IOWA RULES OF CIVIL PROCEDURE
Introduction
In the
state of Iowa, no process server license is required. Original pleadings can be served by: an individual who is not
associated with the party to the action.
A party or party's agent or attorney may take an acknowledgment of
service, and there anon, deliver a copy of the original notice in connection
therewith and may mail a copy of the original notice if mailing is required or
permitted.
Table of Contents
Original notice; form, issuance and service
Personal service
Alternate method of service
Service on Sunday
Signature; fees;
Contents
Endorsement and filing
Proof of service
Amendment of Process or Proof of Service
Actual service
Form; Issuance
Protection of Persons Subject to Subpoenas
Duties in Responding to Subpoena
Contempt
Service
Notice
Limits
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]
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.
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 57.
SERVICE
ON SUNDAY
Stricken by Report
of November 20, 1991, effective July 1, 1992.
-------------------------------------------------Rule 59.
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.
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.
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
1.
state the name of
the court from which it is issued and the title of the action, including its
docket number;
2.
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;
3.
be issued by the
clerk of court as provided by these Rules of Civil Procedure or by statute;
4.
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
a.
fails to allow
reasonable time for compliance;
b.
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;
c.
requires
disclosure of privileged or other protected matter and no exception or waiver
applies; or
d.
subjects a person
to undue burden.
4.
If a subpoena
a.
requires
disclosure of a trade secret or other confidential research, development, or
commercial information; or
b.
requires
disclosure of an unretained 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.
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.
In Iowa, lobbyists
and state officials are always active in transforming laws concerning civil
procedure. As a result, state
information offered on our website may have been amended recently. For contemporary process serving and civil
statutes, visit the official Iowa Judicial System Court website: http://www.judicial.state.ia.us
