Rule 1.972.Procedure for entry of default

Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026

In one sentenceRule 1.972 sets out how a default is entered — the clerk enters it without a court order for the two most common defaults, but only after a written application certifying that 10 days' notice was given, and the court handles every other default itself.

Full Text of Rule 1.972

Text sizeJump to: (19721) (2) (3) (4)

1.972(1) Entry. If a party not under legal disability or not a prisoner in a reformatory or penitentiary is in default under rule 1.971(1) or 1.971(2), the clerk shall enter that party's default in accordance with the procedures set forth in this rule without any order of court. All other defaults shall be entered by the court.

(2) Application. Requests for entry of default under rule 1.972 (1) shall be by written application to the clerk of the court in which the matter is pending. No default shall be entered unless the application contains a certification that written notice of intention to file the written application for default was given after the default occurred and at least ten days prior to the filing of the written application for default. A copy of the notice shall be attached to the written application for default. If the certification is filed, the clerk on request of the adverse party must enter the default of record without any order of court.

(3) Notice.

a. To the party. A copy of the notice of intent to file written application for default shall be sent by ordinary mail to the last known address of the party claimed to be in default. No other notice to a party claimed to be in default is required.

b. Represented party. When a party claimed to be in default is known by the party requesting the entry of default to be represented by an attorney, whether or not that attorney has formally appeared, a copy of notice of intent to file written application for default shall be sent by ordinary mail to the attorney for the party claimed to be in default. This rule shall not be construed to create any obligation to undertake any affirmative effort to determine the existence or identity of counsel representing the party claimed to be in default.

c. Computation of time. The ten-day period specified in rule 1.972 (2) shall begin from the date of mailing notice, not the receipt thereof.

d. Form of notice. The notice required by rule 1.972 (2) shall be substantially as set forth in rule 1.1901, Form 10.

(4) Applicability. The notice provisions of this rule shall not apply to a default sought and entered in the following cases:

a. Any case prosecuted under small claims procedure.

b. Any forcible entry and detainer case, whether or not placed on the small claims docket.

c. Any juvenile proceeding.

d. Against any party claimed to be in default when service of the original notice on that party was by publication.

End

Plain-English Summary

Rule 1.972 splits default entries into two tracks. If a party is in default under Rule 1.971(1) — failing to answer or move — or Rule 1.971(2) — withdrawing a pleading without permission to replead — and is not under legal disability or a prisoner, the clerk enters the default without any court order, following the procedures this rule sets out. Every other default is entered by the court instead.

To use the clerk's track, the requesting party files a written application that certifies written notice of intent to seek default was given after the default occurred and at least 10 days before the application, with a copy of that notice attached. Notice goes by ordinary mail to the defaulting party's last known address, and, separately, to that party's attorney if the requesting party knows the party is represented, even informally — though the rule does not require hunting down unidentified counsel. The 10-day period runs from the date the notice was mailed, not received, and the required notice form appears as Form 10 under Rule 1.1901.

The notice requirement does not apply everywhere. Rule 1.972(4) exempts small claims cases, forcible entry and detainer cases, juvenile proceedings, and any default sought against a party who was served only by publication.

Frequently Asked Questions

Does every default require a judge's order to enter?

No. For the two most common defaults — failure to answer or move, and unauthorized withdrawal of a pleading — the clerk enters the default without a court order, based on a certified written application. Every other default requires the court.

What must I certify before the clerk will enter a default?

Rule 1.972(2) requires certifying that written notice of intent to file the application was given after the default occurred and at least 10 days before filing, with a copy of that notice attached.

How is the 10-day notice period counted?

Rule 1.972(3)(c) states that the 10 days runs from the date the notice was mailed, not the date it was received.

Do I have to notify the defaulting party's attorney too?

If you know the party is represented, even informally, yes — notice by ordinary mail must also go to that attorney, though the rule does not require you to search for unidentified counsel.

Are there cases where this notice requirement does not apply at all?

Yes — small claims cases, forcible entry and detainer cases, juvenile proceedings, and defaults against a party served only by publication.

Source & verification. Rule text and the Comment are reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the Iowa Supreme Court. Last verified July 15, 2026. · Official source

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