Subpoena Service & Witness Fee Calculation Rules in Iowa (Rule 1.1701 & § 622.69)

In Iowa civil litigation, subpoenas are governed by Iowa Rule of Civil Procedure 1.1701. Under Iowa Code § 622.69 and § 622.74, a non-party witness subpoenaed to attend a trial or deposition is entitled to $10.00 for each full day's attendance ($5.00 for less than a full day) plus round-trip mileage at the Iowa Judicial Branch state rate (Iowa Code § 602.1509), which must be paid in advance if demanded at the time of service.

1. Issuing and Serving a Civil Subpoena Under Iowa R. Civ. P. 1.1701

Under Iowa Rule of Civil Procedure 1.1701(2), a subpoena may be issued by the clerk of court, or by an attorney licensed to practice law in Iowa as an officer of the court in any action pending in an Iowa District Court. Under Rule 1.1701(3)(a), any person who is at least 18 years old and not a party may serve a subpoena.

Service of a subpoena under Iowa R. Civ. P. 1.1701(3)(a) is made by delivering a copy of the subpoena to the named person. In addition, if the subpoena commands the production of documents, electronically stored information (ESI), or tangible things—or the inspection of premises—before trial, then BEFORE it is served on the witness, a notice and a copy of the subpoena must be served on each party to the lawsuit pursuant to Rule 1.1701(3)(a)!

2. Exact Iowa Statutory Witness Fees & Mileage (Iowa Code § 622.69 & § 622.74)

Calculating witness fees accurately in Iowa requires applying three linked statutes in Chapter 622 of the Iowa Code:

• Daily Attendance Fee (Iowa Code § 622.69): A lay witness in any court of record (except in a police or municipal proceeding) is entitled to receive $10.00 for each full day's attendance, and $5.00 for each attendance less than a full day.

• Mileage Reimbursement (Iowa Code § 622.69 & § 602.1509): In addition to the $10.00 or $5.00 attendance fee, the witness is entitled to mileage for each mile actually traveled between their residence and the place of testimony, calculated at the rate established by the Iowa Supreme Court for judicial officers and court employees under Iowa Code § 602.1509 (traditionally $0.39 to $0.50+ per mile as adjusted by Supreme Court Supervisory Order).

• Advance Payment Rule (Iowa Code § 622.74): Under Iowa Code § 622.74, witnesses (except parties to the action) are entitled to receive in advance, if demanded when served with the subpoena, their traveling fees to and from the court together with their fees for one day's attendance ($10.00 + round-trip mileage). At the commencement of each subsequent day, they are entitled to demand that day's fee in advance. If the witness demands their statutory fee and mileage when our process server hands them the subpoena and no fee is tendered, the witness cannot be held in contempt for failing to appear! For that reason, experienced Iowa litigators always attach a witness fee and mileage check directly to any testimony subpoena.

3. The 50-Mile Geographic Limit for Non-Party Depositions & Trials

Attorneys accustomed to the 100-mile rule in Federal Court (FRCP Rule 45) must beware of a crucial Iowa distinction: under Iowa Code § 622.66 and Iowa R. Civ. P. 1.1701(4)(d)(1)(b), a non-party witness in an Iowa state civil case generally cannot be compelled to travel more than 50 miles (or outside the county where they reside or are served, unless within 50 miles or by special court order with prepaid expenses under § 622.67) to attend a deposition or trial!

If your witness lives in Sioux City (Woodbury County) and your lawsuit is pending in Des Moines (Polk County), you should set the deposition location within 50 miles of the witness's residence in Woodbury County (or via remote video conference) unless you obtain a specific court order under Iowa Code § 622.67.

4. Expert Witness Compensation Under Iowa Code § 622.72

Under Iowa Code § 622.72, witnesses called to testify only to an opinion founded on special study or experience in any branch of science, or to make scientific or professional examinations and state the result thereof, shall receive additional compensation, to be fixed by the court, with reference to the value of the time employed and the degree of learning or skill required, not to exceed the statutory cap ($150 per day as taxed costs under § 622.72, or reasonable discovery fees under Iowa R. Civ. P. 1.508(3)).

5. Serving Medical Records Subpoenas on Iowa Hospitals

When serving a subpoena duces tecum for medical and billing records on major Iowa health systems—such as University of Iowa Hospitals & Clinics (UI Health Care) in Iowa City, MercyOne Des Moines Medical Center, or UnityPoint Health (Iowa Methodist Medical Center)—always include a HIPAA-compliant patient authorization or a protective order/satisfactory assurance notice under 45 C.F.R. § 164.512(e), and allow at least 14 days for compliance under Rule 1.1701(4)(b)(2) to avoid routine written objections.

Frequently Asked Questions