4.1 - RULES.
4.1 RULES.
In the construction of the statutes, the following rules shall be
observed, unless such construction would be inconsistent with the
manifest intent of the general assembly, or repugnant to the context
of the statute:
1. Appellate court. The term "appellate court" means and
includes both the supreme court and the court of appeals. Where an
act, omission, right, or liability is by statute conditioned upon the
filing of a decision by an appellate court, the term means any final
decision of either the supreme court or the court of appeals.
2. "Child" includes child by adoption.
3. Clerk -- clerk's office. The word "clerk" means clerk
of the court in which the action or proceeding is brought or is
pending; and the words "clerk's office" mean the office of that
clerk.
4. Consanguinity and affinity. Degrees of consanguinity and
affinity shall be computed according to the civil law.
5. "Court employee" and "employee of the judicial branch"
include every officer or employee of the judicial branch except a
judicial officer.
6. Deed -- bond -- indenture -- undertaking. The word
"deed" is applied to an instrument conveying lands, but does not
imply a sealed instrument; and the words "bond" and
"indenture" do not necessarily imply a seal, and the word
"undertaking" means a promise or security in any form.
7. Executor -- administrator. The term "executor"
includes administrator, and the term "administrator" includes
executor, where the subject matter justifies such use.
8. Figures and words. If there is a conflict between figures
and words in expressing a number, the words govern.
9. Highway -- road. The words "highway" and "road"
include public bridges, and may be held equivalent to the words
"county way", "county road", "common road", and "state
road".
9A. "Internet" means the federated international system that
is composed of allied electronic communication networks linked by
telecommunication channels, that uses standardized protocols, and
that facilitates electronic communication services, including but not
limited to use of the world wide web; the transmission of electronic
mail or messages; the transfer of files and data or other electronic
information; and the transmission of voice, image, and video.
9B. "Internet site" means a specific location on the internet
that is determined by internet protocol numbers, by a domain name, or
by both, including but not limited to domain names that use the
designations ".com", ".edu", ".gov", ".org", and ".net".
10. Issue. The word "issue" as applied to descent of
estates includes all lawful lineal descendants.
11. Joint authority. Words giving a joint authority to three
or more public officers or other persons shall be construed as giving
such authority to a majority of them, unless it be otherwise
expressed in the Act giving the authority.
12. "Judicial officer" means a supreme court justice, a judge
of the court of appeals, a district judge, a district associate
judge, an associate juvenile judge, an associate probate judge, or a
magistrate. The term also includes a person who is temporarily
serving as a justice, judge, or magistrate as permitted by section
602.1612 or 602.9206.
13. Land -- real estate. The word "land" and the phrases
"real estate" and "real property" include lands, tenements,
hereditaments, and all rights thereto and interests therein,
equitable as well as legal.
13A. "Livestock" includes but is not limited to an animal
classified as an ostrich, rhea, or emu.
14. "Magistrate" means a judicial officer appointed under
chapter 602, article 6, part 4.
15. Reserved.
16. Month -- year -- A.D. The word "month" means a
calendar month, and the word "year" and the abbreviation
"A.D." are equivalent to the expression "year of our Lord".
17. Number and gender. Unless otherwise specifically
provided by law the singular includes the plural, and the plural
includes the singular. Words of one gender include the other
genders.
18. Numerals -- figures. The Roman numerals and the Arabic
figures are to be taken as parts of the English language.
19. Oath -- affirmation. The word "oath" includes
affirmation in all cases where an affirmation may be substituted for
an oath, and in like cases the word "swear" includes
"affirm".
20. Person. Unless otherwise provided by law, "person"
means individual, corporation, limited liability company, government
or governmental subdivision or agency, business trust, estate, trust,
partnership or association, or any other legal entity.
21. Personal property. The words "personal property"
include money, goods, chattels, evidences of debt, and things in
action.
21A. Persons with mental illness. The words "persons with
mental illness" include persons with psychosis, persons who are
severely depressed, and persons with any type of mental disease or
mental disorder, except that mental illness does not refer to mental
retardation as defined in section 222.2, or to insanity, diminished
responsibility, or mental incompetency as defined and used in the
Iowa criminal code or in the rules of criminal procedure, Iowa court
rules. A person who is hospitalized or detained for treatment of
mental illness shall not be deemed or presumed to be incompetent in
the absence of a finding of incompetence made pursuant to section
229.27.
22. Population. The word "population" where used in this
Code or any statute means the population shown by the latest
preceding certified federal census, unless otherwise specifically
provided.
23. "Preceding" and "following" when used by way of
reference to a chapter or other part of a statute mean the next
preceding or next following chapter or other part.
24. Property. The word "property" includes personal and
real property.
25. Quorum. A quorum of a public body is a majority of the
number of members fixed by statute.
26. Repeal -- effect of. The repeal of a statute, after it
becomes effective, does not revive a statute previously repealed, nor
affect any right which has accrued, any duty imposed, any penalty
incurred, or any proceeding commenced, under or by virtue of the
statute repealed.
27. "Rule" includes "regulation".
28. Seal. Where the seal of a court, public office, public
officer, or public or private corporation may be required to be
affixed to any paper, the word "seal" shall include an impression
upon the paper alone, or upon wax or a wafer affixed to the paper, or
an official ink stamp if a notarial seal. If the seal of a court is
required, the word "seal" may also include a visible electronic
image of the seal on an electronic document.
29. Series. If a statute refers to a series of numbers or
letters, the first and the last numbers or letters are included.
30. Shall, must, and may. Unless otherwise specifically
provided by the general assembly, whenever the following words are
used in a statute enacted after July 1, 1971, their meaning and
application shall be:
a. The word "shall" imposes a duty.
b. The word "must" states a requirement.
c. The word "may" confers a power.
31. Sheriff. The term "sheriff" may be extended to any
person performing the duties of the sheriff, either generally or in
special cases.
32. State. The word "state", when applied to the
different parts of the United States, includes the District of
Columbia and the territories, and the words "United States" may
include the said district and territories.
33. Tense. Words in the present tense include the future.
34. Time -- legal holidays. In computing time, the first day
shall be excluded and the last included, unless the last falls on
Sunday, in which case the time prescribed shall be extended so as to
include the whole of the following Monday. However, when by the
provisions of a statute or rule prescribed under authority of a
statute, the last day for the commencement of an action or
proceedings, the filing of a pleading or motion in a pending action
or proceedings, or the perfecting or filing of an appeal from the
decision or award of a court, board, commission, or official falls on
a Saturday, a Sunday, a day on which the office of the clerk of the
district court is closed in whole or in part pursuant to the
authority of the supreme court, the first day of January, the third
Monday in January, the twelfth day of February, the third Monday in
February, the last Monday in May, the fourth day of July, the first
Monday in September, the eleventh day of November, the fourth
Thursday in November, the twenty-fifth day of December, and the
following Monday when any of the foregoing named legal holidays fall
on a Sunday, and any day appointed or recommended by the governor of
Iowa or the president of the United States as a day of fasting or
thanksgiving, the time shall be extended to include the next day
which the office of the clerk of the court or the office of the
board, commission, or official is open to receive the filing of a
commencement of an action, pleading or a motion in a pending action
or proceeding, or the perfecting or filing of an appeal.
35. "United States" includes all the states.
36. The word "week" means seven consecutive days.
37. Will. The word "will" includes codicils.
38. Words and phrases. Words and phrases shall be construed
according to the context and the approved usage of the language; but
technical words and phrases, and such others as may have acquired a
peculiar and appropriate meaning in law, shall be construed according
to such meaning.
39. Written -- in writing -- signature. The words
"written" and "in writing" may include any mode of
representing words or letters in general use, and include an
electronic record as defined in section 554D.103. A signature, when
required by law, must be made by the writing or markings of the
person whose signature is required. "Signature" includes an
electronic signature as defined in section 554D.103. If a person is
unable due to a physical disability to make a written signature or
mark, that person may substitute either of the following in lieu of a
signature required by law:
a. The name of the person with a disability written by
another upon the request and in the presence of the person with a
disability.
b. A rubber stamp reproduction of the name or facsimile of
the actual signature when adopted by the person with a disability for
all purposes requiring a signature and then only when affixed by that
person or another upon request and in the presence of the person with
a disability.
40. The word "year" means twelve consecutive months. &nbsb>Section History: Early Form
[C51, § 26, 2513; R60, § 29, 4121, 4123, 4124; C73, § 45; C97, §
48; C24, 27, 31, 35, 39, § 63; C46, 50, 54, 58, 62, 66, 71, 73,
75, 77, 79, 81, § 4.1] Section History: Recent Form
83 Acts, ch 186, §10002, 10201; 87 Acts, ch 115, § 3; 92 Acts, ch
1151, § 1; 93 Acts, ch 9, §1; 95 Acts, ch 43, § 1; 96 Acts, ch 1129,
§1; 96 Acts, ch 1153, §1; 98 Acts, ch 1047, §1; 99 Acts, ch 146, §42;
2000 Acts, ch 1189, §24; 2002 Acts, ch 1119, §106; 2002 Acts, ch
1137, §1, 71; 2005 Acts, ch 3, §1; 2007 Acts, ch 33, §1; 2009 Acts,
ch 69, §1
Referred to in § 28J.1, 43.49, 50.24, 142C.2, 163.35, 203.1,
203C.1, 235B.2, 235E.1, 237.1, 256H.1, 362.2, 386.1, 446.16,
455B.482, 480.1, 481B.1, 486A.101, 490.140, 490A.102, 502A.1, 508B.5,
514.1, 514E.1, 515G.5, 523H.1, 524.103, 527.5, 533.405, 537A.10,
551A.1, 562A.8A, 562B.9A, 714.15, 714E.1, 715.3, 716A.1
Similar provision on population, § 9F.6
Definition of "special state agents", § 80.23
Transition provisions for court reorganization in chapter 602,
article 11