IOWA COURT RULES

1 IOWACOURT RULESFOURTH EDITIONJune 2009 SupplementPublished under the authority of iowa Code section (2).KATHLEEN K. WESTADMINISTRATIVE CODE EDITORPREFACEThe Fourth Edition of the iowa COURT RULES , adopted by the supreme COURT November 9, 2001, effectiveFebruary 15, 2002, is published pursuant to iowa Code section (2). Supplements to the loose-leafcompilation will be prepared and distributed as the RULES are amended by the COURT . The date at the top of eachpage reflects the date the page was :The RULES shall be cited as follows:Chapter 1 iowa R. Civ. 2 iowa R. Crim. 5 iowa R. 6 iowa R. App. 32 iowa R. of Prof l ConductChapter 51 iowa Code of Judicial ConductAll other RULES shall be cited as iowa Ct. R. Subscriptions: The iowa COURT RULES are priced in accordance with iowa Code section Subscriptioninquiries and orders should be directed to:Attn: Nicole NavaraLegislative Services AgencyOla Babcock Miller BuildingDes Moines, iowa 50319 Telephone: (515)281-6766 Supplements: Supplements to the Fourth Edition of the iowa COURT RULES have been issued as follows.

2 March 2002 March 2005 September 2008 May 2002 July 2005 December 2008 June 2002 November 2005 April 2009 August 2002 March 2006 June 2009 December 2002 May 2006 February 2003 June 2006 March 2003 September 2006 May 2003 October 2006 July 2003 November 2006 September 2003 February 2007 November 2003 April 2007 February 2004 June 2007 May 2004 August 2007 June 2004 November 2007 August 2004 December 2007 September 2004 April 2008 October 2004 May 2008 December 2004 July 2008 July COURT RULESTABLE OF CONTENTSJuly 2008 TABLES OF CORRESPONDING RULE NUMBERSI. RULES OF PRACTICE AND PROCEDUREC hapter 1 RULES of Civil ProcedureChapter 2 RULES of Criminal ProcedureChapter 3 Standard Forms of Pleadings for Small Claims ActionsChapter 4No Contact and Protective OrdersChapter 5 RULES of EvidenceChapter 6 RULES of Appellate ProcedureChapter 7 RULES of Probate ProcedureChapter 8 RULES of Juvenile ProcedureChapter 9 Child Support GuidelinesChapter 10 Guidelines for the Forfeiture and Restoration of a Bond Posted Pursuant to iowa CodeSection (8A)

3 Chapter 11 RULES Governing Standards of Practice for Lawyer Mediators in Family DisputesChapter 12 RULES for Involuntary Hospitalization of Mentally Ill PersonsChapter 13 RULES for Involuntary Commitment or Treatment of Chronic Substance AbusersChapters 14 to 16 ReservedChapter 17 Forms for Self-Represented LitigantsChapters 18 to 20 ReservedII. JUDICIAL ADMINISTRATIONC hapter 21 Organization and procedures of Appellate CourtsChapter 22 Judicial AdministrationChapter 23 Time Standards for Case ProcessingChapter 24 ReservedChapter 25 RULES for Expanded Media CoverageChapters 26 to 30 ReservedIII. PROFESSIONAL REGULATIONC hapter 31 Admission to the BarChapter 32 iowa RULES of Professional ConductChapter 33 Standards for Professional ConductChapter 34 RULES of Procedure of the iowa Supreme COURT Attorney Disciplinary BoardChapter 35 Attorney Discipline.

4 Disability and ReinstatementChapter 36 RULES of the Grievance CommissionChapter 37 Commission on the Unauthorized Practice of LawChapter 38 RULES of Procedure of the Commission on the Unauthorized Practice of LawChapter 39 Client Security CommissionChapter 40 Regulations of the Client Security CommissionChapter 41 Continuing Legal Education for LawyersChapter 42 Regulations of the Commission on Continuing Legal EducationChapter 43 Lawyer Trust Account CommissionChapter 44 Lawyer Trust Account Commission Grant Criteria and GuidelinesChapter 45 Client Trust Account RulesChapter 46 RULES of the Board of Examiners of Shorthand ReportersChapter 47 RULES on the Qualifications, Appointment and Compensation of COURT InterpretersChapter 48 Code of Professional Conduct for Judicial Branch InterpretersChapter 49 Office of Professional RegulationChapter 50 ReservediJuly COURT RULESIV.

5 JUDICIAL QUALIFICATIONS AND CONDUCTC hapter 51 iowa Code of Judicial ConductChapter 52 RULES of Procedure of the State of iowa Commission on Judicial QualificationsJuly 2008 February 2002Ch 1, PROCEDURECHAPTER 1 RULES OF CIVIL PROCEDUREF ebruary 2002 DIVISION IOPERATION OF RULESRule ; statutes affectedRules to IIACTIONS, JOINDER OF ACTIONS AND PARTIESA. PARTIES GENERALLY; CAPACITYRule party in interestRule bondRule corporationsRule ; exceptionRule or death of a minorRule by and against stateRule personsRule of familyRule ; incompetentsRule by incompetent, prisoner , ad litemRules to SUBSTITUTION OF PARTIESRule at death; limitationRule of interestRule pending actionRule in case of guardianshipRule of minorRule ; representativesRule to substituted partyRules to JOINDER; MISJOINDER AND NONJOINDERRule joinedRule plaintiffsRule joinder of defendantsRule parties.

6 JoinderRule partly interestedRule for misjoinderRule remedies joinedRules to COUNTERCLAIMS AND CROSS-CLAIMSRule counterclaimsRule counterclaimsRule of counterclaimsRule not limitedRule against copartyRule practiceRules to 2002Ch 1, PROCEDUREF ebruary 2002E. INTERPLEADERRule of interpleaderRule defendantsRule ; dischargeRule of claimantRule or officer; creditorRules to CLASS ACTIONSRule of a class actionRule of class actionRule consideredRule on certificationRule of certification orderRule of actionRule of actionRule by or against class membersRule or compromiseRule of judgment on classRule affordedRule s feesRule for attorney s fees and expensesRule of limitationsRule representationRule s actionsRules to IIICOMMENCEMENT OF ACTIONSRule of actions; tolling; cover sheetRule notice; form, issuance and serviceRule for motion or answer to petitionRule of garnisheeRule serviceRule method of serviceRule of general assemblyRule of serviceRule of process or proof of serviceRule by publication.

7 What casesRule defendantsRule defendants, respondents, or other partiesRule publishedRule of publicationRule serviceRules to 2008Ch 1, PROCEDUREA pril 2008 DIVISION IVPLEADINGS AND MOTIONSA. PLEADINGS GENERALLYRule pleadingsRule RULES of pleadingRule for reliefRule to PLEADINGS; FORMAT AND CONTENTRule and signatureRule ; separate statementsRule abolished; affidavits; certificationRule pleadingsRule notice; statutesRule ; mitigationRule conclusions; denialsRule to be specially pleadedRule ; bill of particulars; denialRule ; how raised; consolidation; waiverRule informationRule representation pleadings and papersRules to MOTIONSRule practice; generallyRule to move; effect of overruling motionRule for more specific statementRule to strikeRule days; submission of pretrial motionsRules to TIME, FILING, AND NOTICE REQUIREMENTSRule to move or pleadRule and filing of pleadings and other papersRule ; additional time after serviceRule over.

8 Election to standRules to COURT ACTIONRule rulings requiredRule definedRule and how enteredRule determinationRule , cross-claim, counterclaim; judgmentRule to conform to the evidenceRule action; proper remedy awardedRules to 2008Ch 1, PROCEDUREA pril 2008 DIVISION VDISCOVERY AND INSPECTIONRule methodsRule materials not filedRule of discoveryRule ordersRule and timing of discoveryRule regarding discovery procedureRule conferenceRule of expertsRule to partiesRule for admissionRule of admissionRule of documents, electronically stored information, and things; entry upon land forinspection and other purposesRule for production or entry against persons not partiesRule and mental examination of personsRule of health care practitionerRule of failure to make discoveryRules to VIPRETRIAL PROCEDURERule calendarRule conferences; scheduling; managementRule conference; recordRule ordersRules to VIIDEPOSITIONS AND PERPETUATING TESTIMONYA.

9 DEPOSITIONSRule upon oral examinationRule in small claimsRule notice to parties in defaultRule of depositionsRule of taking or using depositionsRule parties; successive actionsRule for oral depositionRule of oral depositionRule and signing depositionsRule on written interrogatoriesRule to interrogatoriesRule and return; copiesRule whom takenRule rogatoryRule subpoenaRule of taking depositionRule and objectionsRules to 2006Ch 1, PROCEDUREJune 2006B. PERPETUATING TESTIMONYRule law preservedRule before actionRule of applicationRule ad litemRule allowing applicationRule and filing testimonyRule on useRule testimony pending appealRules to VIIICHANGE OF VENUERule for changeRule changeRule whole caseRule triedRule causeRule brought in wrong countyRules to IXTRIAL AND JUDGMENTA.

10 TRIALSRule and issuesRule for jury trialRule of issues; reportingRule by courtRule unnecessaryRule trial-setting conferenceRule assignmentsRule to notify courtRule for late settlement of jury trialRule for continuanceRule for continuanceRule ; ruling; costsRule trialsRule juryRule a religious dayRule incapacity; minimum number of jurorsRule ballots to boxRule after jury swornRule testimony for mistakeRule instructionsRule available to jurorsRule and deliberation of juryRule ; retrialiJune 2006Ch 1, PROCEDUREJune 2006 Rule open for verdictRule and lodgingRule verdict and answering interrogatoriesRule and entry of verdictsRule verdictsRule to masterRule hearingRule reportRule dismissalRule rule for dismissal for want of prosecutionRule dismissalRule of dismissalRule of previously dismissed actionRules to JUDGMENTS GENERALLYRule definedRule judgmentRule to some parties onlyRule on the pleadingsRule verdictRule and surety.