The court may issue the writ without notice upon the filing of the petition, or it may fix a time and place for hearing and prescribe reasonable notice to the defendant. If the petition is filed before a final order or decree in the original proceeding or if the plaintiff seeks a stay, the court shall fix a time and place for hearing and prescribe reasonable notice to the defendant before issuing the writ. Any hearing shall be confined to the sufficiency of the petition, what records or proceedings shall be certified, and the terms of any bond to be given.
Rule 1.1406.Notice of issuing writ
Division XIV: Certiorari · Last amended January 1, 2009 · Last verified July 15, 2026
In one sentenceRule 1.1406 lets the court issue a certiorari writ without notice, but requires a noticed hearing before issuing the writ whenever the petition is filed before a final ruling below or the plaintiff seeks a stay, with any such hearing confined to the petition's sufficiency, what records must be certified, and bond terms.
Full Text of Rule 1.1406
Plain-English Summary
Rule 1.1406 gives the court two paths for issuing the writ, depending on the situation. Ordinarily, the court may issue the writ without notice upon the filing of the petition, or it may instead fix a time and place for hearing and prescribe reasonable notice to the defendant before deciding whether to issue it. That default choice is left to the court's judgment.
That choice narrows in two specific situations. If the petition is filed before a final order or decree in the original proceeding, or if the plaintiff is seeking a stay, the court must fix a time and place for hearing and prescribe reasonable notice to the defendant before issuing the writ — the no-notice option is off the table. Either way, when a hearing does happen under this rule, it stays narrow: it's confined to the sufficiency of the petition, what records or proceedings must be certified, and the terms of any bond to be given, rather than reaching the merits of the underlying certiorari claim.
Frequently Asked Questions
Can the court issue a certiorari writ without giving the defendant notice first?
Sometimes. Rule 1.1406 lets the court issue the writ without notice upon the filing of the petition, but it must instead fix a hearing with reasonable notice when the petition is filed before a final order or decree below, or when the plaintiff seeks a stay.
If I file my certiorari petition before the tribunal has issued its final decision, does that change the process?
Yes. Rule 1.1406 requires the court to fix a time and place for hearing and prescribe reasonable notice to the defendant before issuing the writ in that situation, rather than issuing it without notice.
What does the court decide at a hearing held under this rule?
Rule 1.1406 confines any such hearing to the sufficiency of the petition, what records or proceedings shall be certified, and the terms of any bond to be given.
Does requesting a stay force a noticed hearing before the writ issues?
Yes. Rule 1.1406 requires a hearing with reasonable notice to the defendant before issuing the writ whenever the plaintiff seeks a stay.
Can the court decide the merits of my certiorari claim at this early hearing?
No. Rule 1.1406 limits the hearing to the petition's sufficiency, the scope of records to be certified, and bond terms, not the underlying jurisdiction or legality questions the case will ultimately resolve.
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 writ without noticenotice of issuing writ iowacertiorari hearing scope iowarule 1.1406 iowa civil procedurecertiorari before final order iowa