If, after the commencement of an action, the plaintiff, for any cause except negligence in its prosecution, fails therein, and a new one is brought within six months thereafter, the second shall be held a continuation of the first.
Iowa Code § 614.10
Failure of action
Applied in 26 court decisions — leading case Owen Equipment & Erection Co. v. Kroger (1978)
Most recently applied in Dianna Ellis, as Wrongful Death Representative for the Estate of Burke Henry Mccarthy v. Wesley Hiser, M.D., an Individual (August 2025)
[C51, §1668; R60, §2749; C73, §2537; C97, §3455; C24, 27, 31, 35, 39, §11017; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §614.10] 2020 Acts, ch 1063, §324
How often courts cite this section
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.
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.