The court may stay the original proceedings even though no stay is requested. If the court grants the plaintiff's request for a stay, the stay may be conditioned upon the plaintiff's filing of a bond with penalty and conditions, including security for costs, as prescribed by the court and with sureties approved by the court or the clerk.
Rule 1.1405.Stay, bond
Division XIV: Certiorari · Last amended January 1, 2009 · Last verified July 15, 2026
In one sentenceRule 1.1405 lets the court stay the original proceedings in a certiorari action even without a request, and lets it condition a plaintiff-requested stay on filing a bond with penalty, conditions, and security for costs, approved by the court or clerk.
Full Text of Rule 1.1405
Plain-English Summary
Filing a certiorari petition doesn't automatically freeze whatever the tribunal, board, or officer was doing below. Rule 1.1405 gives the court authority to grant a stay of the original proceedings on its own initiative — the court may stay them even though no stay is requested by either party.
When the plaintiff is the one asking for a stay, the court can attach strings to it. The rule allows the stay to be conditioned on the plaintiff filing a bond, with a penalty amount and conditions the court prescribes, including security for costs, and with sureties the court or the clerk approves. This gives the court a tool to protect the other side from harm caused by pausing the underlying proceeding while the certiorari action plays out.
Frequently Asked Questions
Does filing a certiorari petition automatically stop the tribunal's proceedings below?
No. Rule 1.1405 gives the court discretion to stay the original proceedings, but a stay is not automatic — the court may grant one even though neither party requested it, but it isn't required to.
If I ask for a stay as the plaintiff, can the court make me post a bond first?
Yes. Rule 1.1405 allows the court to condition a plaintiff-requested stay on filing a bond, with penalty and conditions the court prescribes, including security for costs, with sureties approved by the court or clerk.
Can the court grant a stay even if neither side asked for one?
Yes. Rule 1.1405 expressly states the court may stay the original proceedings even though no stay is requested.
Who approves the sureties on a bond required for a stay?
Rule 1.1405 allows either the court or the clerk to approve the sureties on the bond.
Is a bond required for every stay granted under this rule?
Rule 1.1405 ties the bond condition specifically to a stay granted on the plaintiff's request; it does not state that every stay the court grants on its own initiative requires a bond.
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 stay of proceedingscertiorari bond requirement iowarule 1.1405 iowa civil procedurestay original proceedings certiorari iowacourt stay without request iowa