If the writ is issued to a magistrate, the return shall be made and signed by the magistrate whose decision is challenged, if practicable, otherwise by the clerk of that court. If issued to an officer, the officer shall make and sign the return. If issued to a board or tribunal, the return shall be made and signed by its presiding officer, clerk, or secretary.
Rule 1.1408.Return to writ, by whom
Division XIV: Certiorari · Last amended January 1, 2009 · Last verified July 15, 2026
In one sentenceRule 1.1408 requires the return to a certiorari writ to be made and signed by whichever defendant received it: the magistrate whose decision is challenged when practicable, the officer if issued to an officer, or the presiding officer, clerk, or secretary if issued to a board or tribunal.
Full Text of Rule 1.1408
Plain-English Summary
Once a certiorari writ is served, the defendant has to respond with a formal return — the certified transcript and facts the writ commands under rule 1.1404. Rule 1.1408 says who has to make and sign that return, tailored to the kind of defendant. If the writ was issued to a magistrate, the return is made and signed by the magistrate whose decision is being challenged, if that's practicable; if it isn't, the clerk of that court signs it instead.
If the writ was issued to an officer, that officer personally makes and signs the return. If it was issued to a board or tribunal, the return is made and signed by its presiding officer, clerk, or secretary. In every version, the rule ties responsibility for the return to someone positioned to know and certify what the underlying record contains, with a fallback to the clerk when the decision-maker themselves cannot do it.
Frequently Asked Questions
Who has to sign the return when a certiorari writ is issued to a magistrate?
Rule 1.1408 requires the magistrate whose decision is being challenged to make and sign the return, if practicable; if not, the clerk of that court signs it.
What if the writ is directed to an individual officer rather than a magistrate or board?
Rule 1.1408 requires the officer to make and sign the return personally.
Who signs the return if the writ goes to a board or other tribunal?
Rule 1.1408 requires the return to be made and signed by the board's or tribunal's presiding officer, clerk, or secretary.
Why does the rule allow the clerk to sign instead of the magistrate sometimes?
Rule 1.1408 builds in that fallback for situations where it isn't practicable for the magistrate personally to make the return, so the certiorari process isn't held up.
What happens if the return that comes back is incomplete or unclear?
Rule 1.1409 addresses that situation, letting the court order a further return if the one filed is defective.
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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