A district court judge may order the issuance of a writ to an inferior tribunal, board, or officer, or to a judicial magistrate. The writ shall be issued by the clerk of the court where the petition is filed, under its seal. It shall command the defendant to certify to that court, at a specified time and place, a transcript of so much of the defendant's records and proceedings as are pertinent to the petition, together with the facts of the case, described with reasonable certainty.
Rule 1.1404.The writ
Division XIV: Certiorari · Last amended January 1, 2009 · Last verified July 15, 2026
In one sentenceRule 1.1404 lets a district court judge order a certiorari writ issued under the clerk's seal, commanding the tribunal, board, officer, or magistrate to certify a transcript of the pertinent records and proceedings, along with the facts of the case, to the court by a specified time and place.
Full Text of Rule 1.1404
Plain-English Summary
Rule 1.1404 describes the writ of certiorari itself and how it gets issued. A district court judge orders the writ issued, and the clerk of the court where the petition is filed then issues it under the court's seal. This puts the decision to issue the writ with a judge, while the clerk handles the mechanical act of issuance.
The writ's content is specific: it commands the defendant — the tribunal, board, officer, or magistrate whose action is challenged — to certify to the court, at a specified time and place, a transcript of so much of the defendant's own records and proceedings as are pertinent to the petition, along with the facts of the case, described with reasonable certainty. That certified transcript and factual statement becomes the record the court reviews to decide the jurisdiction and legality questions that rule 1.1403 confines certiorari review to.
Frequently Asked Questions
Who decides whether a certiorari writ gets issued?
Rule 1.1404 provides that a district court judge orders the issuance of the writ; the clerk of the court where the petition was filed then issues it under the court's seal.
What does the writ require the tribunal or officer to do?
Rule 1.1404 requires the writ to command the defendant to certify to the court, at a specified time and place, a transcript of so much of its records and proceedings as are pertinent to the petition, together with the facts of the case, described with reasonable certainty.
Can a magistrate be the target of a certiorari writ, not just a board or tribunal?
Yes. Rule 1.1404 specifically authorizes the writ to be issued to an inferior tribunal, board, or officer, or to a judicial magistrate.
Whose seal appears on the writ?
Rule 1.1404 requires the writ to be issued by the clerk of the court under the court's own seal.
What happens to the certified transcript once it's produced?
Rules 1.1408 through 1.1410 govern how the return is made and signed and how the court handles the hearing once the return comes in, building on the transcript the writ under rule 1.1404 commands the defendant to produce.
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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