reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 637 - UNIFORM PRINCIPAL AND INCOME ACT › Section 637.605 - Interested trustee requirements to convert or change computation method.

637.605 Interested trustee requirements to convert or change computation method.
An interested trustee may proceed to take action under section 637.604 if all of the following apply:
1. The trustee adopts a written policy for the trust as follows:
a. In the case of a trust being administered as an income trust, requiring that future distributions from the trust will be unitrust amounts rather than net income.
b. In the case of a trust being administered as a total return unitrust, requiring that future distributions from the trust will be net income rather than unitrust amounts.
c. Requiring that the method used to determine the fair market value of the trust will be changed as stated in the policy.
2. The trustee appoints a disinterested person who, in the person’s sole discretion, but acting in a fiduciary capacity, determines for the trustee the method to be used in determining the fair market value of the trust, and which assets, if any, are to be excluded in determining the unitrust amount.
3. The trustee sends written notice of the trustee’s intention to take any action described in section 637.604, along with copies of such written policy, this subchapter, and the determination of the disinterested person to all of the following persons:
a. The trustor of the trust, if living.
b. All living persons who are currently receiving or eligible to receive distributions of income of the trust.
c. All living persons who would receive principal of the trust if the trust were to terminate at the time of the giving of such notice, without regard to the exercise of any power of appointment or, if the trust does not provide for its termination, all living persons who would receive or be eligible to receive distributions of income or principal of the trust if the persons identified in paragraph “b” were deceased.
d. All persons named in the governing instrument as adviser to or protector of the trust.
4. At least one person receiving notice under subsection 3, paragraphs “b” and “c”, is legally competent.
5. No person receiving the notice described in subsection 3 objects, by written instrument delivered to the trustee, to the proposed action of the trustee within sixty days of receipt of such notice.
2002 Acts, ch 1086, §9, 21; 2003 Acts, ch 44, §105; 2003 Acts, ch 108, §111
Referred to in §637.604, 637.613
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 637 - UNIFORM PRINCIPAL AND INCOME ACT › Section 637.606 - Petition to court to convert trust.

637.606 Petition to court to convert trust.
1. If any trustee desires to do any of the following but does not have the ability to or elects not to do so under the provisions of section 637.602 or 637.604, the trustee may petition the court for such order as the trustee deems appropriate:
a. Convert an income trust to a total return unitrust.
b. Reconvert a total return unitrust to an income trust.
c. Change the percentage used to calculate the unitrust amount or the method used to determine the fair market value of the trust.
2. If, however, there is only one trustee of such trust and such trustee is an interested trustee or in the event there are two or more trustees of such trust and a majority of them are interested trustees, the court, in its own discretion or upon the petition of such trustee or trustees or any person interested in the trust, may appoint a disinterested person who, acting in a fiduciary capacity, shall present such information to the court as necessary to enable the court to make its determinations.
2002 Acts, ch 1086, §10, 21; 2013 Acts, ch 30, §261
Referred to in §637.613
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 637 - UNIFORM PRINCIPAL AND INCOME ACT › Section 637.607 - Valuation of trust.

637.607 Valuation of trust.
The fair market value of the trust shall be determined at least annually, using such valuation date or dates or averages of valuation dates as are deemed appropriate. Assets for which a fair market value cannot be readily ascertained shall be valued using such valuation methods as are deemed reasonable and appropriate. Such assets may be excluded from valuation, provided all income received with respect to such assets is distributed to the extent distributable in accordance with the terms of the governing instrument.
2002 Acts, ch 1086, §11, 21
Referred to in §637.613
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 637 - UNIFORM PRINCIPAL AND INCOME ACT › Section 637.608 - Payout percentage.

637.608 Payout percentage.
The annual unitrust payout percentage shall be four percent unless the governing instrument specifically provides a different percentage or the court approves a percentage of not less than three percent or more than five percent after notice of intent to seek a payout percentage other than four percent has been given to all of the following persons:
1. The trustor of the trust, if living.
2. All living persons who are currently receiving or eligible to receive distributions of income of the trust.
3. All living persons who would receive principal of the trust if the trust were to terminate at the time of the giving of such notice without regard to the exercise of any power of appointment or, if the trust does not provide for its termination, all living persons who would receive or be eligible to receive distributions of income or principal of the trust if the persons identified in subsection 2 were deceased.
4. All persons named in the governing instrument as adviser to or protector of the trust.
2002 Acts, ch 1086, §12, 21
Referred to in §637.613
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 637 - UNIFORM PRINCIPAL AND INCOME ACT › Section 637.610 - Procedure upon conversion of income trust to total return unitrust.

637.610 Procedure upon conversion of income trust to total return unitrust.
Following the conversion of an income trust to a total return unitrust, the trustee:
1. Shall treat the unitrust amount as if it were net income of the trust for purposes of determining the amount available, from time to time, for distribution from the trust.
2. Shall allocate an amount to trust income, not in excess of the annual unitrust payout amount, in the following order:
a. The amount derived from net income, as determined if the trust were other than a total return unitrust.
b. The amount derived from other ordinary income as determined for federal income tax purposes.
c. The amount derived from net realized short-term capital gains as determined for federal income tax purposes.
d. The amount derived from net realized long-term capital gains as determined for federal income tax purposes.
e. The amount derived from trust principal.
2002 Acts, ch 1086, §14, 21
Referred to in §637.613
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 637 - UNIFORM PRINCIPAL AND INCOME ACT › Section 637.611 - Total return unitrust administration.

637.611 Total return unitrust administration.
In administering a total return unitrust, the trustee may, in the trustee’s sole discretion but subject to the provisions of the governing instrument, determine all of the following:
1. The effective date of the conversion.
2. The timing of distributions, including provisions for prorating a distribution for a short year in which a beneficiary’s right to payments commences or ceases.
3. Whether distributions are to be made in cash or in kind or partly in cash and partly in kind.
4. If the trust is reconverted to an income trust, the effective date of such reconversion.
5. Such other administrative issues as may be necessary or appropriate to carry out the purposes of this subchapter.
2002 Acts, ch 1086, §15, 21
Referred to in §637.613
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 637 - UNIFORM PRINCIPAL AND INCOME ACT › Section 637.612 - Principal distributions subject to governing instrument.

637.612 Principal distributions subject to governing instrument.
Conversion to a total return unitrust under the provisions of this subchapter shall not affect any other provision of the governing instrument, if any, regarding distributions of principal.
2002 Acts, ch 1086, §16, 21
Referred to in §637.613
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 637 - UNIFORM PRINCIPAL AND INCOME ACT › Section 637.613 - Construction and applicability.

637.613 Construction and applicability.
This subchapter shall be construed as pertaining to the administration of a trust and shall be available to any trust that is administered in Iowa under Iowa law unless any of the following apply:
1. The governing instrument reflects an intention that the current beneficiary or beneficiaries are to receive an amount other than a reasonable current return from the trust.
2. The trust is a trust described in section 170(f)(2)(B), 664(d), 1361(d), 2702(a)(3), or 2702(b) of the Internal Revenue Code.
3. One or more persons to whom the trustee could distribute income have a power of withdrawal over the trust that is not subject to an ascertainable standard under section 2041 or 2514 of the Internal Revenue Code or that can be exercised to discharge a duty of support the person possesses.
4. The governing instrument expressly prohibits use of this subchapter by specific reference to the subchapter. A provision in the governing instrument that the provisions of sections 637.601 through 637.615 or any corresponding provision of future law shall not be used in the administration of this trust or similar words reflecting such intent shall be sufficient to preclude the use of this subchapter.
2002 Acts, ch 1086, §17, 21
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 637 - UNIFORM PRINCIPAL AND INCOME ACT › Section 637.614 - Good faith actions.

637.614 Good faith actions.
Any trustee or disinterested person who in good faith takes or fails to take any action under this subchapter shall not be liable to any person affected by such action or inaction, regardless of whether such person received written notice as provided in this subchapter and regardless of whether such person was under a legal disability at the time of the delivery of such notice. Such person’s exclusive remedy shall be to obtain an order of the court directing the trustee to convert an income trust to a total return unitrust, or to reconvert a total return unitrust to an income trust.
2002 Acts, ch 1086, §18, 21
Referred to in §637.613
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 637 - UNIFORM PRINCIPAL AND INCOME ACT › Section 637.615 - Effective date.

637.615 Effective date.
This subchapter takes effect April 5, 2002, and applies to trusts in existence on that date or created after that date.
2002 Acts, ch 1086, §19, 21
Referred to in §637.613
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 637 - UNIFORM PRINCIPAL AND INCOME ACT › Section 637.701 - Application of chapter to existing trusts and estates — chapter prevails.

637.701 Application of chapter to existing trusts and estates — chapter prevails.
This chapter applies to every trust or decedent’s estate on and after July 1, 2000, except as otherwise expressly provided in the will, the terms of the trust, or this chapter. Notwithstanding any Code provision to the contrary, the provisions of this chapter shall prevail over any other applicable Code provision.
2002 Acts, ch 1086, §20, 21
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS › Section 638.3 - Applicability.

638.3 Applicability.
1. This chapter applies to all of the following:
a. A fiduciary acting under a will or power of attorney executed before, on, or after July 1, 2017.
b. A personal representative acting for a decedent who died before, on, or after July 1, 2017.
c. A conservator or guardian acting for a ward on or after July 1, 2017.
d. A trustee acting under a trust created before, on, or after July 1, 2017.
2. This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user’s death.
3. This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.
2017 Acts, ch 79, §6
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS › Section 638.4 - User direction for disclosure of digital assets.

638.4 User direction for disclosure of digital assets.
1. A user may use an online tool to direct the custodian to disclose to the designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at any time, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
2. If a user has not used an online tool to give direction under subsection 1, or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user’s digital assets, including the content of electronic communications sent or received by the user.
3. A user’s direction under subsection 1 or 2 overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user’s assent to the terms of service.
2017 Acts, ch 79, §7
Referred to in §638.5, 638.15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS › Section 638.5 - Terms-of-service agreement.

638.5 Terms-of-service agreement.
1. This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
2. This chapter does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or a designated recipient acts or represents.
3. A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under section 638.4.
2017 Acts, ch 79, §8
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS › Section 638.6 - Procedure for disclosing digital assets.

638.6 Procedure for disclosing digital assets.
1. When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion do any of the following:
a. Grant a fiduciary or designated recipient full access to the user’s account.
b. Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged.
c. Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive, was competent, and had access to the account.
2. A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
3. A custodian need not disclose under this chapter a digital asset deleted by a user.
4. If a user directs or a fiduciary requests a custodian to disclose some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose any of the following:
a. A subset of the user’s digital assets limited by date.
b. All of the user’s digital assets to the fiduciary or designated recipient.
c. None of the user’s digital assets.
d. All of the user’s digital assets to the court for review in camera.
2017 Acts, ch 79, §9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS › Section 638.7 - Disclosure of content of electronic communications of deceased user.

638.7 Disclosure of content of electronic communications of deceased user.
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian all of the following:
1. A written request for disclosure in physical or electronic form.
2. A certified copy of the death certificate of the user.
3. A certified copy of the letters of appointment of the personal representative, an original affidavit made pursuant to section 633.356, or a file-stamped copy of the court order authorizing the personal representative to administer the user’s estate.
4. Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications.
5. If requested by the custodian, any of the following:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account.
b. Evidence linking the account to the user.
c. A finding by the court of any of the following:
(1) The user had a specific account with the custodian, identifiable by the information specified in paragraph “a”.
(2) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. §2701 et seq., 47 U.S.C. §222, or other applicable law.
(3) Unless the user provided direction using an online tool, that the user consented to disclosure of the content of electronic communications.
(4) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
2017 Acts, ch 79, §10
Referred to in §638.16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS › Section 638.8 - Disclosure of other digital assets of deceased user.

638.8 Disclosure of other digital assets of deceased user.
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user if the personal representative gives the custodian all of the following:
1. A written request for disclosure in physical or electronic form.
2. A certified copy of the death certificate of the user.
3. A certified copy of the letters of appointment of the personal representative, an original affidavit made pursuant to section 633.356, or a file-stamped copy of the court order authorizing the personal representative to administer the user’s estate.
4. If requested by the custodian, any of the following:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account.
b. Evidence linking the account to the user.
c. An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate.
d. A finding by the court of any of the following:
(1) The user had a specific account with the custodian, identifiable by the information specified in paragraph “a”.
(2) Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.
2017 Acts, ch 79, §11
Referred to in §638.16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS › Section 638.9 - Disclosure of content of electronic communications of principal.

638.9 Disclosure of content of electronic communications of principal.
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian all of the following:
1. A written request for disclosure in physical or electronic form.
2. An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal.
3. A certification by the agent, under penalty of perjury, that the power of attorney is in effect. The certification form provided in section 633B.302 shall satisfy the requirement of this subsection.
4. If requested by the custodian, any of the following:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account.
b. Evidence linking the account to the principal.
2017 Acts, ch 79, §12
Referred to in §638.16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS › Section 638.10 - Disclosure of other digital assets of principal.

638.10 Disclosure of other digital assets of principal.
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian all of the following:
1. A written request for disclosure in physical or electronic form.
2. An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal.
3. A certification by the agent, under penalty of perjury, that the power of attorney is in effect.
4. If requested by the custodian, any of the following:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal’s account.
b. Evidence linking the account to the principal.
2017 Acts, ch 79, §13
Referred to in §638.16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS › Section 638.11 - Disclosure of digital assets held in trust when trustee is original user.

638.11 Disclosure of digital assets held in trust when trustee is original user.
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
2017 Acts, ch 79, §14
Referred to in §638.16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS › Section 638.12 - Disclosure of contents of electronic communications held in trust when trustee not original user.

638.12 Disclosure of contents of electronic communications held in trust when trustee not original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian all of the following:
1. A written request for disclosure in physical or electronic form.
2. A certified copy of the trust instrument or a certification of trust under section 633A.4604 that includes consent to disclosure of the content of electronic communications to the trustee.
3. A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust.
4. If requested by the custodian, any of the following:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account.
b. Evidence linking the account to the trust.
2017 Acts, ch 79, §15
Referred to in §638.16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS › Section 638.13 - Disclosure of other digital assets held in trust when trustee not original user.

638.13 Disclosure of other digital assets held in trust when trustee not original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian all of the following:
1. A written request for disclosure in physical or electronic form.
2. A certified copy of the trust instrument or a certification of trust under section 633A.4604.
3. A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust.
4. If requested by the custodian, any of the following:
a. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account.
b. Evidence linking the account to the trust.
2017 Acts, ch 79, §16
Referred to in §638.16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS › Section 638.14 - Disclosure of digital assets to conservator or guardian of a ward.

638.14 Disclosure of digital assets to conservator or guardian of a ward.
1. After an opportunity for a hearing to all interested parties, the court may grant a conservator or guardian access to the digital assets of a ward.
2. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or guardian the catalogue of electronic communications sent or received by a ward and any digital assets, other than the content of electronic communications, in which the ward has a right or interest if the conservator or guardian gives the custodian all of the following:
a. A written request for disclosure in physical or electronic form.
b. A file-stamped copy of the court order that gives the conservator or guardian authority over the digital assets of the ward.
c. If requested by the custodian, any of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward.
(2) Evidence linking the account to the ward.
3. If the conservatorship or guardianship is not limited, the conservator or guardian may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause. A request made under this section must be accompanied by a file-stamped copy of the court order establishing the conservatorship or guardianship.
2017 Acts, ch 79, §17
Referred to in §638.16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS › Section 638.16 - Custodian compliance and immunity.

638.16 Custodian compliance and immunity.
1. Not later than sixty days after receipt of the information required under sections 638.7 through 638.15, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
2. An order under subsection 1 directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. §2702.
3. A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
4. A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary’s request.
5. This chapter does not limit a custodian’s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which finds all of the following:
a. That the account belongs to the user.
b. That there is sufficient consent from the user to support the requested disclosure.
c. Any specific factual finding required by any applicable law other than this chapter.
6. A custodian and the custodian’s officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
2017 Acts, ch 79, §19
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS › Section 638.17 - Uniformity of application and construction.

638.17 Uniformity of application and construction.
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to this chapter’s subject matter among states that enact the revised uniform fiduciary access to digital assets Act.
2017 Acts, ch 79, §20
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS › Section 638.18 - Relation to Electronic Signatures in Global and National Commerce Act.

638.18 Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. §7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. §7003(b).
2017 Acts, ch 79, §21
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.1 - Method.

639.1 Method.
The plaintiff in a civil action may cause the property of the defendant not exempt from execution to be attached at the commencement or during the progress of the proceeding, by pursuing the course hereinafter prescribed.
[C51, §1846; R60, §3172; C73, §2949; C97, §3876; C24, 27, 31, 35, 39, §12078; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.1]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.2 - Proceedings auxiliary.

639.2 Proceedings auxiliary.
If it be subsequent to the commencement of the action, a separate petition or an amendment to the petition must be filed, and in all cases the proceedings relative to the attachment are to be deemed independent of the ordinary proceedings and only auxiliary thereto.
[C51, §1847; R60, §3173; C73, §2950; C97, §3877; C24, 27, 31, 35, 39, §12079; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.2]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.3 - Grounds.

639.3 Grounds.
The petition or amendment to petition which asks an attachment, must in all cases be sworn to. It must state one or more of the following grounds:
1. That the defendant is a foreign corporation or acting as such.
2. That the defendant is a nonresident of the state.
3. That the defendant is about to remove the defendant’s property out of the state without leaving sufficient remaining for the payment of the defendant’s debts.
4. That the defendant has disposed of the defendant’s property, in whole or in part, with intent to defraud the defendant’s creditors.
5. That the defendant is about to dispose of the defendant’s property with intent to defraud the defendant’s creditors.
6. That the defendant has absconded, so that the ordinary process cannot be served upon the defendant.
7. That the defendant is about to remove permanently out of the county, and has property therein not exempt from execution, and that the defendant refuses to pay or secure the plaintiff.
8. That the defendant is about to remove permanently out of the state, and refuses to pay or secure the debt due the plaintiff.
9. That the defendant is about to remove the defendant’s property or a part thereof out of the county with intent to defraud the defendant’s creditors.
10. That the defendant is about to convert the defendant’s property or a part thereof into money for the purpose of placing it beyond the reach of the defendant’s creditors.
11. That the defendant has property or rights in action which the defendant conceals.
12. That the debt is due for property obtained under false pretenses.
13. That the defendant is about to dispose of property belonging to the plaintiff.
14. That the defendant is about to convert the plaintiff’s property or a part thereof into money for the purpose of placing it beyond the reach of the plaintiff.
15. That the defendant is about to move permanently out of state, and refuses to return property belonging to the plaintiff.
[C51, §1848; R60, §3174; C73, §2951; C97, §3878; C24, 27, 31, 35, 39, §12080; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.3]
87 Acts, ch 80, §25
Referred to in §124.407, 537.5110
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.4 - Alternative statement of grounds.

639.4 Alternative statement of grounds.
The causes for the attachment shall not be stated in the alternative.
[R60, §3242; C73, §3021; C97, §3878; C24, 27, 31, 35, 39, §12081; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.4]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.5 - Issued on Sunday.

639.5 Issued on Sunday.
Where the petition states, in addition to the other facts required, that the plaintiff will lose the plaintiff’s claim unless the attachment issues and is served on Sunday, it may be issued and served on that day.
[C73, §2952; C97, §3879; C24, 27, 31, 35, 39, §12082; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.5]
Analogous or related provisions, §626.6, 643.3, and 667.3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.6 - On contract — amount due.

639.6 On contract — amount due.
If the plaintiff’s demand is founded on contract, the petition must state that something is due, and, as nearly as practicable, the amount, which must be more than five dollars in order to authorize an attachment.
[C51, §1849; R60, §3175; C73, §2953; C97, §3880; C24, 27, 31, 35, 39, §12083; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.6]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.7 - Value of property attached.

639.7 Value of property attached.
The amount thus sworn to is intended as a guide to the sheriff, who must, as nearly as the circumstances of the case will permit, levy upon property fifty percent greater in value than that amount.
[C51, §1850; R60, §3176; C73, §2954; C97, §3881; C24, 27, 31, 35, 39, §12084; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.7]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.8 - Allowance of value in other cases.

639.8 Allowance of value in other cases.
If the demand is not founded on contract, the original petition must be presented to some judge of the supreme or district court, or the judge of the court from which the issuance of a writ of attachment is sought, who shall make an allowance thereon of the amount in value of the property that may be attached.
[C51, §1851; R60, §3177; C73, §2955; C97, §3882; C24, 27, 31, 35, 39, §12085; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.8]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.9 - For debts not due — grounds.

639.9 For debts not due — grounds.
The property of a debtor may be attached on debts not due, when nothing but time is wanting to fix an absolute indebtedness, and when the petition, in addition to that fact, states one or more of the following grounds:
1. That the defendant is about to dispose of the defendant’s property with intent to defraud the defendant’s creditors.
2. That the defendant is about to remove or has removed from the state, and refuses to secure the payment of the debt when it falls due, and which removal or contemplated removal was not known to the plaintiff at the time the debt was contracted.
3. That the defendant has disposed of the defendant’s property in whole or in part with intent to defraud the defendant’s creditors.
4. That the debt was incurred for property obtained under false pretenses.
[C51, §1852; R60, §3178; C73, §2956; C97, §3883; C24, 27, 31, 35, 39, §12086; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.9]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.10 - Appearance — judgment — perishable property.

639.10 Appearance — judgment — perishable property.
If, at the time of the service of the attachment, the claim upon which suit is brought is not due, the defendant need not appear in the action until the maturity of the demand, unless the defendant elects to plead, in which event the cause shall stand for trial when it is reached in its regular order, and no final judgment shall be rendered therein before the maturity of the debt unless such election is made, but if perishable property is levied upon, it may be sold as in other attachment cases.
[R60, §3179, 3180; C73, §2957, 2958; C97, §3884; C24, 27, 31, 35, 39, §12087; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.10]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.11 - Bond.

639.11 Bond.
In all cases before it can be issued, the plaintiff must file with the clerk a bond for the use of the defendant, with sureties to be approved by such clerk, in a penalty at least double the value of the property sought to be attached, and in no case less than two hundred fifty dollars conditioned that the plaintiff will pay all damages which the defendant may sustain by reason of the wrongful suing out of the attachment.
[C51, §1853; R60, §3181; C73, §2959; C97, §3885; C24, 27, 31, 35, 39, §12088; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.11]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.12 - Bond for levy on real property only.

639.12 Bond for levy on real property only.
In any case where only real property is sought to be attached, the plaintiff shall file such bond in a penalty to be fixed by the court or the clerk, and in such cases, the clerk shall issue a writ thereunder and shall direct therein that real property only shall be attached.
[C31, 35, §12088-d1; C39, §12088.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.12]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.13 - Additional security.

639.13 Additional security.
The defendant may, at any time before judgment, move the court for additional security on the part of the plaintiff, and if, on such motion, the court is satisfied that the surety on the plaintiff’s bond has removed from the state, or is not sufficient, the attachment may be vacated and restitution directed of any property taken under it, unless, in a reasonable time, to be fixed by the court, security is given by the plaintiff.
[R60, §3182; C73, §2960; C97, §3886; C24, 27, 31, 35, 39, §12089; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.13]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.14 - Action on bond.

639.14 Action on bond.
In an action on such bond, the plaintiff therein may recover, if the plaintiff shows that the attachment was wrongfully sued out, and that there was no reasonable cause to believe the ground upon which the same was issued to be true, the actual damages sustained, and reasonable attorney’s fees to be fixed by the court; and if it be shown such attachment was sued out maliciously, the plaintiff may recover exemplary damages, nor need the plaintiff wait until the principal suit is determined before suing on the bond.
[C51, §1854; R60, §3183; C73, §2961; C97, §3887; C24, 27, 31, 35, 39, §12090; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.14]
Referred to in §445.4
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.15 - Remedy for falsely suing out — counterclaim.

639.15 Remedy for falsely suing out — counterclaim.
The fact stated as a cause of attachment shall not be contested in the action by a mere defense. The defendant’s remedy shall be on the bond, but the defendant may in the defendant’s discretion sue thereon by way of counterclaim, and in such case shall recover damages as in an original action on such bond.
[R60, §3238; C73, §3017; C97, §3888; C24, 27, 31, 35, 39, §12091; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.15]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.16 - Writ to sheriff.

639.16 Writ to sheriff.
The clerk shall issue a writ of attachment, directing the sheriff of the county therein named to attach the property of the defendant to the requisite amount therein stated.
[C51, §1856; R60, §3185; C73, §2962; C97, §3889; C24, 27, 31, 35, 39, §12092; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.16]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.17 - Several writs to different counties.

639.17 Several writs to different counties.
Attachments may be issued from the district court to different counties, and several may, at the option of the plaintiff, be issued at the same time, or in succession and subsequently, until sufficient property has been attached; but only those executed shall be taxed in the costs, unless otherwise ordered by the court.
[C51, §1855, 1858; R60, §3184; C73, §2963; C97, §3890; C24, 27, 31, 35, 39, §12093; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.17]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.18 - Surplus levy.

639.18 Surplus levy.
If more property is attached in the aggregate than the plaintiff is entitled to, the surplus must be abandoned, and the plaintiff pay all costs incurred in relation to such surplus.
[C51, §1858; R60, §3184; C73, §2963; C97, §3890; C24, 27, 31, 35, 39, §12094; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.18]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.19 - Property attached.

639.19 Property attached.
The sheriff shall in all cases attach the amount of property directed, if sufficient, not exempt from execution, is found in the sheriff’s county, giving that in which the defendant has a legal and unquestionable title a preference over that in which the defendant’s title is doubtful or only equitable.
[C51, §1857; R60, §3186; C73, §2964; C97, §3891; C24, 27, 31, 35, 39, §12095; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.19]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.20 - Several attachments.

639.20 Several attachments.
Where there are several attachments against the same defendant, they shall be executed in the order in which they were received by the sheriff.
[R60, §3187; C73, §2965; C97, §3892; C24, 27, 31, 35, 39, §12096; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.20]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.21 - Following property.

639.21 Following property.
If, after an attachment has been placed in the hands of the sheriff, any property of the defendant is moved from the county, the sheriff may pursue and attach the same in an adjoining county within twenty-four hours after removal.
[R60, §3188; C73, §2966; C97, §3893; C24, 27, 31, 35, 39, §12097; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.21]
Analogous provisions, §643.8, 643.9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.23 - Judgments — money — things in action.

639.23 Judgments — money — things in action.
Judgments, money, bank bills, and other things in action may be levied upon by the officer under an attachment in the same manner as levies are made under execution, except that notice of such levy shall be given as in levies by attachment, and after judgment such property shall be sold, appropriated, or transferred as provided for in the chapter on executions.
[C51, §1859, 1860; R60, §3194; C73, §2967; C97, §3895; C24, 27, 31, 35, 39, §12099; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.23]
Executions, chapter 626
Levy on judgments, moneys, etc., §626.21, 626.22
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.24 - Property in possession of another.

639.24 Property in possession of another.
Property of defendant in possession of another, and of which defendant is entitled to the immediate possession, may be seized under attachment by taking possession thereof, in the same manner as though found in the defendant’s possession.
[C51, §1859, 1860; R60, §3194; C73, §2967; C97, §3896; C24, 27, 31, 35, 39, §12100; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.24]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.25 - Garnishment.

639.25 Garnishment.
Property of the defendant in the possession of another, or debts due the defendant, may be attached by garnishment as hereinafter provided.
[C51, §1859, 1860; R60, §3194; C73, §2967; C97, §3897; C24, 27, 31, 35, 39, §12101; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.25]
Garnishment, chapter 642
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.26 - When property bound.

639.26 When property bound.
Property capable of manual delivery, and attached otherwise than by garnishment, is bound thereby from the time manual custody thereof is taken by the officer under the attachment.
[C51, §1859, 1860, 1874; R60, §3194, 3215; C73, §2967, 2969; C97, §3898; C24, 27, 31, 35, 39, §12102; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.26]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.27 - Real estate.

639.27 Real estate.
Real estate or equitable interests therein may be attached.
[R60, §3243; C73, §3022; C97, §3899; C24, 27, 31, 35, 39, §12103; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.27]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 639 - ATTACHMENT › Section 639.28 - Lien.

639.28 Lien.
The levy shall be a lien thereon from the time of an entry made and signed by the officer making the same upon the encumbrance book in the office of the clerk of the county in which the land is situated, showing the levy, the date thereof, name of the county from which the attachment issued, title of the action, and a description of the land levied on.
[R60, §3243; C73, §3022; C97, §3899; C24, 27, 31, 35, 39, §12104; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §639.28]
Analogous provision, §626.20