Rule 1.1702.Uniform interstate depositions and discovery
Division XVII: Subpoenas · Last amended February 4, 2013 · Last verified July 15, 2026
Full Text of Rule 1.1702
Plain-English Summary
Rule 1.1702 lets someone litigating a case in another state reach into Iowa for discovery — deposing an Iowa witness, or getting documents or an inspection here — without filing a full Iowa lawsuit to do it. The rule defines its key terms broadly: a “foreign jurisdiction” is any state other than Iowa, a “foreign subpoena” is one issued by a court of record in that other state, and “state” itself includes the District of Columbia, Puerto Rico, the Virgin Islands, and other U.S. territories, not just the fifty states.
To put a foreign subpoena to work in Iowa, a party either requests a signed, blank Iowa subpoena from the clerk in the county where the discovery will happen, or has an Iowa-licensed attorney issue and sign the subpoena directly as an officer of the court. Neither route counts as making an appearance in Iowa's courts. Whichever path is used, the resulting Iowa subpoena must meet Rule 1.1701's general form requirements, list the Iowa court and county where discovery will proceed, include the contact information for all counsel and any self-represented party in the foreign case, and attach a copy of the original foreign subpoena. Using Form 13 or Form 15 from the Appendix of Forms satisfies these requirements as long as that attached information and the foreign subpoena copy are included.
Once issued, the Iowa subpoena is served the same way any subpoena is served under Rule 1.1701(3), and the same protections and duties that govern responding to an Iowa subpoena — objecting, seeking a protective order, producing documents, claiming privilege — apply here too. An attorney can obtain and use a subpoena under this rule without an Iowa court file ever being opened, but if a party instead goes through the clerk for a blank subpoena, or later files a motion under this rule, the clerk opens a file and collects a $50 fee. Any motion asking the court to enforce, quash, modify, or issue a protective order regarding a subpoena under this rule goes to the court in the county where the discovery is happening, and the fee for that motion is recoverable by whichever side wins it.
Frequently Asked Questions
Can I use this rule to get an Iowa subpoena for a lawsuit pending in another state?
Yes. Rule 1.1702 lets a party to a proceeding in a foreign jurisdiction obtain an Iowa subpoena for discovery to be conducted in Iowa, either through the clerk of an Iowa court or through an Iowa-licensed attorney.
Does requesting an Iowa subpoena under this rule count as appearing in an Iowa court?
No. Rule 1.1702 specifically states that obtaining and completing a subpoena under this rule does not constitute an appearance in the courts of Iowa.
What has to be attached to the Iowa subpoena issued under this rule?
A copy of the foreign subpoena must be attached, along with the names, addresses, and telephone numbers of all counsel of record and any unrepresented party in the underlying foreign proceeding.
Is there a fee for using this rule?
If action is taken through the clerk under Rule 1.1702(2)(b), or a motion is later filed under Rule 1.1702(6) without a file already open, the clerk opens a court file and collects a $50 fee. An attorney issuing a subpoena directly can do so without opening a file.
Where do I file a motion to quash or enforce a subpoena issued under this rule?
The motion goes to the court in the county where the discovery is being conducted, and it must comply with the rules or statutes of Iowa; the fee for a successful motion is recoverable against the losing party.