reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684 - VOIDABLE TRANSACTIONS › Section 684.10 - Governing law.

684.10 Governing law.
1. In this section, a debtor’s location is determined as follows:
a. A debtor who is an individual is located at the individual’s principal residence.
b. A debtor that is an organization and has only one place of business is located at its place of business.
c. A debtor that is an organization and has more than one place of business is located at its chief executive office.
2. A claim for relief in the nature of a claim for relief under this chapter is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.
2016 Acts, ch 1040, §10, 14, 15
Former §684.10 transferred to §684.12;
2016 Acts, ch 1040, §14
Section applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;
2016 Acts, ch 1040, §15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684 - VOIDABLE TRANSACTIONS › Section 684.11 - Application to series organization.

684.11 Application to series organization.
1. As used in this section:
a. “Protected series” means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph “b”.
b. “Series organization” means an organization that, pursuant to the law under which it is organized, has the following characteristics:
(1) The organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series.
(2) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization.
(3) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.
2. A series organization and each protected series of the organization is a separate person for purposes of this chapter, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization.
2016 Acts, ch 1040, §11, 14, 15
Former §684.11 transferred to §684.13;
2016 Acts, ch 1040, §14
Section applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;
2016 Acts, ch 1040, §15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684 - VOIDABLE TRANSACTIONS › Section 684.12 - Supplementary provisions.

684.12 Supplementary provisions.
Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.
94 Acts, ch 1121, §14
C95, §684.10
2016 Acts, ch 1040, §14, 15
C2017, §684.12
Former §684.12 transferred to §684.15;
2016 Acts, ch 1040, §14
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684 - VOIDABLE TRANSACTIONS › Section 684.13 - Uniformity of application and construction.

684.13 Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
94 Acts, ch 1121, §15
C95, §684.11
2016 Acts, ch 1040, §14, 15
C2017, §684.13
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684 - VOIDABLE TRANSACTIONS › Section 684.14 - Relation to Electronic Signatures in Global and National Commerce Act.

684.14 Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the 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).
2016 Acts, ch 1040, §12, 14, 15
Section applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;
2016 Acts, ch 1040, §15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684 - VOIDABLE TRANSACTIONS › Section 684.15 - Short title.

684.15 Short title.
This chapter, which was formerly cited as the “Uniform Fraudulent Transfer Act”, may be cited as the “Iowa Uniform Voidable Transactions Act”.
94 Acts, ch 1121, §16
C95, §684.12
2016 Acts, ch 1040, §13 – 15
C2017, §684.15
2016 amendment applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;
2016 Acts, ch 1040, §15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684A - QUESTIONS OF LAW IN SUPREME COURT CERTIFIED › Section 684A.1 - Power to answer.

684A.1 Power to answer.
The supreme court may answer questions of law certified to it by the supreme court of the United States, a court of appeals of the United States, a United States district court or the highest appellate court or the intermediate appellate court of another state, when requested by the certifying court, if there are involved in a proceeding before it questions of law of this state which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying court there is no controlling precedent in the decisions of the appellate courts of this state.
[C81, §684A.1]
Referred to in §684A.2
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684A - QUESTIONS OF LAW IN SUPREME COURT CERTIFIED › Section 684A.2 - Method of invoking.

684A.2 Method of invoking.
This chapter may be invoked by an order of a court referred to in section 684A.1 upon the court’s own motion or upon the motion of a party to the cause.
[C81, §684A.2]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684A - QUESTIONS OF LAW IN SUPREME COURT CERTIFIED › Section 684A.3 - Contents of certification order.

684A.3 Contents of certification order.
A certification order shall set forth the questions of law to be answered and a statement of facts relevant to the questions certified, showing fully the nature of the controversy in which the questions arose.
[C81, §684A.3]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684A - QUESTIONS OF LAW IN SUPREME COURT CERTIFIED › Section 684A.4 - Preparation of certification order.

684A.4 Preparation of certification order.
The certification order shall be prepared by the certifying court, signed by the judge presiding at the hearing, and forwarded to the supreme court by the clerk of the certifying court under its official seal. The supreme court may require the original or copies of all or of a portion of the record before the certifying court to be filed with the certification order, if, in the opinion of the supreme court, the record or portion of it is necessary in answering the questions.
[C81, §684A.4]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684A - QUESTIONS OF LAW IN SUPREME COURT CERTIFIED › Section 684A.5 - Costs of certification.

684A.5 Costs of certification.
Fees and costs shall be the same as in civil appeals docketed before the supreme court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.
[C81, §684A.5]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684A - QUESTIONS OF LAW IN SUPREME COURT CERTIFIED › Section 684A.6 - Procedure.

684A.6 Procedure.
The supreme court may prescribe rules of procedure concerning the answering and certification of questions of law under this chapter.
[C81, §684A.6]
83 Acts, ch 186, §10128, 10201; 98 Acts, ch 1115, §17, 21
Rules adopted by the supreme court are published in the compilation “Iowa Court Rules”
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684A - QUESTIONS OF LAW IN SUPREME COURT CERTIFIED › Section 684A.7 - Opinion.

684A.7 Opinion.
The written opinion of the supreme court stating the law governing the questions certified shall be sent by the clerk under the seal of the supreme court to the certifying court and to the parties.
[C81, §684A.7]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 684A - QUESTIONS OF LAW IN SUPREME COURT CERTIFIED › Section 684A.8 - Power to certify.

684A.8 Power to certify.
The supreme court or the court of appeals, on its own motion or the motion of a party, may order certification of questions of law to the highest court of another state when it appears to the certifying court that there are involved in a proceeding before the court questions of law of the receiving state which may be determinative of the cause then pending in the certifying court and it appears to the certifying court that there are no controlling precedents in the decisions of the highest court or intermediate appellate courts of the receiving state.
[C81, §684A.8]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 685 - FALSE CLAIMS › Section 685.4 - Procedure — statute of limitations.

685.4 Procedure — statute of limitations.
1. A subpoena requiring the attendance of a witness at a trial or hearing conducted under this chapter may be served at any place in the state, or through any means authorized in the Iowa rules of civil procedure.
2. A civil action under this chapter may not be brought more than six years after the date on which the violation of section 685.2 is committed, or more than three years after the date when facts material to the right of action are known or reasonably should have been known by the official of state charged with responsibility to act in the circumstances, but in no event more than ten years after the date on which the violation is committed, whichever occurs last.
3. If the state elects to intervene and proceed with an action brought under this chapter, the state may file its own complaint or amend the complaint of a qui tam plaintiff to clarify or add detail to the claims in which the state is intervening and to add any additional claims with respect to which the state contends it is entitled to relief. For statute of limitations purposes, any such state pleading shall relate back to the filing date of the complaint of the qui tam plaintiff who originally brought the action, to the extent that the claim of the state arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
4. In any action brought under section 685.3, the state shall prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
5. Notwithstanding any other provision of law, the Iowa rules of criminal procedure, or the Iowa rules of evidence, a final judgment rendered in favor of the state in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under section 685.3.
2010 Acts, ch 1031, §341
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 685 - FALSE CLAIMS › Section 685.5 - Jurisdiction.

685.5 Jurisdiction.
1. Any action under section 685.3 may be brought in any county in which the defendant or, in the case of multiple defendants, any one defendant can be found, resides, transacts business, or in which any act proscribed by section 685.2 occurred. An original notice as required by the Iowa rules of civil procedure shall be issued by the appropriate district court and served in accordance with the Iowa rules of civil procedure.
2. A seal on the action ordered by the court under section 685.3 shall not preclude the state, local government, or the qui tam plaintiff from serving the complaint, any other pleadings, or the written disclosure of substantially all material evidence and information possessed by the qui tam plaintiff on the law enforcement authorities that are authorized under the law of the state or local government to investigate and prosecute such actions on behalf of such governments, except that such seal applies to the law enforcement authorities so served to the same extent as the seal applies to other parties in the action.
2010 Acts, ch 1031, §342
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686 - CONSTRUCTION DEFECTS — CLASS ACTIONS › Section 686.1 - Definitions.

686.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Action” means any civil action or arbitration proceeding for damages or indemnity asserting a claim for injury to property, real or personal, arising out of the unsafe or defective condition of an improvement to real property based on tort, breach of contract, or express or implied warranty.
2. “Association” means an entity or homeowners association created for the purposes of managing the operations of a community as set forth in a declaration of covenants or declaration of submission of property to horizontal property regime filed of record in the county that the property is located.
3. “Claimant” means a private owner, a subsequent private owner, or an association, who asserts a claim in a class action for damages against a general contractor or subcontractor concerning a construction defect. “Claimant” shall not include a public corporation as defined in section 573.1.
4. “Construction defect” means an alleged or actual unsafe or defective condition of an improvement to real property.
5. “General contractor” means a person who does work or furnishes materials by contract, express or implied, with an owner.
6. “Owner” means the legal or equitable titleholder of record to real property or the holder of a leasehold interest.
7. “Serve”, “served”, or “service” means delivery by certified mail with a United States postal service record of evidence of delivery or attempted delivery to the last known address of the addressee, by hand delivery with written evidence of delivery, or by delivery by any courier with written evidence of delivery.
8. “Subcontractor” means a person furnishing material or performing labor upon any building, erection, or other improvement to land, except those having contracts directly with the owner.
2019 Acts, ch 25, §1, 8, 9
Section applies to actions for which litigation has not commenced prior to April 15, 2019; 2019 Acts, ch 25, §8, 9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686 - CONSTRUCTION DEFECTS — CLASS ACTIONS › Section 686.2 - Action — compliance.

686.2 Action — compliance.
1. A claimant shall not file an action without first complying with the requirements of this chapter. If a claimant files an action alleging a construction defect without first complying with the requirements of this chapter, on timely motion by a party to the action, the court shall stay the action, without prejudice, and the action shall not proceed until the claimant has complied with the requirements.
2. An action filed prior to the expiration of the statute of limitations set forth in section 614.1, which is stayed pursuant to this section and for which the statute of limitations runs during the time the claimant is complying with this statute, shall not be deemed barred by the applicable statute of limitation for the pending action if the claimant complies with the requirements of this chapter and the action is otherwise allowed to proceed.
2019 Acts, ch 25, §2, 8, 9
Section applies to actions for which litigation has not commenced prior to April 15, 2019; 2019 Acts, ch 25, §8, 9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686 - CONSTRUCTION DEFECTS — CLASS ACTIONS › Section 686.4 - Multiple construction defects.

686.4 Multiple construction defects.
The procedures in this chapter apply to each construction defect. However, a claimant may include multiple defects in one notice of claim. A claimant may amend the initial list of construction defects to identify additional or new construction defects as the defects become known to the claimant. The court shall allow the action to proceed to trial only as to alleged construction defects that were noticed and for which the claimant has complied with this chapter and as to construction defects reasonably related to, or caused by, the construction defects previously noticed. Nothing in this section shall preclude subsequent or further actions.
2019 Acts, ch 25, §4, 8, 9
Section applies to actions for which litigation has not commenced prior to April 15, 2019; 2019 Acts, ch 25, §8, 9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686 - CONSTRUCTION DEFECTS — CLASS ACTIONS › Section 686.5 - Limitations of chapter.

686.5 Limitations of chapter.
This chapter does not do any of the following:
1. Bar or limit any rights, including the right of specific performance to the extent such right would be available in the absence of this chapter, any causes of action, or any theories on which liability may be based, except as specifically provided in this chapter.
2. Bar or limit any defense, or create any new defense, except as specifically provided in this chapter.
3. Create any new rights, causes of action, or theories on which liability may be based.
2019 Acts, ch 25, §5, 8, 9
Section applies to actions for which litigation has not commenced prior to April 15, 2019; 2019 Acts, ch 25, §8, 9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686 - CONSTRUCTION DEFECTS — CLASS ACTIONS › Section 686.6 - Effect of arbitration clauses.

686.6 Effect of arbitration clauses.
To the extent that an arbitration clause in a contract for the sale, design, or construction of real property conflicts with this chapter, this chapter shall control.
2019 Acts, ch 25, §6, 8, 9
Section applies to actions for which litigation has not commenced prior to April 15, 2019; 2019 Acts, ch 25, §8, 9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686 - CONSTRUCTION DEFECTS — CLASS ACTIONS › Section 686.7 - Application.

686.7 Application.
1. This chapter applies to construction defects in new construction. This chapter does not apply to construction defects in renovations or remodels.
2. This chapter only applies to actions brought pursuant to a class action.
2019 Acts, ch 25, §7 – 9
Section applies to actions for which litigation has not commenced prior to April 15, 2019; 2019 Acts, ch 25, §8, 9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686A - ASBESTOS BANKRUPTCY TRUST CLAIMS › Section 686A.2 - Definitions.

686A.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Asbestos” means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in
29 C.F.R. pt. 1910
, at the time the asbestos action is filed.
2. “Asbestos action” means a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on, or related to the health effects of exposure to asbestos, including loss of consortium, wrongful death, mental or emotional injury, risk or fear of disease or other injury, costs of medical monitoring or surveillance, and any other derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child, or other relative of that person.
3. “Asbestos trust” means a government-approved or court-approved trust, qualified settlement fund, compensation fund, or claims facility created as a result of an administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U.S.C. §524(g) or 11 U.S.C. §1121(a) or other applicable provision of law, that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos.
4. “Plaintiff” means the person bringing an asbestos action, including a personal representative if the asbestos action is brought by an estate, or a conservator or next friend if the asbestos action is brought on behalf of a minor or legally incapacitated individual.
5. “Trust claims materials” means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust, including claims forms and supplementary materials, affidavits, depositions and trial testimony, work history, and medical and health records, documents reflecting the status of a claim against an asbestos trust, and if the trust claim has settled, all documents relating to the settlement of the trust claim.
6. “Trust governance documents” means all documents that relate to eligibility and payment levels, including claims payment matrices, trust distribution procedures, or plans for reorganization, for an asbestos trust.
2017 Acts, ch 11, §2
Referred to in §686B.2, 686C.2
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686A - ASBESTOS BANKRUPTCY TRUST CLAIMS › Section 686A.3 - Required disclosures by plaintiff.

686A.3 Required disclosures by plaintiff.
1. Within ninety days after an asbestos action is filed, or within ninety days after July 1, 2017, whichever is later, the plaintiff shall do all of the following:
a. Provide the court and parties with a sworn statement signed by the plaintiff and the plaintiff’s counsel, under penalty of perjury, indicating that an investigation of all asbestos trust claims has been conducted and that all asbestos trust claims that may be made by the plaintiff or any person on the plaintiff’s behalf have been filed. The sworn statement must indicate whether there has been a request to defer, delay, suspend, or toll any asbestos trust claim, and provide the disposition of each asbestos trust claim.
b. Provide all parties with all trust claims materials, including trust claims materials that relate to conditions other than those that are the basis for the asbestos action and including all trust claims materials from all attorneys connected to the plaintiff in relation to exposure to asbestos, including any attorney involved in the asbestos action, any referring attorney, and any other attorney who has filed an asbestos trust claim for the plaintiff or on the plaintiff’s behalf.
c. If the plaintiff’s asbestos trust claim is based on exposure to asbestos through another individual, the plaintiff shall produce all trust claims materials submitted by the other individual to any asbestos trusts if the materials are available to the plaintiff or the plaintiff’s counsel.
2. The plaintiff shall supplement the information and materials required under subsection 1 within thirty days after the plaintiff or a person on the plaintiff’s behalf supplements an existing asbestos trust claim, receives additional information or materials related to an asbestos trust claim, or files an additional asbestos trust claim.
3. The court may dismiss the asbestos action if the plaintiff fails to comply with this section.
4. An asbestos action shall not be set for trial until at least one hundred eighty days after the requirements of subsection 1 are met.
2017 Acts, ch 11, §3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686A - ASBESTOS BANKRUPTCY TRUST CLAIMS › Section 686A.4 - Identification of additional or alternative asbestos trusts by defendant.

686A.4 Identification of additional or alternative asbestos trusts by defendant.
1. A defendant may file a motion requesting a stay of the proceedings on or before the later of the sixtieth day before the date trial in the action is set to commence or the fifteenth day after the defendant first obtains information that could support additional trust claims by the plaintiff. The motion shall identify the asbestos trust claims the defendant believes the plaintiff can file and include information supporting the asbestos trust claims.
2. Within ten days of receiving the defendant’s motion, the plaintiff shall do one of the following:
a. File the asbestos trust claims.
b. File a written response with the court stating the reason there is insufficient evidence for the plaintiff to file the asbestos trust claims.
c. File a written response with the court requesting a determination that the cost to file the asbestos trust claims exceeds the plaintiff’s reasonably anticipated recovery.
3. a. If the court determines that there is a sufficient basis for the plaintiff to file an asbestos trust claim identified in the motion to stay, the court shall stay the asbestos action until the plaintiff files the asbestos trust claim and produces all related trust claims materials.
b. If the court determines that the cost of submitting an asbestos trust claim exceeds the plaintiff’s reasonably anticipated recovery, the court shall stay the asbestos action until the plaintiff files with the court and provides all parties with a verified statement of the plaintiff’s history of exposure, usage, or other connection to asbestos covered by that asbestos trust.
4. An asbestos action shall not be set for trial until at least sixty days after the plaintiff provides the documentation required by this section.
2017 Acts, ch 11, §4
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686A - ASBESTOS BANKRUPTCY TRUST CLAIMS › Section 686A.5 - Discovery — use of materials.

686A.5 Discovery — use of materials.
1. Trust claims materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos action. Notwithstanding any other provision of law to the contrary, a claim of privilege does not apply to any trust claims materials or trust governance documents.
2. A defendant in an asbestos action may seek discovery from an asbestos trust. Notwithstanding any other provision of law to the contrary, the plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release information and materials sought by a defendant.
3. Trust claim materials that are sufficient to entitle a claim to consideration for payment under the applicable trust governance documents may be sufficient to support a jury finding that the plaintiff may have been exposed to products for which the trust was established to provide compensation and that, under applicable law, such exposure may be a substantial contributing factor in causing the plaintiff’s injury that is at issue in the asbestos action.
2017 Acts, ch 11, §5
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686A - ASBESTOS BANKRUPTCY TRUST CLAIMS › Section 686A.6 - Trust record — valuation of asbestos trust claims — judicial notice.

686A.6 Trust record — valuation of asbestos trust claims — judicial notice.
1. Not less than thirty days before trial in an asbestos action, the court shall enter into the record a document that identifies every asbestos trust claim made by the plaintiff or on the plaintiff’s behalf.
2. If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, there is a rebuttable presumption that the plaintiff is entitled to, and will receive, the compensation specified in the trust governance document applicable to the plaintiff’s claim at the time of trial. The court shall take judicial notice that the trust governance document specifies compensation amounts and payment percentages and shall establish an attributed value to the plaintiff’s asbestos trust claims.
2017 Acts, ch 11, §6
Referred to in §686A.7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686A - ASBESTOS BANKRUPTCY TRUST CLAIMS › Section 686A.7 - Setoff — credit.

686A.7 Setoff — credit.
In any asbestos action in which damages are awarded and setoffs are permitted under applicable law, a defendant is entitled to a setoff or credit in the amount the plaintiff has been awarded from an asbestos trust identified in section 686A.6, subsection 1, and the amount of the valuation established under section 686A.6, subsection 2. If multiple defendants are found liable for damages, the court shall distribute the amount of setoff or credit proportionally between the defendants, according to the liability of each defendant.
2017 Acts, ch 11, §7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686A - ASBESTOS BANKRUPTCY TRUST CLAIMS › Section 686A.8 - Failure to provide information — sanctions.

686A.8 Failure to provide information — sanctions.
1. On the motion of a defendant or judgment debtor seeking sanctions or other relief in an asbestos action, the court may impose any sanction provided by court rule or a law of this state, including but not limited to vacating a judgment rendered in the action, for a plaintiff’s failure to comply with the disclosure requirements of this chapter.
2. If the plaintiff or a person on the plaintiff’s behalf files an asbestos trust claim after the plaintiff obtains a judgment in an asbestos action, and that asbestos trust was in existence at the time the plaintiff obtained the judgment, the trial court, on motion by a defendant or judgment debtor seeking sanctions or other relief, has jurisdiction to reopen the judgment in the asbestos action and adjust the judgment by the amount of any subsequent asbestos trust payments obtained by the plaintiff and order any other relief to the parties that the court considers just and proper.
3. A defendant or judgment debtor shall file any motion under this section within a reasonable time and not more than one year after the judgment was entered.
2017 Acts, ch 11, §8
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686A - ASBESTOS BANKRUPTCY TRUST CLAIMS › Section 686A.9 - Application.

686A.9 Application.
1. This chapter applies to all asbestos actions filed on or after July 1, 2017.
2. This chapter applies to all pending asbestos actions in which trial has not commenced as of July 1, 2017, unless the court finds that the application of a provision in this chapter would unconstitutionally affect a vested right. In that case, the provision does not apply and the court shall apply prior law.
2017 Acts, ch 11, §9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686B - ASBESTOS AND SILICA CLAIMS PRIORITIES › Section 686B.5 - Silica claims involving silicosis — elements of proof.

686B.5 Silica claims involving silicosis — elements of proof.
A silica action involving silicosis shall not be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which exposure to silica was a substantial contributing factor. The prima facie showing shall be made as to each defendant and include a detailed narrative medical report and diagnosis signed under oath by a qualified physician that includes all of the following:
1. Radiological or pathological evidence of silicosis or a high-resolution computed tomography scan showing evidence of silicosis.
2. A detailed occupational and exposure history from the exposed person or, if that person is deceased, from the person most knowledgeable about the exposures that form the basis of the action, including identification of all principal places of employment and exposures to airborne contaminants and whether each place of employment involved exposures to airborne contaminants, including silica or other disease-causing dusts or fumes, that may cause pulmonary impairment and the nature, duration, and level of any exposure.
3. A detailed medical, social, and smoking history from the exposed person or, if that person is deceased, from the person most knowledgeable, including a thorough review of the past and present medical problems of the exposed person and the most probable cause of such medical problems.
4. Evidence that a sufficient latency period has elapsed between the exposed person’s date of first exposure to silica and the day of diagnosis.
5. Evidence based upon a personal medical examination and pulmonary function testing of the exposed person or, if the exposed person is deceased, based upon the person’s medical records, that the exposed person has or the deceased person had a permanent respiratory impairment rating of at least class 2 as defined by and evaluated pursuant to the AMA guides or reported significant changes year to year in lung function for FVC, FEV1, or diffusing capacity of the lung for carbon monoxide as defined by the American thoracic society’s interpretative strategies for lung function tests, 26 European Respiratory Journal 948-68, 961-62, table 12 (2005), as updated.
6. The qualified physician signing the detailed narrative medical report has concluded that exposure to silica was a substantial contributing factor to the exposed person’s physical impairment and not more probably the result of other causes. An opinion stating that the medical findings and impairment are consistent with or compatible with exposure to silica, or similar opinion, does not satisfy the requirements of this subsection.
2017 Acts, ch 11, §14
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686B - ASBESTOS AND SILICA CLAIMS PRIORITIES › Section 686B.6 - Evidence of physical impairment.

686B.6 Evidence of physical impairment.
Evidence relating to physical impairment, including pulmonary function testing and diffusing studies, offered in an action governed by this chapter, must satisfy all of the following requirements:
1. The evidence must comply with the quality controls, equipment requirements, methods of calibration, and techniques set forth in the AMA guides and all standards set forth in the official statements of the American thoracic society which are in effect on the date of any examination or pulmonary function testing of the exposed person required by this chapter.
2. The evidence must not be obtained by or based on testing or examinations that violate any law, regulation, licensing requirement, or medical code of practice of the state in which the examination, test, or screening was conducted, or of this state.
3. The evidence must not be obtained under the condition that the plaintiff or exposed person retains the legal services of the attorney sponsoring the examination, test, or screening.
2017 Acts, ch 11, §15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686B - ASBESTOS AND SILICA CLAIMS PRIORITIES › Section 686B.7 - Procedures — limitation.

686B.7 Procedures — limitation.
1. Evidence relating to the prima facie showings required under this chapter shall not create any presumption that the exposed person has an asbestos-related or silica-related injury or impairment, and shall not be conclusive as to the liability of any defendant.
2. No evidence shall be offered at trial, and the jury shall not be informed, of any of the following:
a. The grant or denial of a motion to dismiss an asbestos action or silica action under the provisions of this chapter.
b. The provisions of this chapter with respect to what constitutes a prima facie showing of asbestos-related impairment or silica-related impairment.
3. Until a court enters an order determining that the exposed person has established prima facie evidence of impairment, an asbestos action or silica action shall not be subject to discovery, except discovery related to establishing or challenging the prima facie evidence or by order of the trial court upon motion of one of the parties and for good cause shown.
4. a. A court may consolidate for trial any number and type of asbestos actions or silica actions with the consent of all the parties. In the absence of such consent, the court may consolidate for trial only asbestos actions or silica actions relating to the exposed person and members of that person’s household.
b. This subsection does not preclude the consolidation of cases by court order for pretrial or discovery purposes.
5. A defendant in an asbestos action or silica action shall not be liable for exposures from a product or component part made or sold by a third party.
2017 Acts, ch 11, §16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686B - ASBESTOS AND SILICA CLAIMS PRIORITIES › Section 686B.8 - Statute of limitations — two-disease rule.

686B.8 Statute of limitations — two-disease rule.
1. With respect to an asbestos action or silica action not barred by limitations as of July 1, 2017, an exposed person’s cause of action shall not accrue, nor shall the running of limitations commence, prior to the earliest of the following:
a. The exposed person received a medical diagnosis of an asbestos-related impairment or silica-related impairment.
b. The exposed person discovered facts that would have led a reasonable person to obtain a medical diagnosis with respect to the existence of an asbestos-related impairment or silica-related impairment.
c. The date of death of the exposed person having an asbestos-related impairment or silica-related impairment.
2. This section shall not be construed to revive or extend limitations with respect to any claim for asbestos-related impairment or silica-related impairment that was otherwise time-barred as of July 1, 2017.
3. An asbestos action or silica action arising out of a nonmalignant condition shall be a distinct cause of action from an action for an asbestos-related cancer or silica-related cancer. Where otherwise permitted under state law, no damages shall be awarded for fear or increased risk of future disease in an asbestos action or silica action.
2017 Acts, ch 11, §17
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686B - ASBESTOS AND SILICA CLAIMS PRIORITIES › Section 686B.9 - Application.

686B.9 Application.
1. This chapter applies to all asbestos actions and silica actions filed on or after July 1, 2017.
2. This chapter applies to all pending asbestos actions and silica actions in which trial has not commenced as of July 1, 2017, unless the court finds that the application of a provision in this chapter would unconstitutionally affect a vested right. In that case, the provision does not apply and the court shall apply prior law.
2017 Acts, ch 11, §18
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686C - ASBESTOS-RELATED LIABILITY OF SUCCESSOR CORPORATIONS › Section 686C.2 - Definitions.

686C.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Asbestos action” means the same as defined in section 686A.2, but also includes any claim for damage or loss caused by the installation, presence, or removal of asbestos.
2. “Corporation” means any corporation established under either domestic or foreign charter and includes a corporate subsidiary and any business entity in which a corporation participates or is a stockholder, a partner, or a joint venture.
3. “Successor” means a corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities through operation of law, including but not limited to a merger or consolidation or plan of merger or consolidation related to such consolidation or merger or by appointment as an administrator or as a trustee in bankruptcy, debtor in possession, liquidation, or receivership and that became a successor before January 1, 1972. “Successor” includes any of that successor corporation’s successors.
4. “Successor asbestos-related liability” means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, which are related in any way to an asbestos action and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation with or into another corporation, or that are related in any way to an asbestos action based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. “Successor asbestos-related liability” includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under section 686C.4, were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction.
5. “Transferor” means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.
2017 Acts, ch 11, §20
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686C - ASBESTOS-RELATED LIABILITY OF SUCCESSOR CORPORATIONS › Section 686C.3 - Limitations on successor asbestos-related liabilities.

686C.3 Limitations on successor asbestos-related liabilities.
1. Except as provided in subsection 2, the cumulative successor asbestos-related liabilities of a successor are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. A successor shall not have responsibility for successor asbestos-related liabilities in excess of this limitation.
2. If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total gross assets of the prior transferor determined as of the time of the earlier merger or consolidation shall be substituted for the limitation set forth in subsection 1 for purposes of determining the limitation of liability of a successor.
3. The limitations in this section shall apply to any successor but shall not apply to any of the following:
a. Workers’ compensation benefits paid by or on behalf of an employer to an employee under the provisions of chapter 85 or 85A, or a comparable workers’ compensation law of another jurisdiction.
b. Any claim against a corporation that does not constitute a successor asbestos-related liability.
c. Any obligation under the federal National Labor Relations Act, 29 U.S.C. §151 et seq., as amended, or under any collective bargaining agreement.
d. A successor that, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.
2017 Acts, ch 11, §21
Referred to in §686C.4
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686C - ASBESTOS-RELATED LIABILITY OF SUCCESSOR CORPORATIONS › Section 686C.4 - Establishing fair market value of total gross assets.

686C.4 Establishing fair market value of total gross assets.
1. A successor may establish the fair market value of total gross assets, which include intangible assets, for the purpose of the limitations under section 686C.3, through any method reasonable under the circumstances, including any of the following:
a. By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arms-length transaction.
b. In the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
2. To the extent total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, the applicability, terms, conditions, and limits of such insurance shall not be affected by this chapter, nor shall this chapter otherwise affect the rights and obligations of an insurer, transferor, or successor under any insurance contract or any related agreement, including, without limitation, preenactment settlements resolving coverage-related disputes, and the rights of an insurer to seek payment for applicable deductibles, retrospective premiums, or self-insured retentions or to seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable. Without limiting the foregoing, to the extent total gross assets include any such liability insurance, a settlement of a dispute concerning any such liability insurance coverage entered into by a transferor or successor with the insurers of the transferor before July 1, 2017, shall be determinative of the total coverage of such liability insurance to be included in the calculation of the transferor’s total gross assets.
2017 Acts, ch 11, §22
Referred to in §686C.2, 686C.5
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686C - ASBESTOS-RELATED LIABILITY OF SUCCESSOR CORPORATIONS › Section 686C.5 - Adjustment.

686C.5 Adjustment.
1. Except as provided in subsections 2, 3, and 4, the fair market value of total gross assets at the time of a merger or consolidation shall increase annually at a rate equal to the sum of the prime rate as listed in the first edition of the Wall street journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall street journal, in which case any reasonable determination of the prime rate on the first day of the year may be used, plus one percent.
2. The rate determined under subsection 1 shall not be compounded.
3. The adjustment of the fair market value of total gross assets shall continue as provided in subsection 1 until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the successor corporation or a predecessor or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of total gross assets is determined.
4. No adjustment of the fair market value of total gross assets shall be applied to any liability insurance that may be included in the total gross assets pursuant to section 686C.4, subsection 2.
2017 Acts, ch 11, §23
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686C - ASBESTOS-RELATED LIABILITY OF SUCCESSOR CORPORATIONS › Section 686C.6 - Scope of chapter — application.

686C.6 Scope of chapter — application.
1. This chapter shall be liberally construed with regard to successors.
2. This chapter applies to all asbestos claims filed against a successor on or after July 1, 2017.
3. This chapter applies to all pending asbestos actions in which trial has not commenced as of July 1, 2017, unless the court finds that the application of a provision in this chapter would unconstitutionally affect a vested right. In that case, the provision does not apply and the court shall apply prior law.
2017 Acts, ch 11, §24
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 686D - COVID-19 RELATED LIABILITY › Section 686D.1 - Short title.

686D.1 Short title.
This chapter shall be known and may be cited as the “COVID-19 Response and Back-to-Business Limited Liability Act”.
2020 Acts, ch 1070, §3, 11
Section applies retroactively to January 1, 2020; 2020 Acts, ch 1070, §11