1.1001(1) When necessary. A bill of exceptions shall be necessary only to show material portions of the record of the cause not shown by the court files, entries, or legally certified shorthand notes of the trial, if any.
Rule 1.1001.Bill of exceptions
Division X: Proceedings After Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.1001 lets a party create a bill of exceptions to put on the record trial events that the court files, entries, or the certified shorthand transcript do not already show.
Full Text of Rule 1.1001
(2) Affidavits. Not more than five affidavits in support of any exception may be filed with the bill. Controverting affidavits, not exceeding five, may be filed within seven days thereafter. The court, for good cause shown, may extend the time for filing such affidavits.
(3) Certification; judge; bystanders. The proposed bill of exceptions shall be promptly presented to the trial judge, who shall sign it if it fairly presents the facts. If the judge refuses, and counsel so certifies, and at least two bystanders attest in writing that the exceptions are correctly stated, the bill thus certified and attested shall be filed and become part of the record.
(4) Disability. Whenever the judge or master who tried the cause is for any reason unable to sign a bill of exceptions or certify the shorthand reporter's record, the same may be done by a successor, or by any judge of the court in which the proceeding was pending.
Plain-English Summary
A bill of exceptions fills a gap, not a whole record. Rule 1.1001(1) makes one necessary only to show material portions of the record of the cause that are not already shown by the court files, entries, or legally certified shorthand notes of the trial — if the existing record already captures the point, there is nothing left for the bill to do.
The process has real limits and a fallback for disputes. No more than five affidavits may support the bill, and no more than five controverting affidavits may be filed within seven days after, though the court can extend that time for good cause. The proposed bill goes to the trial judge, who signs it if it accurately reflects the facts. If the judge refuses, and counsel certifies that refusal, and at least two bystanders attest in writing that the exceptions are correctly stated, the bill becomes part of the record anyway through that certification and attestation.
Rule 1.1001(4) covers what happens if the original judge or master cannot sign or certify the bill — a successor, or any judge of the court where the case was pending, can do it instead.
Frequently Asked Questions
When do I need to file a bill of exceptions?
Only when the material portions of the record you want reviewed are not already shown by the court's files, entries, or a legally certified shorthand transcript of the trial.
How many affidavits can support or oppose a bill of exceptions?
Up to five supporting affidavits, and up to five controverting affidavits filed within seven days after, though the court can extend that time for good cause.
What happens if the trial judge refuses to sign my proposed bill of exceptions?
If counsel certifies the refusal and at least two bystanders attest in writing that the exceptions are correctly stated, that certified and attested bill becomes part of the record instead.
Who signs a bill of exceptions if the original trial judge is no longer available?
A successor judge, or any judge of the court in which the case was pending, can sign or certify it.
What standard does the judge use in deciding whether to sign the bill?
Whether it accurately presents the facts of the record.
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
Also known as: iowa bill of exceptions ruleiowa rule 1.1001certifying bill of exceptions iowabystander affidavit bill of exceptions iowatrial record bill of exceptions iowa