§ 685.4

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 theIowa 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 datewhen facts material to the right of action are known or reasonably should have been knownby the official of state charged with responsibility to act in the circumstances, but in no eventmore 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 oradd detail to the claims in which the state is intervening and to add any additional claims withrespect 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

l claims withrespect 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 tamplaintiff who originally brought the action, to the extent that the claim of the state arises outof the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the priorcomplaint 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 criminalproceeding charging fraud or false statements, whether upon a verdict after trial or upona plea of guilty or nolo contendere, shall estop the defendant from denying the essentialelements of the offense in any action which involves the same transaction as in the criminalproceeding and which is brought under section 685.3. 2010 Acts, ch 1031, §341 Sat Dec 23 12:26:10 2023 Iowa Code 2024, Section 685.4 (18, 0)