Iowa R. Civ. P. 1.277

As amended through Septmber 9, 2024
Rule 1.277 - Statute of limitations

The statute of limitations is tolled for all class members upon the commencement of an action asserting a class action. The statute of limitations resumes running against a member of a class:

1. 277(1) Upon filing an election of exclusion by that member.
1. 277(2) Upon entry of an order of certification, or of an amendment thereof, eliminating that member from the class.
1. 277(3) Except as to representative parties, upon entry of an order under rule 1.262 refusing to certify an action as a class action.
1. 277(4) Upon dismissal of the action without an adjudication on the merits.

Iowa. R. Civ. P. 1.277

Report 1980; October 31,1997, effective January 24, 1998; November 9,2001, effective February 15,2002.

COMMENT: Former Iowa R. Civ. P. 42.6 was stricken in order to eliminate its restriction on personal jurisdiction over nonresident class members, and to permit exercise of jurisdiction over nonresident class members to the extent permitted by the U.S. and state constitutions as interpreted by the courts. Former Iowa Rs. Civ. P. 42.19 and 42.20 were stricken because the Model Act has been adopted in only two states.