Iowa Code r. 129-6.13 - Pleadings
(1)
When required. Pleadings
may be required by rule, by the notice of hearing, or by order of the presiding
officer.
(2)
Petition.
a. Any petition
required in a contested case proceeding shall be filed within 20 days of
delivery of the notice of hearing or subsequent order of the presiding officer,
unless otherwise ordered.
b. A
petition shall state in separately numbered paragraphs the following:
(1) The persons or entities on whose behalf
the petition is filed;
(2) The
particular provisions of statutes and rules involved;
(3) The relief demanded and the facts and law
relied upon for such relief; and
(4) The name, address and telephone number of
the petitioner and the petitioner's attorney, if any.
(3)
Answer.
a. An answer shall be filed within 20 days of
service of the petition unless otherwise ordered.
b. A party may move to dismiss or apply for a
more definite and detailed statement when appropriate.
c. An answer shall show on whose behalf it is
filed and specifically admit, deny, or otherwise answer all material
allegations of the pleading to which it responds.
d. An answer shall state any facts deemed to
show an affirmative defense and contain as many additional defenses as the
pleader may claim.
e. An answer
shall state the name, address and telephone number of the person filing the
answer, the person or entity on whose behalf it is filed, and the attorney
representing that person, if any.
f. Any allegation in the petition not denied
in the answer is considered admitted. The presiding officer may refuse to
consider any defense not raised in the answer which could have been raised on
the basis of facts known when the answer was filed if any party would be
prejudiced.
(4)
Amendment. Any notice of hearing or petition may be amended
before a responsive pleading has been filed. Amendments to pleadings after a
responsive pleading has been filed and to an answer may be allowed with the
consent of the other parties or in the discretion of the presiding officer. The
presiding officer may impose terms as a condition of allowing such amendments
or grant a continuance.
Notes
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