617.9 Unserved parties — optional procedure.
1. When the action is against two or more defendants, and one or more of them shall have been served, but not all, the plaintiff may proceed as follows:
2. If the action is against defendants who are jointly, or jointly and severally, or severally liable only, the plaintiff may, without prejudice to the plaintiff’s rights in that or any other action against those not served, proceed against those served in the same manner as if they were the only defendants; if the plaintiff recovers against those jointly liable only, the plaintiff may take judgment against all thus liable, which may be enforced against the joint and separate property of those served, but not against the separate property of those not served, until they have had opportunity to show cause why judgment should not be enforced against their separate property.
[R60, §2841; C73, §2627; C97, §3542; C24, 27, 31, 35, 39, §11091; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §617.9]
2021 Acts, ch 76, §150
Code editor directive applied
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 617 - COMMENCING ACTIONS
Section 617.1 - Process — criminal defendant.
Section 617.2 - Penalty — amendment.
Section 617.3 - Foreign corporations or nonresidents contracting or committing torts in Iowa.
Section 617.4 - Consolidated railways.
Section 617.5 - Insurance company.
Section 617.6 - Other corporations.
Section 617.7 - Unknown defendants.
Section 617.9 - Unserved parties — optional procedure.
Section 617.10 - Real estate — action indexed.
Section 617.13 - Real estate in other county.
Section 617.14 - Constructive notice.