Public-domain · open source
OpenJurist

Iowa Code § 669.4

District court to hold hearings

Known as the Iowa Tort Claims Act

The act spans §§ 669–669 (27 sections).

Applied in 8 court decisions — leading case Casey Mcgill Ginger L. Mcgill Ashlea D. Mcgill And Casey Mcgill, As Parent And Next Best Friend Of Amanda R. Mcgill, Alicia C. Mcgill, And Allison C. Mcgill, Minors Vs. Ben Fish, Thomas Vine, Mark Newton, Robert Selby, And Steven Shaffer (2010)

Most recently applied in Kaitlyn Johnson v. Humboldt County, Iowa (June 2018)

[C66, 71, 73, 75, 77, 79, 81, §25A.4; 82 Acts, ch 1055, §1, 2] 2006 Acts, ch 1185, §106; 2015 Acts, ch 29, §114

How often courts cite this section

20092010201810
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.

1. The district court of the state of Iowa for the district in which the plaintiff is resident or in which the act or omission complained of occurred, or where the act or omission occurred outside of Iowa and the plaintiff is a nonresident, the Polk county district court has exclusive jurisdiction to hear, determine, and render judgment on any suit or claim as defined in this chapter. However, the laws and rules of civil procedure of this state on change of place of trial apply to such suits.

2. The state shall be liable in respect to such claims to the same claimants, in the same manner, and to the same extent as a private individual under like circumstances, except that the state shall not be liable for interest prior to judgment or for punitive damages. Costs shall be allowed in all courts to the successful claimant to the same extent as if the state were a private litigant.

3. The immunity of the state from suit and liability is waived to the extent provided in this chapter.

4. A suit is commenced under this chapter by serving the attorney general or the attorney general’s duly authorized delegate in charge of the tort claims division by service of an original notice. The state shall have thirty days within which to enter its general or special appearance.

C93, §669.4

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