certificate of title. (321.50). Security Budget requirements of taxing districts, including townships, school districts, cities, interest in vehicle is perfected through delivery of application for certificate of title which towns and counties, are certified to county auditor or board of supervisors and taxes are lists security interest. (321.50). Dealer selling motor vehicle in transaction that does not levied at such rate as will raise the required amount. (444). include sale of liability insurance must obtain buyer’s signature on statement to that Review of Assessment.—Redress in case of excessive assessment is by complaint effect. (321A.39). presented to local board of review. (441.37). Appeals from action of board may be taken Identification Marks.—Criminal offense to deface or alter, with fraudulent intent, any within 20 days after its adjournment to district court of county in which board sits, by serial, engine or assembling number or knowingly to possess any vehicle, serial or engine written notice of appeal served on presiding officer of board in same manner as original number of which is defaced, altered or tampered with. (714.8). notice. (441.38). Appeal is heard in equity and court determines anew questions raised Operation Prohibited.—By person without valid operator’s or chauffeur’s license, before board of review and fixes amount of assessment. (441.39). Appeals may be taken unless exempted, (321.174); by intoxicated person (321J). Person under age of 18 may from decree of district court in usual manner. not drive school bus. Person under age of 18 may not get commercial or chauffeur Lien.—Lien attaches at time of levy, but sale after assessment and before levy will licenses (321.177), or transport hazardous materials (321.449[3]). not defeat lien. (123 Ia. 485, 99 N.W. 133). Where buildings are erected by person other Where final judgment for damages caused by operation of motor vehicle has not been than land owner, taxes thereon are lien from date of levy until paid. (445.32). Taxes on satisfied within 60 days after entry, license is suspended until judgment is satisfied and

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MOTOR VEHICLES . . . continued Foreign vehicle registered in home state or country and displaying license plates proof of financial responsibility is given. But payment of $20,000 for injury to or death required by laws of home state may operate without registration, provided home state or of one person, $40,000 for two or more persons and/or $15,000 for property damage is country grants similar privilege to Iowa vehicles. Such vehicle need not be registered nor deemed satisfaction. (321A.5). are any fees required. (321.53). Exemption from local registration does not extend to Size and Weight Limits.—Regulated by 321.452-.481. vehicles used in transportation for hire or other remunerative business within the state. (321.54). Vehicles purchased for removal from state must purchase transit plates from Equipment Required.—Regulated by 321.384-.451. county treasurer. (321.109). Child restraint devices must be used for children zero-11 years of age in motor Actions Against Nonresidents.—Nonresident motorist is subject to suit for damages vehicles. Violation may result in misdemeanor conviction. (321.446). to person or property arising out of his operation of motor vehicle in this state. Such Safety belt or harness must be worn by driver and front seat occupants. (321.445). See operation is deemed: (1) Agreement by him that he is subject to jurisdiction of district also category Civil Actions and Procedure, topic Damages. court of this state; (2) appointment by him of State Director of Department of Trans- Lights Required.—Regulated by 321.384-.423. portation to act as his process agent; and (3) agreement that process served on said Accidents.—Where injury or death occurs, driver must stop, give reasonable aid, give Director shall be of same force and validity as if personally served in this state. his name and address and vehicle registration number to injured person or driver, (321.498). Method of service is by filing copy of notice or process with said Director, occupant or person attending vehicle, and report accident at office of peace officer as near together with fee of $2, and mailing notice of such filing, together with copy of process as practicable to place of accident. (321.263). or notice of suit, to each defendant by restricted certified mail (i.e., mail delivered to Liability of Owner.—The owner of a motor vehicle is liable for the negligence of any addressee only) within ten days after such filing. (321.501). In lieu of such mailing, person operating the same with the owner’s consent. Former owner who has made bona plaintiff may cause such notice to be personally served upon nonresident defendant. fide sale of vehicle is not liable for its negligent operation, regardless of whether (321.504). certificate of title has been transferred. (321.493). Venue may be in county of plaintiff’s residence or in county where injury occurred. No motor vehicle is exempt from judgment for damages occasioned by use of same. If judgment is against plaintiff, it must include reasonable expenses incurred by defendant (627.7). or his attorney in appearing and defending, if in the judgment of the trial court the action was commenced maliciously or without probable cause. (321.510). Liability insurance Guests. —Formerly liability to guests was limited by 321.494, but limitation declared policy of nonresident decedent is considered asset of estate with situs in Iowa. (321.512). unconstitutional under Iowa Constitution. (293 N.W.2d 577). Person who was Iowa resident at time of accident, but who later moves out of state is Financial Responsibility.—In case of accident involving personal injury or death or deemed nonresident. (321.498[4]). property damage in amount of $1,000 or more, licenses or operating privileges of persons Direct Actions.—Liability insurance policies issued in this state must contain provi- involved are suspended 60 days thereafter, unless approved security, sufficient to satisfy sion that in event execution on judgment against insured be returned unsatisfied, judg- any possible judgment, is furnished. (321A.5[1]). This provision does not apply, however, ment creditor shall have right of action against insurer to same extent that insured could to owner where there is no injury or damage except to him or his property, to owner have enforced his claim against such insurer had such insured paid such judgment. whose vehicle was stopped, standing or parked in legal manner and properly lighted at (516.1). Period of limitation on such action is 180 days from entry of judgment or, in time of accident, or to owner whose vehicle was being operated without his permission. case of appeal, from affirmance of judgment on appeal. (516[3]). (321A.6). Neither does it apply if evidence is filed with Director that person who would otherwise have to file security has been released from liability, or adjudicated not liable, Motor vehicle carriers must have special license and are subject to regulation by Iowa or has confessed judgment with agreement for payment satisfactory to both parties. Department of Transportation. (325A.2). They must file approved liability insurance (321A.6[4]). policy or bond with minimum limits as specified in chapter. (325A.3, .6). The security required must be in such form and in such amount as Director may Division of Iowa State Patrol of Department of Public Safety enforces provisions of require, except that where certificate of insurance is filed this must show coverage of not chapter relating to traffic on public highways. (321.2). less than $20,000 for injury to or death of one person, $40,000 for injury to or death of two or more persons in same accident, and $15,000 for property damage. (321A.5[3]). RAILROADS: Insurance compulsory as of Jan. 1, 1998. (321A.21, 321.20B). See category Business Regulation and Commerce, topic Carriers.

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COMMERCIAL CODE FORMS See also categories Business Regulation and Commerce, topic Commercial Code; Mortgages, topic Chattel Mortgages. THE IOWA STATE BAR ASSOCIATION ISBA # FOR THE LEGAL EFFECT OF THE USE OF Official Form No. 116 THIS FORM, CONSULT YOUR LAWYER CAVEAT: DO NOT USE THIS FORM IF THIS TRANSACTION IS A CONSUMER CREDIT TRANSACTION SECURITY AGREEMENT—GENERAL FORM

1. GRANT OF SECURITY INTEREST. For value received, as security for the Obligations (as deﬁned below) the undersigned (“Debtor”) hereby grants to (“Secured Party”) a security interest in the property described in the paragraphs checked below: © All of Debtor’s inventory now owned or hereafter acquired; © All of Debtor’s accounts, now existing or hereafter arising, together with all interest of Debtor in any goods, the sale or lease of which give rise to any of Debtor’s accounts, and all chattel paper, documents and instruments relating to accounts; © All of Debtor’s general intangibles, now owned or hereafter acquired; © All of Debtor’s equipment now owned or hereafter acquired; © All of Debtor’s farm products now owned or hereafter acquired; © All of Debtor’s ﬁxtures on the real estate described in Paragraph 3 below; © Property described as

together with the proceeds, products, increase, issue, accessions, attachments, accessories, parts, additions, repairs, replacements and substitutes of, to, and for all of the foregoing. Debtor will promptly deliver to Secured Party, duly endorsed when necessary, all such chattel paper, documents and instruments and related guaranties, now on hand or hereafter received. All such property in which a security interest is granted is herein called the “Collateral.” 2. OBLIGATIONS. The aforesaid security interests secure payment and performance of the following obligations (the “Obligations”):

together will all other obligations of Debtor to Secured Party now existing or hereafter arising, whether direct or indirect, contingent or absolute and whether as maker or surety and including, but not limited to, future advances and amounts advanced and expenses and attorneys’ fees incurred pursuant to this Security Agreement. 3. REAL ESTATE. Any collateral attached to, or grown upon, land (such as ﬁxtures, crops, timber or minerals) will be grown upon or attached to the following described real estate:

and the name of the record owner of such real estate (if other than Debtor) is:

4. COPY—FILING. A carbon, photocopy or other reproduction of this Security Agreement may be filed as a financing statement. IF FOR FIXTURES, TIMBER OR MINERALS, SUCH A FILING SHALL BE FILED FOR RECORDING IN THE REAL ESTATE RECORDS. 5. DEBTORS. Each of the undersigned, if more than one, execute this Security Agreement as his, her, its, their joint and several obligation and it shall be binding upon and fully enforceable against either or both, or any or all of them, and reference herein to “Debtor” shall in such case be deemed to be plural, provided however that nothing contained herein shall extend personal liability under any of the Obligations as to which such Debtor is not otherwise liable. 6. COLLATERAL. Debtor represents, warrants and agrees: a. All Collateral is bona fide and genuine and Debtor is authorized to grant a security interest in the Collateral, free and clear of all liens and encumbrances, except the security interest created hereby and except

b. Debtor’s principal place of operation is the address shown herein, and Debtor shall promptly give Secured Party written notice of any change thereof, unless prior written consent of Secured Party is obtained. All Collateral and all of the Debtor’s business records are now kept, and shall continue to be kept, at such address, or if not, at

. THIS AGREEMENT SPECIFICALLY INCLUDES ALL OF THE ADDITIONAL PROVISIONS SET FORTH BELOW AND ON THE REVERSE SIDE HEREOF. DEBTOR ACKNOWLEDGES RECEIPT OF A FULLY COMPLETED COPY OF THIS SECURITY AGREEMENT.

DATED:

ADDRESS OF SECURED PARTY (FROM WHICH INFORMATION (Debtor) CONCERNING THE SECURITY INTEREST MAY BE OBTAINED)

(Debtor)

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Number and Street Number and Street

City City

County State County State

1. REPRESENTATIONS AND AGREEMENTS. Debtor represents and warrants to Secured Party, and agrees that: a. If a corporation or other business entity, Debtor is duly organized, existing, and is qualified and in good standing in all states in which it is doing business, and the execution, delivery and performance of this Security Agreement are within Debtor’s powers, have been duly authorized, and are not in contravention of law or the terms of Debtor’s charter, bylaws if any, or any indenture, agreement or undertaking to which Debtor is a party, or by which it is bound. If an individual, Debtor is of legal age. Debtor will not change his, her or its name, or identity unless written notice is given in advance to Secured Party. b. Debtor shall maintain insurance upon the Collateral which is tangible property against all customarily insured risks for the full insurable value thereof (and furnish Secured Party with duplicate policies if Secured Party so requests), loss to be payable to Debtor and Secured Party as their respective interests may appear. The Secured Party’s interest shall be protected in accordance with a standard or union-type loss payable clause. In the event of any loss or damage to any Collateral, Debtor will give Secured Party written notice thereof forthwith, promptly file proof of loss with the appropriate insurer and take all other steps necessary or appropriate to collect such insurance. If Secured Party so elects, Secured Party shall have full authority to collect all such insurance and to apply any amount collected to amounts owed hereunder, whether or not matured. Secured Party shall have no liability for any loss which may occur by reason of the omission or the lack of coverage of any such insurance. c. Debtor shall at all times maintain Collateral which is tangible property in good condition and repair, defend at Debtor’s expense all Collateral from all adverse claims and shall not use any of the Collateral for any illegal purpose. 116 SECURITY AGREEMENT - GENERAL FORM Revised January, 1999 d. Debtor shall (i) keep such books and records pertaining to the Collateral and to Debtor’s business operations as shall be satisfactory to Secured Party; (ii) permit representatives of Secured Party at any time to inspect the Collateral and inspect and make abstracts from Debtor’s books and records; and (iii) furnish to Secured Party such information and reports regarding the Collateral and Debtor’s business operations and its financial status, as Secured Party may from time to time reasonably require. SECURED PARTY IS HEREBY AUTHORIZED TO REQUEST CONFIRMATION OF SUCH INFORMATION OR ADDITIONAL INFORMATION OF ANY KIND WHATSOEVER DIRECTLY FROM ANY THIRD PARTY HAVING DEALINGS WITH DEBTOR. SECURED PARTY IS FURTHER IRREVOCABLY AUTHORIZED TO ENTER DEBTOR’S PREMISES TO INSPECT THE COLLATERAL. e. Debtor shall give such notice in writing (including but not limited to notice of assignment or notice to pay Secured Party directly) as Secured Party may require at any time to any or all account debtors, with respect to accounts which are Collateral, and, if Secured Party shall so request, deliver to Secured Party copies of any and all such notices. f. Debtor shall promptly transmit to Secured Party all information that it may have or receive with respect to Collateral or with respect to any account debtor which might in any way affect the value of the Collateral or Secured Party’s rights or remedies with respect thereto. g. Unless in default under this Agreement, Debtor may sell Inventory in the ordinary course of business and consume any raw materials or supplies, the use and consumption of which are necessary to carry on Debtor’s business. Debtor shall not otherwise consume, assign or transfer any Collateral without prior written consent of Secured Party. The provision of this Security Agreement granting a security interest in proceeds shall not be construed to mean that Secured Party consents to any sale or disposition of any Collateral. h. Debtor shall pay when due all taxes, assessments, and any other governmental levy which is, or may be, levied against any Collateral, and shall otherwise maintain the Collateral free of all liens, charges, and encumbrances (except liens set forth herein and the security interest created hereby). i. Debtor shall not store any Collateral with any warehouseman without Secured Party’s consent. j. Debtor shall promptly, unless Secured Party shall waive such requirement in writing, deliver to Secured Party all certificates of title, if any, (or any other documents evidencing title) to all Collateral with such proper notations, assignments or endorsements as may be necessary or appropriate to create, protect or preserve Secured Party’s security interest in the Collateral. k. Debtor shall, at its cost and expense, execute, deliver, file or record (in such manner and form as Secured Party may require) any assignment, financing statement or other paper that may be necessary or desirable, or that Secured Party may request, in order to create, preserve or perfect any security interest granted hereby or to enable Secured Party to exercise and enforce its rights hereunder or under any Collateral. Secured Party is further granted the power, coupled with an interest, to sign on behalf of Debtor as attorney-in-fact and to file one or more financing statements under the Uniform Commercial Code naming Debtor as debtor and Secured Party as secured party and describing the Collateral herein specified. 2. EXPENSES. Debtor upon demand shall pay to Secured Party forthwith the amounts of all expenses, including reasonable attorneys’ fees and legal expenses, incurred by Secured Party in seeking to collect any sums secured hereunder or to enforce any rights in the Collateral. Such amount shall be secured hereby, and if not paid on demand shall bear interest at the highest rate payable on any of the Obligations. 3. COLLECTION AUTHORITY ON ACCOUNTS. Debtor hereby irrevocably appoints Secured Party its true and lawful attorney, with full power of substitution, in Secured Party’s name, Debtor’s name or otherwise, for Secured Party’s sole use and benefit, but at Debtor’s cost and expense, to exercise, if Secured Party shall elect after an event of default has occurred (whether or not Secured Party then elects to exercise any other of its rights arising upon default) all or any of the following powers with respect to all or any accounts which are Collateral: a. To execute on Debtor’s behalf assignments of any or all accounts which are Collateral to Secured Party, and to notify account debtors thereunder to make payments directly to Secured Party; b. To demand, sue for, collect, receive and give acquittance for any and all moneys due or to become due upon or by virtue thereof; c. To receive, take, endorse, assign and deliver any and all checks, notes, drafts, documents and other negotiable and non-negotiable instruments and chattel paper taken or received by Secured Party in connection therewith; d. To settle, compromise, compound, prosecute or defend any action or proceeding with respect thereto; e. To sell, transfer, assign or otherwise deal in or with the same or the proceeds thereof or the relative goods, as fully and effectually as if Secured Party were the absolute owner thereof; and f. To extend the time of payment of any or all thereof and to make any allowance and other adjustments with reference thereto. Any funds collected pursuant to such powers shall be applied to the payment of the Obligations. The exercise by Secured Party of, or failure to so exercise, any of the foregoing authority, shall in no manner affect Debtor’s liability to Secured Party on any of the Obligations. Secured Party shall be under no obligation or duty to exercise any of the powers hereby conferred upon it and it shall be without liability for any act or failure to act in connection with the collection of or the preservation of any rights under any such accounts. Secured Party shall not be bound to take any steps necessary to preserve rights in any instrument or chattel paper against prior parties. 4. SET OFF. In the event of default hereunder, Secured Party, at its option at any time, and without notice to Debtor, may apply against the Obligations any property of Debtor held by Secured Party. As additional security for payment of the Obligations, Debtor hereby grants to Secured Party [a] security interest in any funds or property of Debtor now or hereafter in possession of Secured Party and with respect thereto Secured Party will have all rights and remedies herein specified. 5. WAIVER. Debtor waives protest, notice of dishonor, and presentment of all commercial paper at any time held by Secured Party on which Debtor is in any way liable, notice of non-payment at maturity of any account or chattel paper, and notice of any action taken by Secured Party except where notice is expressly required by this Security Agreement or cannot by law be waived. 6. DEFAULT. Debtor will be in default upon the occurrence of any of the following events: (a) failure to make the payment, when due and payable of any of the Obligations, (b) failure of the performance of any obligation or covenant contained or referred to herein, (c) any warranty, representation or statement made or furnished to Secured Party by or on behalf of Debtor proves to have been false in any material respect when made or furnished (d) any event which results in the acceleration of the maturity of the indebtedness of Debtor or any guarantor or co-maker of any of the Obligations to others under any indenture, agreement or undertaking; (e) loss, theft, damage, destruction or encumbrance to, or of, the Collateral or the making of any levy, seizure of attachment thereof or thereon; (f) death of, dissolution of, termination of existence of, insolvency of, business failure of, appointment of a receiver of any part of the property of, assignment for the benefit of creditors by, or the commencement of any proceeding under any bankruptcy or insolvency law by or against, Debtor or any guarantor or co-maker of any of the Obligations; (g) the occurrence or nonoccurrence of any event or events which causes the Secured Party, in good faith, to deem itself insecure for any reason whatsoever. In any such event Secured Party may at its option declare any or all of the Obligations to be due and payable and such sums shall then be due and payable immediately, without notice or demand. See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–29 MARTINDALE-HUBBELL LAW DIGEST - 2008

7. RIGHTS AND REMEDIES ON DEFAULT. After the occurrence of any event of default, Secured Party may exercise at any time and from time to time any rights and remedies available to it under applicable law, including but not limited to the right to sell, lease or otherwise dispose of the Collateral and the right to take possession of the Collateral. FOR THAT PURPOSE SECURED PARTY MAY ENTER UPON ANY PREMISES ON WHICH THE COLLATERAL OR ANY PART THEREOF MAY BE SITUATED AND REMOVE IT. Secured Party may require Debtor to assemble the Collateral and make it available at a place to be designated by Secured Party which is reasonably convenient to both parties. If at the time of repossession any of the Collateral contains other personal property not included in the Collateral, Secured Party may take such personal property into custody and store it at the risk and expense of Debtor. Debtor agrees to notify Secured Party within forty-eight (48) hours after repossession of the Collateral of any such other personal property claimed, and failure to do so will release Secured Party and its representatives from any liability for loss or damage thereto. Any notice of intended disposition of any of the Collateral required by law shall be deemed reasonable if such notice is given at least ten (10) days before the time of such disposition. Any proceeds of any disposition by Secured Party of any of the Collateral may be applied by it to the payment of expenses in connection with the Collateral, including but not limited to repossession expenses and reasonable attorneys’ fees and legal expenses, and any balance of such proceeds shall be then applied against the Obligations and other amounts secured hereby in such order of application as Secured Party may elect. 8. GENERAL a. Secured Party may, as its option, pay any tax, assessment, or other Governmental levy, or insurance premium or any other expense or charge relating to Collateral which is payable by Debtor (and not timely paid by it), and further may pay any filing or recording fees. Any amount or amounts so paid, with interest thereon at the highest rate payable on any of the Obligations (from the date of payment until repaid) shall be secured hereby and shall be payable upon demand. b. Secured Party shall not be deemed to have waived any of its rights hereunder or under any other agreement, instrument or paper signed by Debtor unless such waiver be in writing and signed by Secured Party. No delay or omission on the part of Secured Party in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to, or waiver of, any right or remedy on any future occasion. c. Any notice, if mailed, shall be deemed given when mailed postage prepaid, addressed to Debtor at its address shown above, or at any other address of Debtor appearing on Secured Parties’ records. d. Covenants, representations, warranties and agreements herein set forth shall be binding upon Debtor, its legal representatives, successors and assigns. This Security Agreement may be assigned by Secured Party and all rights and privileges of Secured Party under this Security Agreement shall then inure to the benefit of its successors and assigns. e. If any provision of this Security Agreement shall be for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not effect any other provision hereof, but this Security Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein. f. If Debtor is a guarantor, endorser, co-maker, or an accommodation party with respect to the Obligations, Debtor hereby waives the benefit of any and all defenses and claims of damage which are dependent upon Debtor’s character as a party other than the maker. Each party to any of the Obligations hereby consents to and waives notice of (1) any and all extensions (whether or not for longer than the original period) granted as to the time of payment of any or all of the Obligations, and (2) any renewal of any or all of the Obligations. g. This Security Agreement and all rights and duties hereunder, including but not limited to all matters of construction, validity, and performance, shall be governed by the law of Iowa. h. Unless otherwise defined or the context otherwise requires, all terms used herein which are defined in the Iowa Uniform Commercial Code shall have the meanings therein stated. The rights and remedies herein conferred upon Secured Party shall be in addition to, and not in substitution or in derogation of, rights and remedies conferred by the Iowa Uniform Commercial Code and other applicable law. i. All words and phrases used herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, as the context may require. j. Captions are inserted for convenience only and shall not be taken as altering the text.

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–30 IOWA LAW DIGEST

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–31 MARTINDALE-HUBBELL LAW DIGEST - 2008

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–32 IOWA LAW DIGEST

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–33 MARTINDALE-HUBBELL LAW DIGEST - 2008

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–34 IOWA LAW DIGEST

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–35 MARTINDALE-HUBBELL LAW DIGEST - 2008

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–36 IOWA LAW DIGEST

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–37 MARTINDALE-HUBBELL LAW DIGEST - 2008

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–38 IOWA LAW DIGEST

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–39 MARTINDALE-HUBBELL LAW DIGEST - 2008

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–40 IOWA LAW DIGEST

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–41 MARTINDALE-HUBBELL LAW DIGEST - 2008

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–42 IOWA LAW DIGEST

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–43 MARTINDALE-HUBBELL LAW DIGEST - 2008

See note at head of Digest as to 2007 legislation covered. See Topical Index in front part of this volume. IA–44