Serving Out-of-State Defendants & UIDDA Foreign Subpoenas in Iowa (Rule 1.1702)

Iowa has adopted the Uniform Interstate Depositions and Discovery Act (UIDDA) in Iowa Rule of Civil Procedure 1.1702 and Iowa Code § 622.84. Out-of-state attorneys can obtain an enforceable Iowa subpoena without hiring local counsel or filing a miscellaneous civil action by submitting the foreign subpoena to the Clerk of the Iowa District Court in the county where discovery is to be conducted (or having an Iowa-licensed attorney issue it directly), then serving it under Rule 1.1701.

1. How Iowa Rule of Civil Procedure 1.1702 (UIDDA) Works

When a lawsuit is pending in another state (such as Illinois, Minnesota, Nebraska, Missouri, Wisconsin, Texas, or California) and you need to subpoena documents or deposition testimony from a witness, corporation, hospital, or financial institution located in Iowa, you must domesticate the subpoena under Iowa Rule of Civil Procedure 1.1702 (Uniform Interstate Depositions and Discovery Act) and Iowa Code § 622.84.

Under Rule 1.1702(2), submitting a foreign subpoena to an Iowa District Court Clerk (or requesting issuance by an Iowa attorney) does NOT constitute an appearance in the courts of Iowa. Pro hac vice admission is required only if a party files a contested motion to enforce, quash, or modify the subpoena in the Iowa District Court under Rule 1.1702(6).

2. Two Paths to Issue a UIDDA Subpoena in Iowa

Iowa Rule 1.1702(2) provides two streamlined methods for issuing a domesticated Iowa subpoena:

• Method A — Clerk of District Court Issuance: Submit the foreign subpoena and a completed Iowa subpoena (matching the exact terms of the foreign subpoena and listing the names, addresses, email addresses, and phone numbers of all counsel of record and unrepresented parties under Rule 1.1702(3)) to the Clerk of the Iowa District Court in the county where discovery is to be conducted (for example, Polk County District Court in Des Moines for CT Corp, CSC, Principal Financial, or Wellmark; Johnson County District Court in Iowa City for UI Health Care). The Clerk assigns a foreign subpoena tracking number and issues the Iowa subpoena.

• Method B — Direct Issuance by an Iowa-Licensed Attorney: Under Rule 1.1702(2)(b), an attorney licensed to practice law in Iowa who assists with the request may directly sign and issue the domesticated Iowa subpoena as an officer of the court without waiting for clerk processing.

3. Serving the Domesticated Subpoena Under Iowa R. Civ. P. 1.1701

Under Iowa R. Civ. P. 1.1702(4), once issued, a domesticated foreign subpoena must be served in strict compliance with Iowa Rule of Civil Procedure 1.1701. That means you must:

1. Serve prior notice and a copy of any pre-trial document production subpoena on all parties to the underlying action BEFORE serving the Iowa non-party witness (Rule 1.1701(3)(a)).

2. Observe the 50-mile geographic travel limitation for non-party depositions (Rule 1.1701(4)(d)(1)(b)).

3. Tender the Iowa statutory witness fee ($10.00 full day / $5.00 half day + mileage under Iowa Code § 622.69 and § 622.74) if compelling in-person attendance.

4. Serving Out-of-State Summonses on Defendants Living in Iowa

If your lawsuit is filed in another state and you need to serve a Summons and Complaint on a defendant who resides or has a registered agent in Iowa, no UIDDA domestication is required. Under the originating state's long-arm statute and Iowa R. Civ. P. 1.302(4), our Iowa process servers personally serve your out-of-state Summons and execute the exact Proof of Service form required by your home court.

5. Courthouse Runner Support in All 99 Iowa Counties

Need our team to submit your foreign subpoena packet to the Polk County, Linn County, Scott County, or Johnson County Clerk of Court AND serve the issued subpoena the same day? Select our UIDDA clerk walk-through option or include instructions on our /order page.

6. Practical Checklist for Out-of-State Law Firms Subpoenaing Records in Iowa

Before transmitting your foreign subpoena packet to our Iowa UIDDA team, verify these five procedural points: (1) Confirm the exact Iowa county where the custodian of records or witness is located (e.g., Polk County for CT Corp, CSC, Principal Financial, Wellmark, and EMC Insurance; Black Hawk County for Northwest Registered Agent and RAI; Johnson County for UI Health Care); (2) Ensure your proposed Iowa subpoena lists the names, addresses, emails, and phone numbers of all counsel of record and unrepresented parties as required by Iowa R. Civ. P. 1.1702(3)(b); (3) Serve advance notice of any pre-trial document subpoena on all parties to your lawsuit BEFORE the subpoena is served on the Iowa witness (Rule 1.1701(3)(a)); (4) Attach a HIPAA release or protective order for medical records; and (5) Include the $10.00 + mileage witness check under Iowa Code § 622.69 if requiring live deposition testimony.

Frequently Asked Questions