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How to Domesticate an Out-of-State Subpoena in Iowa Under Iowa R. Civ. P. 1.1702

Under Rule 1.1702, the Uniform Interstate Depositions and Discovery Act, a foreign subpoena is submitted in the county where discovery occurs, and the clerk signs a blank one. It requires no local attorney. Served 123 LLC handles the steps to domesticate a subpoena in Iowa.

Questions? Call (800) 321-2377

What to Send Us

  • The Out-of-State Subpoena and Its Attachments
  • The Witness’s Name and Address
  • Your Requested Deadline
  • Whether You Also Need It Served
  • The County Where Discovery Occurs
  • Names, Addresses and Phones for All CounselAdd it all under Special Instructions.

Every Iowa Order Includes

  • Document Preparation of the Iowa Subpoena
  • The Clerk Step and Final Papers Check
  • Service When Ordered and the Server’s Proof

Skip tracing is available if the address turns out to be bad.

Every Iowa County

Served 123 LLC works with the clerk of district court in each of Iowa’s 99 counties, and the clerk’s fee is in your quote. The county finder names the discovery county’s clerk, and the clerk directory gives the address.

Documents Subpoena

A documents subpoena takes the same route through the discovery county’s clerk. The person who holds the records need not appear in person unless also commanded to. The other parties get notice before it is served; tell us when it went out. Privileges and the federal privacy rule are set out below.

Iowa Subpoena Domestication Order

Our quote covers document preparation, the clerk’s fee and service if ordered.

From a Foreign Subpoena to an Iowa Witness

Rule 1.1702 borrows most of its working parts from rule 1.1701, Iowa’s general subpoena rule. These four stops take an out-of-state subpoena to a witness in any Iowa county.

  1. 1

    The Clerk or an Iowa Attorney

    The clerk in the discovery county provides a subpoena signed but otherwise blank, or a retained attorney authorized in Iowa issues and signs one; we handle the clerk step.

    Rule 1.1702(2)(a)–(b)
  2. 2

    Completed Before Service

    The blank is completed with the Iowa court, the foreign title and docket number, the command, the text of rules 1.1701(4) and (5), and all counsel and unrepresented parties; we handle this stop.

    Rules 1.1702(2)(c), 1.1701(1)
  3. 3

    Served Under Rule 1.1701(3)

    Our server, an adult who is not a party, delivers a copy to the witness anywhere in Iowa, with the tender of one day’s attendance and traveling fees if the subpoena requires attendance and the witness demands it, and we advance any tender owed on your quote.

    Rules 1.1702(3), 1.1701(3)
  4. 4

    The Server’s Proof

    Our server certifies a statement of the date and manner of service and the persons served, the proof that rule 1.1701(3)(c) and Iowa Code section 622.64 call for, and it comes back to you with the served copy.

    Rule 1.1701(3)(c); § 622.64
Map of Iowa’s 99 counties

Subpoenas Issued and Served Across Iowa

99Counties Covered
Age 18+Nonparty ServerRule 1.1701(3)(a)
50 MilesTravel LimitRule 1.1701(4)(d)(1)
Up to 14 DaysProduction ObjectionsRule 1.1701(4)(b)(2)

Iowa UIDDA: The Requirements of Iowa R. Civ. P. 1.1702

These are the words of rule 1.1702, the uniform act (UIDDA) in the Iowa Rules of Civil Procedure, on who issues the Iowa subpoena, what the completed subpoena holds, how it is served and where a motion goes.

To obtain issuance of a subpoena under this rule, a party to a proceeding in a foreign jurisdiction must either: (1) request a signed, blank subpoena from the clerk of an Iowa court in the county in which discovery is to be conducted pursuant to rule 1.1701(2); or (2) arrange for an attorney who is retained by that party and who is licensed or otherwise authorized to practice law in Iowa to issue and sign the subpoena as an officer of the court pursuant to rule 1.1701(2).

Iowa R. Civ. P. 1.1702(2)(a)

When a party submits a foreign subpoena to a clerk of court in this state, the clerk, pursuant to rule 1.1701(2), shall provide the party with a subpoena that is signed but otherwise blank.

Iowa R. Civ. P. 1.1702(2)(b)

A subpoena under this rule must: (1) Comply with rule 1.1701(1), provided, however, that for purposes of rule 1.1701(1)(a)(1), the Iowa court, in the county in which discovery is to be conducted, shall be listed as the court from which the subpoena is issued, and for purposes of rule 1.1701(1)(a)(2), the title of the action and its docket number from the foreign jurisdiction shall be used; (2) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel; and (3) Include a copy of the foreign subpoena as an attachment.

Iowa R. Civ. P. 1.1702(2)(c)

Served 123 LLC prepares each item rule 1.1702(2)(c) lists before the Iowa subpoena goes out.

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A subpoena issued under rule 1.1702(2) must be served in compliance with rule 1.1701(3).

Iowa R. Civ. P. 1.1702(3)

A motion to the court for a protective order or to enforce, quash, or modify a subpoena issued under rule 1.1702(2) must comply with the rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted.

Iowa R. Civ. P. 1.1702(6)

A Court Rule, Not a Code Chapter
Iowa’s version of the uniform interstate discovery act is a court rule, not a chapter of the Iowa Code. It sits in the Rules of Civil Procedure as rule 1.1702, headed “Uniform interstate depositions and discovery,” adopted by the Supreme Court’s report of December 6, 2012, effective February 4, 2013. The power behind it is Iowa Code section 602.4201: “The supreme court may prescribe all rules of pleading, practice, evidence, and procedure, and the forms of process, writs, and notices, for all proceedings in all courts of this state.” Rule 1.1701, the general subpoena rule it builds on, was last amended by the report of August 10, 2009, effective October 9, 2009.
Rule 1.1702; Rule 1.1701; Iowa Code § 602.4201
Which Subpoenas Qualify
Rule 1.1702(1) defines its terms: “‘Foreign subpoena’ means a subpoena issued under authority of a court of record of a foreign jurisdiction.” “‘Foreign jurisdiction’ means a state other than Iowa.” “‘State’ means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.” The Iowa subpoena that results: “‘Subpoena’ means a document, however denominated, issued under authority of a court of record of Iowa requiring a person to: (1) Attend or give testimony at a deposition; (2) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or (3) Permit inspection of premises under the control of the person.”
Rule 1.1702(1)(a), (b), (d), (e)
The Clerk Hands Back a Blank
Under rule 1.1701(2), “The clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service. A request may be made either orally or in writing.” The clerk signs; the requesting party fills in the command, the Iowa court and the foreign caption. Taking this route opens a court file in the county, and the clerk collects the fee rule 1.1702(5) sets.
Rule 1.1701(2); Rule 1.1702(5)
The Iowa Attorney Route
The second route skips the clerk. A party may “arrange for an attorney who is retained by that party and who is licensed or otherwise authorized to practice law in Iowa to issue and sign the subpoena as an officer of the court pursuant to rule 1.1701(2).” Rule 1.1702(5) adds: “An attorney may issue a subpoena without an Iowa court file being opened or a docket number assigned.”
Rule 1.1702(2)(a)(2), (5)
Contents Every Iowa Subpoena Needs
Rule 1.1701(1) applies to every subpoena. On top of the court, the title and docket number that rule 1.1702(2)(c) adjusts, it requires a command: “Command each person to whom it is directed to do the following at a specified time and place: attend and testify; produce designated documents, electronically stored information, or tangible things in that person’s possession, custody, or control; or permit the inspection of premises;”. The subpoena must also “Set out the text of rules 1.1701(4) and 1.1701(5).” Those are the protections and duties of the person served. For testimony: “A subpoena commanding attendance at a deposition must state the method for recording the testimony.”
Rule 1.1701(1)(a), (b)
The Rule’s Own Forms
Rule 1.1702(2)(d) turns to the official subpoena forms in rule 1.1901: each of the two it names “may be used and shall be sufficient under this rule, so long as the form includes the information required by rule 1.1702(2)(c), and a copy of the foreign subpoena is attached as required by rule 1.1702(2)(c)(3).” They are the “Subpoena Form to Testify at Deposition or Produce Documents” and the “Subpoena Form to Produce Documents or Permit Inspection.” The rule permits these forms; it does not require them.
Rule 1.1702(2)(d); Rule 1.1701(1)(e)
Electronic Filing in Iowa Courts
Chapter 16 governs Iowa’s Electronic Document Management System (EDMS): “All attorneys authorized to practice law in Iowa, all attorneys admitted pro hac vice, and all self-represented persons, except as this chapter provides, must register to use EDMS as provided in rule 16.304(1).” For a lawyer from another state: “Before registering to use EDMS, an out-of-state attorney must first make application for and be admitted pro hac vice pursuant to chapter 31 of the Iowa Court Rules, Admission to the Bar.” Rule 31.14(2)(a): “A court of this state may, in its discretion, admit an eligible out-of-state lawyer, who is retained to appear as attorney of record in a particular proceeding, only if the out-of-state lawyer appears with an in-state lawyer in that proceeding.” Served 123 LLC prepares the papers and handles the clerk step for the discovery county.
Iowa Ct. R. 16.302(1), 16.304(1), 31.14(2)(a)
Do You Need an Iowa Attorney?
The clerk route in rule 1.1702(2)(a)(1) names no Iowa attorney, and obtaining and completing the subpoena “does not constitute an appearance in the courts of this state.” The rule names an Iowa-eligible lawyer in two places: the attorney route above, and a motion: “An attorney who files such a motion or a resistance thereto must be eligible to appear in the courts of Iowa.”
Rule 1.1702(2)(a), (6)

Iowa Case Law on the Act

The Iowa Supreme Court decided In re Subpoenas Issued to Dethmers Manufacturing Co., No. 21-1652 (Iowa Feb. 10, 2023), after Mittapalli, a party to a suit pending in another state, served subpoenas on an Iowa company that was not a party. The court cited “Iowa R. Civ. P. 1.1702 (permitting parties to foreign proceedings to issue subpoenas in Iowa).” It reversed the district court: “We conclude that these subpoenas imposed undue burdens on Dethmers. Dethmers’s motion to quash the subpoenas should have been granted.”

The court adopted “a test that federal courts apply under Federal Rule of Civil Procedure 45, on which rule 1.1701 is modeled,” weighing six factors: the relevance of the information, the requesting party’s need for the documents, the breadth of the request, the time period it covers, how particularly it describes the documents, and the burden it imposes. It added: “This opinion does not preclude Mittapalli from issuing different subpoenas to Dethmers in the future.” No reported Iowa appellate decision has yet interpreted the clerk route of rule 1.1702(2)(b) or the file-opening provisions of rule 1.1702(5).

Official texts: Iowa Rules of Civil Procedure, chapter 1 (rules 1.1701, 1.1702 and 1.1901); Iowa Court Rules, chapter 16 (electronic filing); Iowa Code chapter 622, chapter 602 and section 228.6; Iowa Rules of Evidence, chapter 5 (rules 5.803 and 5.902); Iowa Court Rules, chapter 31 (rule 31.14); 45 C.F.R. § 164.512. General information, not legal advice. The official text controls.

Served 123 LLC prepares the Iowa subpoena under rule 1.1702 and has it served under rule 1.1701(3).

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Serving an Out-of-State Subpoena in Iowa

Rule 1.1702(3) sends service to rule 1.1701(3). These cards follow it through the Iowa Code: who serves, delivery, the tender, proof, witness fees, travel limits, notice and motions. For a summons or other court papers, see process service in Iowa.

Any Adult Who Is Not a Party

Rule 1.1702(3): “A subpoena issued under rule 1.1702(2) must be served in compliance with rule 1.1701(3).” That rule opens: “Any person who is at least 18 years old and not a party may serve a subpoena.” It names no license, no appointment and no sheriff requirement. Our server meets that test.

Rule 1.1702(3); Rule 1.1701(3)(a)

A Copy Delivered, Anywhere in Iowa

Rule 1.1701(3)(a) calls for “delivering a copy to the named person.” Under rule 1.1701(3)(b), “A subpoena may be served at any place: (1) Within the state of Iowa; (2) That the court authorizes on motion and for good cause, if a statute so provides.” The copy handed over is the Iowa subpoena with the foreign subpoena attached.

Rule 1.1701(3)(a)–(b)

Fees When the Witness Demands Them

Rule 1.1701(3)(a) on tender: “Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person’s attendance and, if demanded, tendering the fees for one day’s attendance and traveling fees to and from the court.” So no tender is owed on a subpoena that requires no attendance, or until the witness demands one. Iowa Code section 622.74: “Witnesses, except parties to the action, are entitled to receive in advance, if demanded when subpoenaed, their traveling fees to and from the court, with their fees for one day’s attendance. At the commencement of each day after the first, they are further entitled, on demand, to receive the legal fees for that day in advance. If not thus paid, they are not compelled to attend or remain as witnesses.” We advance any tender owed on your quote.

Rule 1.1701(3)(a); Iowa Code § 622.74

A Certified Statement or an Affidavit

Rule 1.1701(3)(c): “Proving service, when necessary, requires filing with the issuing court a statement showing the date and manner of service and the names of persons served. The server must certify the statement in accordance with Iowa Code section 622.1.” Section 622.64 adds: “When a subpoena is served by any person other than the sheriff or constable, proof thereof shall be shown by affidavit; but no costs for serving the same shall be allowed.” Under section 622.1, “the person may attest the matter by an unsworn written statement if that statement recites that the person certifies the matter to be true under penalty of perjury under the laws of this state, states the date of the statement’s execution and is subscribed by that person.” Our server signs that proof, and it comes back to you with the served copy.

Rule 1.1701(3)(c); Iowa Code §§ 622.1, 622.64

Witness Fees and Mileage

Section 622.69 sets one sum for “each full day’s attendance,” a smaller one “for each attendance less than a full day,” and “mileage expenses pursuant to section 602.1509 for each mile actually traveled.” Section 602.1509 limits expenses to an amount “not to exceed a maximum amount established by the supreme court.” Section 622.104 speaks to depositions and to what a subpoenaed witness is owed: “A witness appearing before an officer directed to take the witness’ deposition is entitled to the same fees and mileage as a witness in the court in which the deposition is to be used. If subpoenaed, such a witness is entitled to fees and mileage in advance, as in other cases.”

Iowa Code §§ 622.69, 602.1509, 622.104

Fifty Miles for a Nonparty

Rule 1.1701(4)(d)(1) opens “On timely motion, the issuing court must quash or modify a subpoena that:” and its second ground reads “Requires a person who is neither a party nor a party’s officer to travel more than 50 miles from where that person resides, is employed, or regularly transacts business in person, except that a person may be ordered to attend trial anywhere within the state in which the person is served with a subpoena;”. Under rule 1.1701(7), “A nonparty’s failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of rule 1.1701(4)(d)(1)2.” Served 123 LLC checks the place named in the subpoena against that limit before service.

Rule 1.1701(4)(d)(1), (7)

Before a Documents Subpoena Goes Out

“If the subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, then before it is served, a notice must be served on each party.” Rule 1.1701(4)(c) then opens the event to all sides: “Any party shall be permitted to attend at the same time and place and for the same purposes specified in the subpoena. No prior notice of intent to attend is required.” The notice to the parties goes out first; service on the records holder follows it. The rule sets no count of days for that notice. Tell us under Special Instructions when notice went out.

Rule 1.1701(3)(a), (4)(c)

The Court in the Discovery County

Rule 1.1702(6): “A motion to the court for a protective order or to enforce, quash, or modify a subpoena issued under rule 1.1702(2) must comply with the rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted. Any fee paid in connection with the filing of a motion under rule 1.1702(6) shall be recoverable by the successful party against the losing party. In addition, the provisions of rule 1.517 apply to motions brought under this rule. An attorney who files such a motion or a resistance thereto must be eligible to appear in the courts of Iowa.” Rule 1.1702(4) brings in the grounds in rule 1.1701(4)(d)(1).

Rule 1.1702(4), (6); Rule 1.1701(4)(d)(1)

Served 123 LLC handles the rule 1.1701(3) service, any tender the witness demands and the server’s proof.

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Records, Objections and Privileged Files

An Iowa production subpoena raises appearance, electronic records, written objections, copies for the other side, and medical limits.

No Personal Appearance Unless Commanded

Rule 1.1701(4)(b)(1) speaks to the holder of the records: “A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.” Rule 1.1701(5)(a)(1): “A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.” Rule 1.1701(5)(a)(2): “If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.”

Rule 1.1701(4)(b)(1), (5)(a)(1)–(2)

The Earlier of Compliance or 14 Days

Rule 1.1701(4)(b)(2): “A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises, or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served.” On an objection: “At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production or inspection.” And: “These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party’s officer from significant expense resulting from compliance.”

Rule 1.1701(4)(b)(2)

Medical and Mental Health Privilege

Section 622.10(1): “A practicing attorney, counselor, physician, surgeon, physician assistant, advanced registered nurse practitioner, mental health professional, or the stenographer or confidential clerk of any such person, who obtains information by reason of the person’s employment, or a member of the clergy shall not be allowed, in giving testimony, to disclose any confidential communication properly entrusted to the person in the person’s professional capacity, and necessary and proper to enable the person to discharge the functions of the person’s office according to the usual course of practice or discipline.” Section 228.6(4)(a): “Mental health information may be disclosed in a civil or administrative proceeding in which an individual eighteen years of age or older or an individual’s legal representative or, in the case of a deceased individual, a party claiming or defending through a beneficiary of the individual, offers the individual’s mental or emotional condition as an element of a claim or a defense.”

Iowa Code §§ 622.10(1), 228.6(4)(a)

The Condition in Issue

Section 622.10(2) lifts the privilege in two situations, waiver and a condition in issue: “The prohibition does not apply to cases where the person in whose favor the prohibition is made waives the rights conferred; nor does the prohibition apply to physicians or surgeons, physician assistants, advanced registered nurse practitioners, mental health professionals, or to the stenographer or confidential clerk of any physicians or surgeons, physician assistants, advanced registered nurse practitioners, or mental health professionals, in a civil action in which the condition of the person in whose favor the prohibition is made is an element or factor of the claim or defense of the person or of any party claiming through or under the person. The evidence is admissible upon trial of the action only as it relates to the condition alleged.” On timely motion, a subpoena that “Requires disclosure of privileged or other protected matter, if no exception or waiver applies” must be quashed or modified under rule 1.1701(4)(d)(1).

Iowa Code § 622.10(2); Rule 1.1701(4)(d)(1)

A Custodian’s Certification

Where Iowa’s rules of evidence apply, a written certification can stand in for the custodian’s live testimony. Iowa Rule of Evidence 5.902(11) accepts “The original or a copy of a domestic record that meets the requirements of rule 5.803(6)(A) to (C) as shown by a certification of the custodian or another qualified person that complies with a federal statute, a rule prescribed by the United States Supreme Court, a statute of Iowa or any other state or territory of the United States, or other Iowa Supreme Court rule.” Rule 5.803(6) asks that “The record was made at or near the time by—or from information transmitted by—someone with knowledge;” that it “was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit;” and that “Making the record was a regular practice of that activity;”. The side using those copies carries a duty of its own: “Before the trial or hearing, the proponent must give an adverse party reasonable written notice of the intent to offer the record—and must make the record and certification available for inspection—so that the party has a fair opportunity to challenge them.”

Iowa R. Evid. 5.902(11), 5.803(6)

Health Records Under 45 C.F.R. § 164.512(e)

A hospital or clinic holding the records answers to federal law as well, and it treats an order and a subpoena differently. Under 45 C.F.R. 164.512(e)(1)(i), a covered entity may disclose “In response to an order of a court or administrative tribunal, provided that the covered entity discloses only the protected health information expressly authorized by such order.” Paragraph (e)(1)(ii) covers a “subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal,” and requires one of two things: “The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iii) of this section, from the party seeking the information that reasonable efforts have been made by such party to ensure that the individual who is the subject of the protected health information that has been requested has been given notice of the request; or” “The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iv) of this section, from the party seeking the information that reasonable efforts have been made by such party to secure a qualified protective order that meets the requirements of paragraph (e)(1)(v) of this section.”

45 C.F.R. § 164.512(e)(1)(i)–(ii)

The Notice Statement

A notice assurance shows that “The party requesting such information has made a good faith attempt to provide written notice to the individual (or, if the individual’s location is unknown, to mail a notice to the individual’s last known address);” that “The notice included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court or administrative tribunal; and” and that “The time for the individual to raise objections to the court or administrative tribunal has elapsed, and:” “No objections were filed; or” “All objections filed by the individual have been resolved by the court or the administrative tribunal and the disclosures being sought are consistent with such resolution.”

45 C.F.R. § 164.512(e)(1)(iii)

The Protective Order Statement

For an order assurance under (e)(1)(iv), the statement shows that “The parties to the dispute giving rise to the request for information have agreed to a qualified protective order and have presented it to the court or administrative tribunal with jurisdiction over the dispute; or” “The party seeking the protected health information has requested a qualified protective order from such court or administrative tribunal.” Under (e)(1)(v), that order “Prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation or proceeding for which such information was requested” and “Requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation or proceeding.”

45 C.F.R. § 164.512(e)(1)(iv)–(v)

Notice or an Order the Holder Seeks

Paragraph (e)(1)(vi) gives the holder a way around those assurances: “a covered entity may disclose protected health information in response to lawful process described in paragraph (e)(1)(ii) of this section without receiving satisfactory assurance under paragraph (e)(1)(ii)(A) or (B) of this section, if the covered entity makes reasonable efforts to provide notice to the individual sufficient to meet the requirements of paragraph (e)(1)(iii) of this section or to seek a qualified protective order sufficient to meet the requirements of paragraph (e)(1)(v) of this section.”

45 C.F.R. § 164.512(e)(1)(vi)

Duplicates at Cost

What a subpoena brings in is shared on request. Rule 1.1701(6): “When a party on whose behalf a subpoena under rule 1.1701(1) has been issued thereby creates or obtains copies of designated electronically stored information, books, papers, documents or tangible things, that party shall make available a duplicate of such copies at the request of any other party, who shall be responsible for payment of the reasonable cost of making the copies.” Rule 1.1702(4) applies it to a subpoena issued on a foreign one.

Rule 1.1701(6); Rule 1.1702(4)

Served 123 LLC prepares and serves an Iowa subpoena that commands production of records.

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Common Traps in Iowa

Each of these points comes from the text of the rule.

Before service, we check the subpoena we prepare and the service plan against the rule and raise anything that needs your input. A motion comes later; we tell you which county’s court hears it.

  • The Foreign Paper Alone It was served as issued, with no Iowa subpoena from a clerk or an Iowa attorney, rule 1.1702(2)(a).
  • The Wrong Issuing Court It lists a court other than the Iowa court in the discovery county, rule 1.1702(2)(c)(1).
  • An Iowa Caption It uses a new title instead of the foreign action’s title and docket number, rule 1.1702(2)(c)(1).
  • No Counsel List It omits names, addresses and phones for counsel and unrepresented parties, rule 1.1702(2)(c)(2).
  • Nothing Attached The foreign subpoena is missing from the Iowa one, rule 1.1702(2)(c)(3).
  • Rules Left Out It does not set out the text of rules 1.1701(4) and (5), rule 1.1701(1)(a)(4).
  • No Recording Method A deposition subpoena fails to say how testimony will be recorded, rule 1.1701(1)(b).
  • No Notice First A documents subpoena went out before a notice was served on each party, rule 1.1701(3)(a).
  • Beyond 50 Miles A nonparty is summoned farther than the rule allows, rule 1.1701(4)(d)(1).
  • Too Little Time The date set allows no reasonable time to comply, rule 1.1701(4)(d)(1).
  • A Motion in the Wrong Court It was filed where the case is pending, not in the discovery county, rule 1.1702(6).

Find the Iowa Clerk of District Court

Search or pick the county where the discovery will be conducted to see which clerk’s office provides the subpoena there, then start a quote; the directory below lists all 99 counties.

All 99 Iowa CountiesThe discovery county’s clerk signs it; the clerk’s fee is in your quote.Get a Free Quote Online →
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Iowa Clerk of District Court Directory: All 99 Iowa Counties

The Iowa Judicial Branch district court pages list each office under its county.

Adair County
Adair County Clerk of District Court
400 Public Square, Suite 7
Greenfield, IA 50849
Adams County
Adams County Clerk of District Court
500 9th Street
Corning, IA 50841
Allamakee County
Allamakee County Clerk of District Court
110 Allamakee Street
Waukon, IA 52172
Appanoose County
Appanoose County Clerk of District Court
201 North 12th Street
Centerville, IA 52544
Audubon County
Audubon County Clerk of District Court
318 Leroy Street #6
Audubon, IA 50025
Benton County
Benton County Clerk of District Court
111 East 4th Street #4
Vinton, IA 52349
Black Hawk County
Black Hawk County Clerk of District Court
316 East 5th Street
Waterloo, IA 50703
Boone County
Boone County Clerk of District Court
201 State Street
Boone, IA 50036
Bremer County
Bremer County Clerk of District Court
415 East Bremer Avenue
Waverly, IA 50677
Buchanan County
Buchanan County Clerk of District Court
210 5th Avenue NE, Suite B
Independence, IA 50644
Buena Vista County
Buena Vista County Clerk of District Court
215 East 5th Street, P.O. Box 1186
Storm Lake, IA 50588
Butler County
Butler County Clerk of District Court
428 6th Street, Box 307
Allison, IA 50602
Calhoun County
Calhoun County Clerk of District Court
416 4th Street
Rockwell City, IA 50579
Carroll County
Carroll County Clerk of District Court
114 East 6th Street, Suite 5
Carroll, IA 51401
Cass County
Cass County Clerk of District Court
5 West 7th Street
Atlantic, IA 50022
Cedar County
Cedar County Clerk of District Court
400 Cedar Street, P.O. Box 111
Tipton, IA 52772
Cerro Gordo County
Cerro Gordo County Clerk of District Court
220 North Washington
Mason City, IA 50401
Cherokee County
Cherokee County Clerk of District Court
520 West Main Street
Cherokee, IA 51012
Chickasaw County
Chickasaw County Clerk of District Court
8 East Prospect
New Hampton, IA 50659
Clarke County
Clarke County Clerk of District Court
100 South Main
Osceola, IA 50213
Clay County
Clay County Clerk of District Court
215 West 4th Street
Spencer, IA 51301
Clayton County
Clayton County Clerk of District Court
111 High Street NE, Suite 203
Elkader, IA 52043
Clinton County
Clinton County Clerk of District Court
612 North 2nd Street, P.O. Box 2957
Clinton, IA 52732
Crawford County
Crawford County Clerk of District Court
1202 Broadway, Suite 1P
Denison, IA 51442
Dallas County
Dallas County Clerk of District Court
801 Court Street
Adel, IA 50003
Davis County
Davis County Clerk of District Court
100 Courthouse Square
Bloomfield, IA 52537
Decatur County
Decatur County Clerk of District Court
207 North Main Street
Leon, IA 50144
Delaware County
Delaware County Clerk of District Court
301 East Main Street
Manchester, IA 52057
Des Moines County
Des Moines County Clerk of District Court
513 North Main Street, P.O. Box 158
Burlington, IA 52601
Dickinson County
Dickinson County Clerk of District Court
1802 Hill Avenue, #2506
Spirit Lake, IA 51360
Dubuque County
Dubuque County Clerk of District Court
720 Central Avenue
Dubuque, IA 52001
Emmet County
Emmet County Clerk of District Court
609 1st Avenue North
Estherville, IA 51334
Fayette County
Fayette County Clerk of District Court
114 North Vine Street, Suite 200
West Union, IA 52175
Floyd County
Floyd County Clerk of District Court
101 South Main Street, Suite 403
Charles City, IA 50616
Franklin County
Franklin County Clerk of District Court
12 1st Avenue NW, Suite 203
Hampton, IA 50441
Fremont County
Fremont County Clerk of District Court
P.O. Box 549
Sidney, IA 51652
Greene County
Greene County Clerk of District Court
114 North Chestnut
Jefferson, IA 50129
Grundy County
Grundy County Clerk of District Court
706 G Avenue
Grundy Center, IA 50638
Guthrie County
Guthrie County Clerk of District Court
200 North 5th Street
Guthrie Center, IA 50115
Hamilton County
Hamilton County Clerk of District Court
2300 Superior Street, Suite 9
Webster City, IA 50595
Hancock County
Hancock County Clerk of District Court
855 State Street, P.O. Box 70
Garner, IA 50438
Hardin County
Hardin County Clerk of District Court
1215 Edgington Avenue, Suite 7
Eldora, IA 50627
Harrison County
Harrison County Clerk of District Court
111 North 2nd Avenue
Logan, IA 51546
Henry County
Henry County Clerk of District Court
100 East Washington, Suite 300
Mt. Pleasant, IA 52641
Howard County
Howard County Clerk of District Court
137 North Elm Street
Cresco, IA 52136
Humboldt County
Humboldt County Clerk of District Court
P.O. Box 100
Dakota City, IA 50529
Ida County
Ida County Clerk of District Court
401 Moorehead Street
Ida Grove, IA 51445
Iowa County
Iowa County Clerk of District Court
901 Court Avenue, P.O. Box 266
Marengo, IA 52301
Jackson County
Jackson County Clerk of District Court
201 West Platt Street
Maquoketa, IA 52060
Jasper County
Jasper County Clerk of District Court
101 1st Street North, Room 104
Newton, IA 50208
Jefferson County
Jefferson County Clerk of District Court
51 East Briggs, Suite 5
Fairfield, IA 52556
Johnson County
Johnson County Clerk of District Court
417 South Clinton Street
Iowa City, IA 52240
Jones County
Jones County Clerk of District Court
500 West Main Street
Anamosa, IA 52205
Keokuk County
Keokuk County Clerk of District Court
101 South Main Street
Sigourney, IA 52591
Kossuth County
Kossuth County Clerk of District Court
114 West State Street
Algona, IA 50511
Lee County
Lee North
701 Avenue F
Fort Madison, IA 52627
Lee South
25 North 7th Street, Suite 301
Keokuk, IA 52632
Linn County
Linn County Clerk of District Court
51 Third Avenue Bridge
Cedar Rapids, IA 52401
Louisa County
Louisa County Clerk of District Court
P.O. Box 268
Wapello, IA 52653
Lucas County
Lucas County Clerk of District Court
916 Braden Avenue
Chariton, IA 50049
Lyon County
Lyon County Clerk of District Court
206 South Second Avenue
Rock Rapids, IA 51246
Madison County
Madison County Clerk of District Court
P.O. Box 152
Winterset, IA 50273
Mahaska County
Mahaska County Clerk of District Court
106 South 1st Street
Oskaloosa, IA 52577
Marion County
Marion County Clerk of District Court
214 East Main
Knoxville, IA 50138
Marshall County
Marshall County Clerk of District Court
17 East Main Street
Marshalltown, IA 50158
Mills County
Mills County Clerk of District Court
418 Sharp Street
Glenwood, IA 51534
Mitchell County
Mitchell County Clerk of District Court
212 South 5th Street
Osage, IA 50461
Monona County
Monona County Clerk of District Court
610 Iowa Avenue
Onawa, IA 51040
Monroe County
Monroe County Clerk of District Court
10 Benton Avenue East
Albia, IA 52531
Montgomery County
Montgomery County Clerk of District Court
105 Coolbaugh Street, P.O. Box 469
Red Oak, IA 51566
Muscatine County
Muscatine County Clerk of District Court
401 East 3rd Street
Muscatine, IA 52761
O’Brien County
O’Brien County Clerk of District Court
155 South Hayes Avenue
Primghar, IA 51245
Osceola County
Osceola County Clerk of District Court
300 7th Street
Sibley, IA 51249
Page County
Page County Clerk of District Court
112 East Main Street, P.O. Box 263
Clarinda, IA 51632
Palo Alto County
Palo Alto County Clerk of District Court
1010 Broadway
Emmetsburg, IA 50536
Plymouth County
Plymouth County Clerk of District Court
215 4th Avenue SE
LeMars, IA 51031
Pocahontas County
Pocahontas County Clerk of District Court
99 Court Square
Pocahontas, IA 50574
Polk County
Polk County Clerk of District Court
500 Mulberry Street, Room 212
Des Moines, IA 50309
Pottawattamie County
Pottawattamie County Clerk of District Court
227 South 6th Street, P.O. Box 476
Council Bluffs, IA 51502
Poweshiek County
Poweshiek County Clerk of District Court
302 East Main Street, P.O. Box 218
Montezuma, IA 50171
Ringgold County
Ringgold County Clerk of District Court
109 West Madison, Suite 203
Mount Ayr, IA 50854
Sac County
Sac County Clerk of District Court
100 NW State Street, Suite 12
Sac City, IA 50583
Scott County
Scott County Clerk of District Court
400 West 4th Street
Davenport, IA 52801
Shelby County
Shelby County Clerk of District Court
612 Court Street
Harlan, IA 51537
Sioux County
Sioux County Clerk of District Court
210 Central Avenue SW
Orange City, IA 51041
Story County
Story County Clerk of District Court
1315 South B Avenue
Nevada, IA 50201
Tama County
Tama County Clerk of District Court
100 West High Street
Toledo, IA 52342
Taylor County
Taylor County Clerk of District Court
403 Jefferson Street, Suite 4
Bedford, IA 50833
Union County
Union County Clerk of District Court
300 North Pine, Suite 6
Creston, IA 50801
Van Buren County
Van Buren County Clerk of District Court
Fourth & Dodge
Keosauqua, IA 52565
Wapello County
Wapello County Clerk of District Court
101 West 4th Street
Ottumwa, IA 52501
Warren County
Warren County Clerk of District Court
115 North Howard Street, Suite 100
Indianola, IA 50125
Washington County
Washington County Clerk of District Court
224 West Main Street
Washington, IA 52353
Wayne County
Wayne County Clerk of District Court
100 North Lafayette Street
Corydon, IA 50060
Webster County
Webster County Clerk of District Court
701 Central Avenue
Fort Dodge, IA 50501
Winnebago County
Winnebago County Clerk of District Court
126 South Clark, Suite 1
Forest City, IA 50436
Winneshiek County
Winneshiek County Clerk of District Court
201 West Main Street
Decorah, IA 52101
Woodbury County
Woodbury County Clerk of District Court
620 Douglas Street, Room 101
Sioux City, IA 51101
Worth County
Worth County Clerk of District Court
1000 Central Avenue
Northwood, IA 50459
Wright County
Wright County Clerk of District Court
115 North Main Street, P.O. Box 306
Clarion, IA 50525

Iowa and Neighboring States

How Illinois, Minnesota, Missouri, Nebraska, South Dakota and Wisconsin treat a foreign subpoena beside Iowa’s rule 1.1702: the governing law, whether it requires a local attorney and who issues the subpoena, each from that state’s own text. “No” is Iowa’s rule text alone; “Check” means confirm that state’s filing rules for an out-of-state requester.

StateAct AdoptedLocal Attorney Required by the ActWho Issues
IowaIowa R. Civ. P. 1.1702 (eff. Feb. 4, 2013)NoCounty clerk (signed blank) or an Iowa attorney
Illinois735 ILCS 35 (P.A. 99-79)CheckClerk of court, discovery county
MinnesotaMinn. R. Civ. P. 45.06 (eff. July 1, 2015)CheckCourt administrator, discovery county, or a Minnesota attorney
MissouriMo. Sup. Ct. R. 57.08 (no uniform act)CheckCircuit court order on ex parte application
NebraskaNeb. Ct. R. § 6-330(A) (eff. Feb. 16, 2021)CheckClerk of district court, discovery county
South DakotaSDCL 15-6-28.1 to 15-6-28.6 (eff. July 1, 2012)CheckClerk of court, discovery county
WisconsinWis. Stat. § 887.24 (eff. Jan. 1, 2016)CheckClerk of circuit court, discovery county, or a Wisconsin attorney
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Iowa Subpoena Domestication FAQs

Each answer cites the Iowa rule, Code section or official source it rests on. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.

Filing

Does a subpoena domestication in Iowa need an Iowa lawyer?

Not to obtain one. The party makes the request under rule 1.1702(2)(a), as the rule section quotes, and getting the subpoena and filling it in does not count as appearing in an Iowa court. An attorney who issues one must meet the condition that section quotes, and one who files a rule 1.1702(6) motion must be eligible to appear in Iowa courts.

How does a lawyer from another state get onto Iowa’s EDMS?

One case at a time, beside an Iowa lawyer. Admission under chapter 31 has to be in place before EDMS registration, and rule 16.304 leaves that application to the in-state attorney in the proceeding. Rule 16.302(1) reaches Iowa attorneys and self-represented persons as well, subject to chapter 16’s exceptions. That is a lawyer’s own step; our order covers the papers and the clerk step. The filing card quotes each rule.

Is Iowa’s UIDDA a statute?

No. It is a court rule, as the rule section explains, and its history line lists one report, dated December 6, 2012. Rule 1.1701, which it works through, dates from a 1997 report, amended in 2001, 2008 and 2009. Iowa Code section 602.4201 lets the Supreme Court prescribe the rules of procedure.

What are the two ways to get an Iowa subpoena on a foreign subpoena?

Rule 1.1702(2)(a) offers two routes, and the rule section quotes both in full: a blank subpoena signed by the clerk of the discovery county, or one issued by an attorney the party retains, on the conditions quoted there. The route shows where each one fits.

Which Iowa county clerk handles a Des Moines deposition?

Usually Polk, though the slice of Des Moines inside Warren County goes to Warren. Rule 1.1702(2)(a)(1) looks to where the deposition or production happens, not where a party lives or the case is pending, so a deposition in Cedar Rapids goes to Linn County and one in Davenport to Scott County. The county finder covers all 99 counties and every city in them.

Does the clerk complete the subpoena?

No. Under rule 1.1702(2)(b) the clerk provides “a subpoena that is signed but otherwise blank,” and rule 1.1701(2) says the party “must complete it before service.” On your order, we prepare each item rule 1.1702(2)(c) requires. The route shows each step.

Does Iowa require a particular subpoena form?

No. Under rule 1.1702(2)(d) the official forms are enough but not required; see the rule section. What counts is content. A subpoena for a deposition must state the method for recording the testimony, under rule 1.1701(1), and every Iowa subpoena on a foreign one carries the foreign subpoena as an attachment, whichever form is used.

Is an Iowa court file opened for a foreign subpoena?

Only when the clerk is asked for the subpoena, or later on a rule 1.1702(6) motion if none exists. Under rule 1.1702(5), a lawyer who issues it needs no file or docket number at all. Asking the clerk for a blank subpoena is what triggers a file and its fee. The rule section has the text.

Service

Must an Iowa sheriff serve the subpoena?

No. Rule 1.1701(3)(a) leaves service to any adult who is not a party, and rule 1.1702(3) carries that rule over to a subpoena issued on a foreign one. No license or sheriff is needed, so a private process server qualifies. Ours meets the rule; the service section sets it out.

Does service have to happen in the county whose clerk signed it?

No. The clerk’s county decides where the subpoena issues, not where it is served. Rule 1.1701(3)(b) reaches anywhere in the state, so a witness who lives or works in another county can be handed it there. Any other place needs a court order for good cause, and only where a statute allows one. See where and how it is served.

Is the foreign subpoena itself served on the Iowa witness?

Not on its own. The Iowa subpoena is what gets served, and rule 1.1702(2)(c)(3) requires it to “Include a copy of the foreign subpoena as an attachment.” Serving the out-of-state paper without an Iowa subpoena from the clerk or an Iowa attorney leaves the witness with nothing issued under Iowa authority. The rule section lists what the subpoena must contain.

Who signs the proof of service on an Iowa subpoena?

The server. Rule 1.1701(3)(c) has the server certify in the form Iowa Code section 622.1 sets, and when necessary that statement is filed with the issuing court. Section 622.64 adds its own form for a private server, an affidavit, and allows that server no costs. Our server signs it; the proof card quotes both.

Do the other parties get notice before a records subpoena is served?

Yes, and the order matters. Under rule 1.1701(3)(a), for records, things or premises sought before trial, each party is told first, and only then does the holder get served. Under rule 1.1701(4)(c), every party may also show up for the production on the date set, with no word ahead of time needed. The notice card has the text.

Witness & Objections

Do witness fees have to be paid when the subpoena is served?

Only on the witness’s demand. No money has to go with the subpoena unless it requires attendance and the witness asks, under rule 1.1701(3)(a). Iowa Code section 622.74 adds the consequence: a nonparty who asks in advance and goes unpaid is not compelled to attend. See the tender card for what we advance.

Which Iowa Code sections set a witness’s fees and mileage?

A daily attendance sum plus mileage comes from Iowa Code section 622.69, and section 602.1509 ties the expense to a ceiling set by the Supreme Court. Section 622.104 looks to the court in which a deposition is to be used and covers payment in advance if the witness is subpoenaed; the witness fees section quotes it.

What is the 50-mile rule for Iowa nonparty witnesses?

It is a ground for a timely motion to quash or modify, not an automatic cap, and it covers anyone who is not a party or a party’s officer. The line runs 50 miles from home, work or regular in-person business, under rule 1.1701(4)(d)(1). Rule 1.1701(7) excuses a nonparty who does not obey a subpoena set past that line. The travel card has the text and the trial exception.

Which Iowa court rules on a motion to quash under rule 1.1702?

An Iowa court, and the county matters. Under rule 1.1702(6), whether the ask is to enforce, quash, modify or protect, it goes to the county of the discovery under Iowa’s own rules or statutes, even when the lawsuit itself sits in another state. The motions card has the text.

Must an Iowa records custodian appear in person?

No, unless the subpoena also commands appearance at a deposition, hearing or trial, under rule 1.1701(4)(b)(1). The responder produces documents as they are kept in the ordinary course of business, or organizes and labels them to match the categories in the demand. The records card quotes both duties.

Can an overbroad subpoena be quashed in Iowa?

Yes. Rule 1.1701(4)(a) tells whoever issues and serves a subpoena to take reasonable steps against undue burden or expense, and undue burden is itself a ground to quash or modify. In 2023 the Iowa Supreme Court ordered subpoenas issued for an out-of-state suit quashed on that ground, weighing six factors the rule section lists.

Cost & Timing

When is a written objection to producing Iowa records too late?

When the first of two dates arrives. Rule 1.1701(4)(b)(2) requires service before the time set for compliance or 14 days after service, whichever comes first. After a timely objection, the serving party’s remedy is a motion to compel in the issuing court, on notice to the person commanded. The objections card quotes the rule.

What does an Iowa subpoena domestication cost?

Served 123 LLC prices the whole job in a single written quote: papers, the clerk’s charge and any service you order. Rule 1.1702(5) puts a file-opening fee on the clerk route, while an attorney-issued subpoena opens no file unless a motion follows. Any witness money depends on the subpoena and on a demand; we advance any tender owed on your quote, as the tender card explains.

Is there a minimum notice period for an Iowa subpoena?

No. Rule 1.1701 sets no fixed number of days; it asks for a reasonable time to comply, and a subpoena that allows less can be quashed on timely motion under rule 1.1701(4)(d)(1). For records, the 14-day objection window also runs from service. Leave room for both when you pick the date. See the Too Little Time trap.

Who recovers the motion fee if a subpoena is challenged?

The side that wins. Whichever party brought the motion, rule 1.1702(6) shifts its filing fee onto the party that loses. Rule 1.517, on failing to make disclosures or discovery, applies to these motions too. The wording sits in the motions card, with the rest of the subsection.

Does Iowa set a deadline for the clerk to issue the subpoena?

Not in rule 1.1701(2), which sets no count of days for the clerk. We start the papers once your quote is paid and arrange service when you order it. Give your date in the Requested Deadline field so we can plan around it. The rule section quotes it, and the route shows each stop along the way.

Domesticate Your Subpoena in Iowa

One written quote covers document preparation, the clerk’s fee and service, when you order service.

Questions? Call (800) 321-2377

Nearby States: Illinois · Minnesota · Missouri