Rule 1.442.Service and filing of pleadings and other papers
Division IV: Pleadings and Motions · Last amended January 11, 2010 · Last verified July 15, 2026
Full Text of Rule 1.442
Comment
Rule 1.442(2) authorizes service by facsimile transmission and deletes archaic and unnecessary language regarding service by delivery to a clerk or person in charge of an office which is not closed. Rule 1.442(7) clarifies that all documents served or filed shall include a certificate of service, that proofs of service shall not be filed
regarding documents that are not to be filed, and it sets forth the requirements of a certificate of service and prohibits the filing of other proofs of service unless ordered by the Court.
Plain-English Summary
Rule 1.442(1) casts a wide net over what must be served: nearly everything required to be filed under these rules, every court-ordered service of an order, every pleading after the original petition, every discovery paper, every written motion (even one that can be heard ex parte), and every notice, appearance, demand, or offer of judgment must be served on each party. A defaulted party generally doesn't need to be served, except with pleadings that assert new or additional claims against it, which must be served the way an original notice would be. In actions begun by seizing property with no named defendant, pre-answer service goes to whoever had custody of the property when it was seized.
Rule 1.442(2) covers how service is made: on a represented party's attorney unless the court orders service on the party directly, with an attorney who made a limited appearance only bound to accept service tied to the specific proceeding for which they appeared. Service happens by delivering, mailing, or faxing a copy to the attorney's or party's last known address, or by leaving it with the clerk if no address is known; delivery means handing it over, leaving it at the office, or, if the office is closed or there is none, leaving it at the dwelling with someone of suitable age and discretion. Mail service is complete the moment it's mailed. Email service is also allowed, but only if the person being served has consented in writing to that method and specified the email address, and that consent can be withdrawn; service by email is complete upon transmission, unless the sender learns the attempt didn't reach the recipient.
The remaining subrules round out the mechanics. Rule 1.442(3) lets a court, in cases with unusually large numbers of defendants, excuse the defendants from serving each other and treat their cross-claims and defenses as denied by all other parties. Rule 1.442(4) generally requires papers to be filed before service or within a reasonable time afterward, tolling filing deadlines while service is being completed, so long as the actual filing follows within a reasonable time. Rule 1.442(6) requires the clerk to mail notice of every order or judgment's entry to each appearing party, though lack of that notice doesn't extend an appeal deadline. And Rule 1.442(7) requires a certificate of service on every paper — identifying the document, the date, the manner of service, and the names and addresses of everyone served — with no action taken on a filing until that certificate is on file.
Frequently Asked Questions
Who has to be served when I file a motion in an Iowa civil case?
Every party to the action, generally through their attorney if they're represented. A defaulted party doesn't need to be served, except with pleadings asserting new or additional claims against it.
Can I serve the other side's lawyer by email?
Yes, but only if the attorney has consented in writing to be served that way and has specified the email address to use. That consent can later be withdrawn by written notice.
When is service by mail considered complete?
Immediately upon mailing, under Rule 1.442(2).
What happens if I serve a paper but don't file it right away?
Rule 1.442(4) generally requires filing before service or within a reasonable time afterward, and it tolls any filing deadline while service is being made, provided the actual filing follows within a reasonable time.
What must a certificate of service include?
Under Rule 1.442(7), it must identify the document served, the date, the manner of service, and the names and addresses of the people served, and it must be signed by the person who made service.