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Iowa Rules of Civil Procedure
Because the rules of civil procedure
may change from time to time, please
check the
Iowa Courts website for updated and complete rules of civil procedure in Iowa.
Rules of Civil Procedure in Iowa:
Rule 49. Original notice;
form, issuance and service.
A notice informing the defendant,
respondent, or other party against
whom an action has been filed shall
be served in the form and manner
provided by this rule. This notice
shall be called the original notice.
1. The original notice, directed to
the defendant, respondent, or other
party shall contain: (1) the name of
the court and the names of the
parties; (2) the name, address,
telephone number, and if available,
the facsimile transmission number of
the plaintiff's or petitioner's
attorney, if any, otherwise the
plaintiff's or petitioner's address;
(3) the date of the filing of the
petition; and (4) the time within
which these rules or statutes
require the defendant, respondent,
or other party to serve, and within
a reasonable time thereafter file, a
motion or answer. The original
notice shall also notify the
defendant, respondent or other party
to be served that in case of the
failure to do so by defendant,
respondent or other party to be
served, judgment by default may be
rendered against the defendant,
respondent or other party to be
served for the relief demanded in
the petition. The original notice
shall also include the compliance
notice required by the Americans
with Disabilities Act (ADA). A copy
of the petition shall be attached to
the original notice except when
service is by publication. If
service is by publication, the
original notice alone shall be
published and shall also contain a
general statement of the claim or
claims, and subject to the
limitation in R.C.P. 70(a), the
relief demanded.
2. If the papers are to be served by
the sheriff, sufficient copies of
the original notice, petition, and
other papers to be served together
with written directions for service
shall be delivered to the clerk.
3. The original notice shall be
signed by the clerk and be under the
seal of the court. The clerk may
require the party delivering the
original notice to the clerk to
advance reasonable costs of service.
4. The clerk shall forthwith deliver
the service copies of the original
notice, petition and other papers to
be served with written directions
for service to the sheriff, to a
person specially appointed to serve
them, or other appropriate person.
5. Original notices may be served by
any person who is neither a party
nor the attorney for a party to the
action. A party or party's agent or
attorney may take an acknowledgment
of service and deliver a copy of the
original notice in connection
therewith and may mail a copy of the
original notice when mailing is
required or permitted under any rule
or statute.
6. If service of the original notice
is not made upon the defendant,
respondent, or other party to be
served within 90 days after filing
the petition, the court, upon motion
or its own initiative after notice
to the party filing the petition,
shall dismiss the action without
prejudice as to that defendant,
respondent, or other party to be
served or direct an alternate time
or manner of service. If the party
filing the papers shows good cause
for the failure of service, the
court shall extend the time for
service for an appropriate period.
[Court Order October 31, 1997,
effective January 24, 1998]
Rule 56.1. Personal service.
Original notices are "served" by delivering a copy to the proper person. Personal service may be made as follows:
1. Upon any individual who has attained majority who has not been adjudged incompetent either by taking the individual's signed, dated acknowledgment of service endorsed on the notice; or by serving the individual personally; or by serving, at the individual's dwelling house or usual place of abode, any person residing therein who is at least 18 years old, but if such place is a rooming house, hotel, club or apartment building, the copy shall there be delivered to such a person who is either a member of the individual's family or the manager, clerk, proprietor or custodian of such place; or upon the individual's spouse at a place other than the individual's dwelling house or usual place of abode if probable cause exists to believe that the spouse lives at the individual's dwelling house or usual place of abode.
2. Upon a minor by serving the minor's conservator or guardian, unless the notice is served on behalf of such conservator or guardian, or the minor's parent, or some person aged 18 years or more who has the minor's care and custody, or with whom the minor resides, or in whose service the minor is employed. Where the notice is served on behalf of one who is the conservator or guardian and the conservator or guardian is the only person who would be available upon whom service could be made, the court shall appoint, without prior notice to the ward, a guardian ad litem who shall be served and defend for the minor.
3. Any person confined in a county care facility, or in any state hospital for the mentally ill, or any patient in the State University of Iowa hospital or its psychopathic ward, or any patient or inmate of any institution in the control of a director of a division of the department of human services or department of corrections or of the United States, may be served by the official in charge of such institution or that person's assistant. Proof of such service may be made by the certificate of such official, if the institution is in Iowa, or that person's affidavit if it is out of Iowa.
4. Any person confined in a county care facility, or in any state hospital for the mentally ill, or any patient in the State University of Iowa hospital or its psychopathic ward, or any patient or inmate of any institution in the control of a director of a division of the department of human services or department of corrections or of the United States, may be served by the official in charge of such institution or that person's assistant. Proof of such service may be made by the certificate of such official, if the institution is in Iowa, or that person's affidavit if it is out of Iowa.
5. Upon a partnership, or an association suable under a common name, or a corporation, by serving any present or acting or last known officer thereof, or any general or managing agent, or any agent or person now authorized by appointment or by law to receive service of original notice, or on the general partner of a partnership.
6. If the action, whether against an individual, corporation, partnership or other association suable under a common name, arises out of or is connected with the business of any office or agency maintained by the defendant in a county other than where the principal resides, by serving any agent or clerk employed in such office or agency.
7. Upon any city by serving its mayor or clerk.
8. Upon any county by serving its auditor or the chair of its board of supervisors.
9. Upon any school district, school township or school corporation by serving its president or secretary.
10. Upon the state, where made a party pursuant to statutory consent or authorization for suit in the manner provided by any applicable statute.
11. Upon any individual, corporation, partnership or association suable under a common name, either as provided in these rules, as provided by any consent to service or in accordance with any applicable statute.
12. Upon a governmental board, commission or agency, by serving its presiding officer, clerk or secretary.
13. If service cannot be made by any of the methods provided by this rule, any defendant may be served as provided by court order, consistent with due process of law.
[Report 1943; amendment 1945;
amended by 58GA, ch152, §201;
amended by 62GA, ch 209, §443;
amendment 1974; amendment 1975; 1986
Iowa Acts, H.F. 721, §1; Court Order
October 31, 1997, effective January
24, 1998] Referred to in R.C.P.
56.2, 59, 64, 106, 233; Ct. R.
123.5; §321.16, 331.307(4), 447.9,
555B.4, 600.11, 600A.6, 626.78,
631.4 Upon a governmental board,
commission or agency, by serving its
presiding officer, clerk or
secretary.
Rule 56.2. Alternate method of service.
A notice informing the defendant, respondent, or other party against whom an action has been filed shall be served in the form and manner provided by this rule. This notice shall be called the original notice.
Every corporation, individual, personal representative, partnership or association that shall have the necessary minimum contact with the state of Iowa shall be subject to the jurisdiction of the courts of this state, and the courts of this state shall hold such corporation, individual, personal representative, partnership or association amenable to suit in Iowa in every case not contrary to the provisions of the Constitution of the United States.
Service may be made on any such corporation, individual, personal representative, partnership or association: (a) as provided in R.C.P. 56.1 within or without the state; or (b) if such service cannot be so made, in any manner consistent with due process of law prescribed by order of the court in which the action is brought.
Nothing herein shall limit or affect the right to serve an original notice upon any corporation, individual, personal representative, partnership or association within or without this state in any manner now or hereafter permitted by statute or rule.
[Adopted effective July 1, 1975]
Referred to in R.C.P. 53; §631.4
Rule 59. Returns of service.
Signature; fees.
Iowa officers may make unsworn returns of original notices served by them, as follows: Any sheriff or deputy sheriff, as to service in their own or a contiguous county; any other peace officer, bailiff, or marshal, as to service in their own territorial jurisdiction. The court shall take judicial notice of such signatures. All other returns, except those specified in R.C.P. 56.1(d) and 56.1(e), shall be proved by the affidavit of the person making the service. If served in the state of Iowa by a person other than such peace officer acting within the territories above defined or in another state by a person other than a sheriff or other peace officer, reasonable fees or mileage, not to exceed those allowed to a sheriff under Iowa Code section 331.655, shall be taxed as costs.
Contents.
A return of personal service shall state the time, manner, and place thereof and name the person to whom copy was delivered; and if delivered under R.C.P. 56.1(a) to a person other than defendant, respondent, or other party, it must also state the facts showing compliance with said rule.
Endorsement and filing.
If a sheriff receives the notice for service, the sheriff shall note thereon the date when received, and serve it without delay in the sheriff's own or a contiguous county, and upon receiving the appropriate fees, the sheriff shall either file it and the return with the clerk, or deliver it by mail or otherwise to the person from whom the sheriff received it.
Proof of service.
The person serving the process shall make proof of service thereof to the court promptly and in any event within the time during which the person served must respond to the process. Failure to make proof of service does not affect the validity of the service.
Rule 59.1.
Amendment of process or proof of service. The court may allow any process or proof of service thereof to be amended at any time in its discretion and upon such terms as it deems just, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued. [Report 1975; Court Order October 31, 1997, effective January 24, 1998] Referred to in R.H.M.I. 9; R.C.S.A. 9
A notice informing the defendant, respondent, or other party against whom an action has been filed shall be served in the form and manner provided by this rule. This notice shall be called the original notice.
Rule 64. Actual service.
Service of original notice in or out of Iowa according to R.C.P. 56.1 supersedes the need of its publication. [Report 1943]
A notice informing the defendant, respondent, or other party against whom an action has been filed shall be served in the form and manner provided by this rule. This notice shall be called the original notice.
Rule 365. Specific provisions
Form; Issuance.
Every subpoena shall:
- state the name of the court
from which it is issued and the
title of the action, including
its docket number;
- command each person to whom
it is directed to attend and
give testimony or to produce and
permit inspection and copying of
designated books, documents or
tangible things in the
possession, custody or control
of that person, or to permit
inspection of premises, at a
time and place therein
specified. A command to produce
evidence or to permit inspection
may be joined with a command to
appear at trial, hearing or
deposition, or may be issued
separately;
- be issued by the clerk of
court as provided by these Rules
of Civil Procedure or by
statute;
- set forth the text of
subdivisions (b), (c) and (d) of
this rule.
Protection of Persons
Subject to Subpoenas.
1. A party or an attorney
responsible for the issuance and
service of a subpoena shall take
reasonable steps to avoid
imposing undue burden or expense
on a person subject to that
subpoena. The court on behalf of
which the subpoena was issued
shall enforce this duty and
impose upon the party or
attorney in breach of this duty
an appropriate sanction, which
may include, but is not limited
to, lost earnings and reasonable
attorney's fees.
2. (A) A person commanded to
produce and permit inspection
and copying of designated books,
papers, documents or tangible
things, or inspection of
premises need not appear in
person at the place of
production or inspection unless
commanded to appear for
deposition, hearing or trial.
(B) Subject to paragraph (c)(2)
of this rule, a person commanded
to produce and permit inspection
and copying may, within 14 days
after service of the subpoena or
before the time specified for
compliance, if such time is less
than 14 days after service,
serve upon the party or attorney
designated in the subpoena
written objection to inspection
or copying of any or all of the
designated materials or of the
premises. If objection is made,
the party serving the subpoena
shall not be entitled to inspect
and copy the materials or
inspect the premises except
pursuant to an order of the
court by which the subpoena was
issued. If objection has been
made, the party serving the
subpoena may, upon notice to the
person commanded to produce,
move at any time for an order to
compel the production. Such an
order to compel production shall
protect any person who is not a
party or an officer of a party
from significant expense
resulting from the inspection
and copying commanded.
3. On timely motion, the court
by which a subpoena was issued
shall quash or modify the
subpoena
- fails to allow
reasonable time for
compliance;
- requires a person who is
not a party or an officer of
a party to travel to a place
outside of the county in
which that person resides,
is employed or regularly
transacts business in
person, except that, such a
person may be ordered to
attend trial anywhere within
the state in which the
person is served with a
subpoena;
- requires disclosure of
privileged or other
protected matter and no
exception or waiver applies;
or
- subjects a person to
undue burden.
4. If a subpoena
- requires disclosure
of a trade secret or
other confidential
research, development,
or commercial
information; or
- requires disclosure
of an un-retained
expert's opinion or
information not
describing specific
events or occurrences in
dispute and resulting
from the expert's study
made not at the request
of any party, the court
may, to protect a person
subject to or affected
by the subpoena, quash
or modify the subpoena
or, if the party in
whose behalf the
subpoena is issued shows
a substantial need for
the testimony or
material that cannot
otherwise be met without
undue hardship and
assures that the person
to whom the subpoena is
addressed will be
reasonably compensated,
the court may order
appearance or production
only upon specified
conditions.
Duties in
Responding to Subpoena.
1. A person responding
to a subpoena to produce
documents shall produce
them as they are kept in
the usual course of
business or shall
organize and label them
to correspond with the
categories in the
demand.
2. When the information
subject to a subpoena is
withheld on a claim that
is privileged or subject
to protection as trial
preparation materials,
the claim shall be made
expressly and shall be
supported by a
description of the
nature of the documents,
communications, or
things not produced that
is sufficient to enable
the demanding party to
contest the claim.
Contempt.
Failure by any person
without adequate excuse
to obey a subpoena
served upon that person
may be deemed a contempt
of the court from which
the subpoena issued. An
adequate cause for
failure to obey exists
when a subpoena purports
to require a nonparty to
attend or produce at a
place not within the
limits provided by
clause (ii) of
subparagraph (b)(3)(A).
Service.
Subpoenas shall be
served as prescribed in
these rules or by
statute.
Notice.
Prior notice of any
commanded production of
documents and things or
inspection of premises
shall be served on each
party in the manner
prescribed by R.C.P. 106
(b) and in a manner
reasonably calculated to
give all parties an
opportunity to object
before the commanded
production or inspection
is to occur.
Limits.
An attorney may cause a
subpoena to be issued
only in a pending
proceeding governed by
these Rules of Civil
Procedure and in which
the attorney has
appeared.
[Adopted effective
Jan. 24, 1998.]
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