A party may commence a certiorari action when authorized by statute or when the party claims an inferior tribunal, board, or officer, exercising judicial functions, or a judicial magistrate exceeded proper jurisdiction or otherwise acted illegally.
Rule 1.1401.Certiorari petition
Division XIV: Certiorari · Last amended January 1, 2009 · Last verified July 15, 2026
In one sentenceRule 1.1401 lets a party bring a certiorari action when a statute authorizes it or when the party claims an inferior tribunal, board, officer exercising judicial functions, or a judicial magistrate exceeded its jurisdiction or otherwise acted illegally.
Full Text of Rule 1.1401
Plain-English Summary
Certiorari is a distinct proceeding for reviewing whether a body exercising judicial-type power stayed within its authority. Rule 1.1401 opens Iowa's certiorari division by stating the two situations where a party may commence the action: when a statute specifically authorizes certiorari, or when the party claims that an inferior tribunal, board, or officer exercising judicial functions, or a judicial magistrate, exceeded its proper jurisdiction or otherwise acted illegally.
That second basis is the workhorse of the rule. It doesn't require a specific statute pointing to certiorari; it's available whenever the complaint is that a body with judicial-type authority went beyond what it was empowered to do, or acted in a way that was illegal rather than merely wrong on the merits. The rest of Division XIV — the petition requirements in rule 1.1402, the limited scope of relief in rule 1.1403, and the writ itself in rule 1.1404 — builds out the procedure for pursuing that claim.
Frequently Asked Questions
When can I bring a certiorari action in Iowa?
Rule 1.1401 allows it when a statute authorizes the action, or when you claim that an inferior tribunal, board, or officer exercising judicial functions, or a judicial magistrate, exceeded its proper jurisdiction or otherwise acted illegally.
Does certiorari require a specific statute authorizing it in my type of case?
Not necessarily. Rule 1.1401 provides an independent basis beyond statutory authorization — a claim that the tribunal, board, officer, or magistrate exceeded proper jurisdiction or acted illegally.
What kind of bodies can be challenged through certiorari?
Rule 1.1401 covers an inferior tribunal, board, or officer exercising judicial functions, as well as a judicial magistrate.
Is certiorari the right tool if I just disagree with how a magistrate weighed the evidence?
Rule 1.1401 frames the claim as exceeding proper jurisdiction or otherwise acting illegally, and rule 1.1403 confirms that certiorari relief is strictly limited to questions of jurisdiction or the legality of the challenged acts, not a general disagreement with the outcome.
Where do the rules for filing a certiorari petition appear?
Rule 1.1402 sets out the petition's caption, the ordinary-proceedings format, and the filing deadline that follows from the right to commence the action under rule 1.1401.
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 certiorari action rulewhen can you file certiorari iowainferior tribunal exceeded jurisdiction iowajudicial magistrate certiorari iowarule 1.1401 iowa civil procedure