Public-domain · open source
OpenJurist

Iowa Code § 611.22

Actions by or against legal representatives or successors in interest — substitution

Applied in 9 court decisions — leading case Estate of Dyer Ex Rel. Lirot v. Krug (1995)

Most recently applied in Mary E. Roth and Michael A. Roth, Individually and as Coexecutors of the Estate of Cletus Roth, Anna M. Roth, Individually, and Bradley E. Roth, Individually v. the Evangelical Lutheran Good Samaritan Society D/B/A Good Samaritan Society - George (October 2016)

[C51, §1699; R60, §4111; C73, §2527; C97, §3445; C24, 27, 31, 35, 39, §10959; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §611.22] 2021 Acts, ch 7, §1, 2

How often courts cite this section

1981199020002010201610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Any action contemplated in sections 611.20 and 611.21 may be brought, or the court, on motion, may allow the action to be continued, by or against the legal representatives or successors in interest of the deceased. Such action shall be deemed a continuing one, and to have accrued to such representative or successor at the time it would have accrued to the deceased if the deceased had survived. If such is continued against the legal representative or successor in interest of the defendant, a notice shall be served as in case of original notices. If such an action by the deceased is allowed to be continued, then the court shall appoint a personal representative for the deceased as defined in section 633.3 or shall allow a successor under section 633.356 to continue the action.

Manner of service,

2021 amendment applies to actions that arise on or after July 1, 2021; 2021 Acts, ch 7, §2

Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.