Motions under rules 1.1003 and 1.1004 shall be in writing; and if based on grounds stated in rule 1.1004(2), 1.1004(3), or 1.1004(7) may be sustained and controverted by affidavits and heard pursuant to rule 1.431(6).
Rule 1.1005.Motion; affidavits
Division X: Proceedings After Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.1005 requires judgment notwithstanding the verdict and new-trial motions to be in writing, and lets the misconduct, accident-or-surprise, and newly-discovered-evidence grounds be proven or opposed with affidavits, heard under Rule 1.431(6).
Full Text of Rule 1.1005
Plain-English Summary
Rule 1.1005 sets a basic form requirement across both post-verdict motion types this division covers: motions under Rules 1.1003 and 1.1004 must be in writing. It then singles out three of Rule 1.1004's grounds for special treatment — misconduct of the jury or prevailing party, accident or surprise, and newly discovered evidence — allowing them to be sustained or controverted by affidavits and heard under Rule 1.431(6).
Those three grounds share something the others do not: they depend on facts outside what already appears in the trial record, so affidavits give the parties a way to put that outside information before the court.
Frequently Asked Questions
Do judgment notwithstanding the verdict and new-trial motions have to be in writing?
Yes. Rule 1.1005 requires all motions under Rules 1.1003 and 1.1004 to be in writing.
Which new-trial grounds can be proven with affidavits?
Misconduct of the jury or prevailing party under Rule 1.1004(2), accident or surprise under Rule 1.1004(3), and newly discovered evidence under Rule 1.1004(7).
How are affidavit-supported new-trial motions heard?
Pursuant to Rule 1.431(6).
Can I use affidavits to support a claim of jury misconduct?
Yes. Rule 1.1005 specifically allows that ground to be sustained or controverted by affidavits.
Are affidavits required for every new-trial or judgment notwithstanding the verdict motion?
No, only for the specific grounds tied to facts outside the existing trial record: misconduct, accident or surprise, and newly discovered evidence.
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 new trial motion affidavitsiowa rule 1.1005written motion new trial iowanewly discovered evidence affidavit iowajury misconduct affidavit iowa