The writ shall not be denied or annulled because plaintiff has another plain, speedy or adequate remedy; but the relief by way of certiorari shall be strictly limited to questions of jurisdiction or the legality of the challenged acts, unless otherwise provided by statute.
Rule 1.1403.Other remedies
Division XIV: Certiorari · Last amended January 1, 2009 · Last verified July 15, 2026
In one sentenceRule 1.1403 keeps a certiorari writ from being denied merely because the plaintiff has another available remedy, while limiting the relief certiorari can give to questions of jurisdiction or the legality of the challenged acts unless a statute provides otherwise.
Full Text of Rule 1.1403
Plain-English Summary
A common objection to certiorari is that the plaintiff should have used some other remedy instead. Rule 1.1403 forecloses that objection directly: the writ shall not be denied or annulled because the plaintiff has another plain, speedy, or adequate remedy. Having an alternative avenue available doesn't disqualify a party from pursuing certiorari.
But the rule balances that openness with a firm limit on what certiorari can decide. Relief by way of certiorari is strictly limited to questions of jurisdiction or the legality of the challenged acts, unless a statute provides otherwise. That means certiorari isn't a general vehicle for arguing the tribunal reached the wrong result on the merits — it's confined to whether the tribunal had the power to act and whether it acted lawfully in doing so.
Frequently Asked Questions
Can my certiorari petition be denied just because I had another remedy available, like an appeal?
No. Rule 1.1403 states that the writ shall not be denied or annulled because the plaintiff has another plain, speedy, or adequate remedy.
Can I use certiorari to argue the tribunal reached the wrong factual conclusion?
Generally no. Rule 1.1403 limits certiorari relief strictly to questions of jurisdiction or the legality of the challenged acts, unless a statute provides otherwise — it isn't a tool for relitigating the merits of a factual dispute.
Does having a pending appeal available block me from filing for certiorari?
Rule 1.1403 says the existence of another plain, speedy, or adequate remedy does not itself bar the writ from being granted or sustained.
What kinds of questions can certiorari resolve?
Rule 1.1403 limits relief to questions of jurisdiction or the legality of the challenged acts, unless a statute expressly provides for broader relief.
Does rule 1.1403 ever allow broader relief than jurisdiction or legality questions?
Yes, if a statute provides otherwise. Rule 1.1403 builds in that exception to its general limitation.
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 scope of reliefcertiorari limited to jurisdiction iowaother adequate remedy certiorari iowarule 1.1403 iowa civil procedurecertiorari not for factual disputes iowa