From Casetext: Smarter Legal Research

IN RE IA RULE OF CIVIL PROC. 1.302

Supreme Court of Iowa
Nov 22, 2002
(Iowa Nov. 22, 2002)

Opinion

November 22, 2002


ORDER

TO: THE HONORABLE GENE MADDOX, CHAIR OF THE SENATE JUDICIARY COMMITTEE OF THE 2002 REGULAR SESSION OF THE SEVENTY-NINTH GENERAL ASSEMBLY OF THE STATE OF IOWA.

Pursuant to Iowa Code Sections 602.4201 and 602.4202 (2001), the Supreme Court of Iowa has approved and reports on this date to the Chair of the Senate Judiciary Committee the amendment of Iowa Rule of Civil Procedure 1.302 as shown in attached exhibit "A." This amendment shall take effect February 1, 2003.

Dated this 22nd day of November, 2002.

Respectfully submitted,

THE SUPREME COURT OF IOWA

By: /s/ Louis A. Lavorato Luis A. Lavorato, Chief Justice

ACKNOWLEDGMENT

I, the undersigned, Chair of the Senate Judiciary Committee, hereby acknowledge delivery to me on the ____ day of ______, the Report of the Supreme Court pertaining to the amendment of Iowa Rule of Civil Procedure 1.302.

_____________________________________________ Chairperson of the Senate Judiciary Committee

EXIHIBIT A Rule 1.302. 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 the following information:

a. The name of the court and the names of the parties.

b. 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.

c. The date of the filing of the petition.

d. 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 rule 1.403(1), the relief demanded.

(2) The original notice shall be signed by the clerk and be under the seal of the court.

(3) An original notice shall be served with a copy of the petition. The plaintiff is responsible for service of an orginal notice and petition within the time allowed under rule 1.302(5) and shall furnish the person effecting service with the necessary copies of the orginal notice and petition. This rule does not apply to small claims actions.

(4) 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.

(5) 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.

COMMENT: Rule 1.302 is a combination of former Iowa R. Civ. P. 49, 50 and 52 reorganized to present the information in a more logical sequence. This rule was changed to reflect the present practice. Original noticed should now include the telephone number and facsimile transmission number of the party's attorney requesting the issuance of an original notice. It also requires the original notice to have the proper ADA notice. The lanuage is changed stating a default "may be rendered" than than "will be rendered." This change reflects the actual practice and the 10-day notice before a default judgment can be entered. The rule also has a 90-day requirement for service. Ninety days was chosen in order that service would be perfected prior to the issuance of scheduling orders by most courts. The forms of the original noticed contained in the appendix are changed accordingly.


Summaries of

IN RE IA RULE OF CIVIL PROC. 1.302

Supreme Court of Iowa
Nov 22, 2002
(Iowa Nov. 22, 2002)
Case details for

IN RE IA RULE OF CIVIL PROC. 1.302

Case Details

Full title:IN THE MATTER OF THE AMENDMENT OF IOWA RULE OF CIVIL PROCEDURE 1.302

Court:Supreme Court of Iowa

Date published: Nov 22, 2002

Citations

(Iowa Nov. 22, 2002)