617.9 Unserved parties — optional procedure. 1. When the action is against two or more defendants, and one or more of them shall have been served, but not all, the plaintiff may proceed as follows: 2. If the action is against defendants who are jointly, or jointly and severally, or severally liable only, the plaintiff may, without prejudice to the plaintiff’s rights in that or any otheraction against those not served, proceed against those served in the same manner as ifthey were the only defendants; if the plaintiff recovers against those jointly liable only, theplaintiff may take judgment against all thus liable, which may be enforced against the jointand separate property of those served, but not against the separate property of those notserved, until they have had opportunity to show cause why judgment should not be enforcedagainst their separate property. [R60, §2841; C73, §2627; C97, §3542; C24, 27, 31, 35, 39, §11091; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §617.9] 2021 Acts, ch 76, §150 Sat Dec 23 11:19:02 2023 Iowa Code 2024, Section 617.9 (18, 0)
Iowa Legal Code