Rule 1.1702.Uniform interstate depositions and discovery
Division XVII: Subpoenas · Last amended February 4, 2013 · Last verified July 15, 2026
In one sentenceRule 1.1702 implements Iowa's version of the Uniform Interstate Depositions and Discovery Act, letting a party to an out-of-state case obtain an Iowa subpoena for discovery here — through an Iowa clerk of court or an Iowa-licensed attorney — without that request counting as an appearance in Iowa courts.
a."Foreign jurisdiction" means a state other than Iowa.
b."Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.
c."Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
d."State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
e."Subpoena" means a document, however denominated, issued under authority of a court of record of Iowa requiring a person to:
(1)Attend or give testimony at a deposition;
(2)Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
(3)Permit inspection of premises under the control of the person.
a.To obtain issuance of a subpoena under this rule, a party to a proceeding in a foreign jurisdiction must either:
(1)request a signed, blank subpoena from the clerk of an Iowa court in the county in which discovery is to be conducted pursuant to rule 1.1701 (2); or
(2)arrange for an attorney who is retained by that party and who is licensed or otherwise authorized to practice law in Iowa to issue and sign the subpoena as an officer of the court pursuant to rule 1.1701 (2). Obtaining and completing a subpoena under rule 1.1702 does not constitute an appearance in the courts of this state.
b.When a party submits a foreign subpoena to a clerk of court in this state, the clerk, pursuant to rule 1.1701 (2), shall provide the party with a subpoena that is signed but otherwise blank.
c.A subpoena under this rule must:
(1)Comply with rule 1.1701 (1), provided, however, that for purposes of rule 1.1701 (1)(a)(1), the Iowa court, in the county in which discovery is to be conducted, shall be listed as the court from which the subpoena is issued, and for purposes of rule 1.1701 (1)(a)(2), the title of the action and its docket number from the foreign jurisdiction shall be used;
(2)Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel; and
(3)Include a copy of the foreign subpoena as an attachment.
d.Form 13 or Form 15 of rule 1.1901 may be used and shall be sufficient under this rule, so long as the form includes the information required by rule 1.1702 (2)(c), and a copy of the foreign subpoena is attached as required by rule 1.1702 (2)(c)(3).
(3)Service of subpoena. A subpoena issued under rule 1.1702 (2) must be served in compliance with rule 1.1701 (3).
(4)Deposition, production, and inspection. Rule 1.1701 (4)-(7) applies to subpoenas issued under rule 1.1702 (2).
(5)Court file and docket number. An attorney may issue a subpoena without an Iowa court file being opened or a docket number assigned. If action is taken pursuant to rule 1.1702 (2)(b), the clerk shall open a court file and collect a $ 50 fee. If action is taken pursuant to rule 1.1702 (6) and a file has not previously been opened, the clerk shall open a file and collect a $ 50 fee.
(6)Motion to court. A motion to the court for a protective order or to enforce, quash, or modify a subpoena issued under rule 1.1702 (2) must comply with the rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted. Any fee paid in connection with the filing of a motion under rule 1.1702 (6) shall be recoverable by the successful party against the losing party. In addition, the provisions of rule 1.517 apply to motions brought under this rule. An attorney who files such a motion or a resistance thereto must be eligible to appear in the courts of Iowa.
Plain-English Summary
Rule 1.1702 lets someone litigating a case in another state reach into Iowa for discovery — deposing an Iowa witness, or getting documents or an inspection here — without filing a full Iowa lawsuit to do it. The rule defines its key terms broadly: a “foreign jurisdiction” is any state other than Iowa, a “foreign subpoena” is one issued by a court of record in that other state, and “state” itself includes the District of Columbia, Puerto Rico, the Virgin Islands, and other U.S. territories, not just the fifty states.
To put a foreign subpoena to work in Iowa, a party either requests a signed, blank Iowa subpoena from the clerk in the county where the discovery will happen, or has an Iowa-licensed attorney issue and sign the subpoena directly as an officer of the court. Neither route counts as making an appearance in Iowa's courts. Whichever path is used, the resulting Iowa subpoena must meet Rule 1.1701's general form requirements, list the Iowa court and county where discovery will proceed, include the contact information for all counsel and any self-represented party in the foreign case, and attach a copy of the original foreign subpoena. Using Form 13 or Form 15 from the Appendix of Forms satisfies these requirements as long as that attached information and the foreign subpoena copy are included.
Once issued, the Iowa subpoena is served the same way any subpoena is served under Rule 1.1701(3), and the same protections and duties that govern responding to an Iowa subpoena — objecting, seeking a protective order, producing documents, claiming privilege — apply here too. An attorney can obtain and use a subpoena under this rule without an Iowa court file ever being opened, but if a party instead goes through the clerk for a blank subpoena, or later files a motion under this rule, the clerk opens a file and collects a $50 fee. Any motion asking the court to enforce, quash, modify, or issue a protective order regarding a subpoena under this rule goes to the court in the county where the discovery is happening, and the fee for that motion is recoverable by whichever side wins it.
Frequently Asked Questions
Can I use this rule to get an Iowa subpoena for a lawsuit pending in another state?
Yes. Rule 1.1702 lets a party to a proceeding in a foreign jurisdiction obtain an Iowa subpoena for discovery to be conducted in Iowa, either through the clerk of an Iowa court or through an Iowa-licensed attorney.
Does requesting an Iowa subpoena under this rule count as appearing in an Iowa court?
No. Rule 1.1702 specifically states that obtaining and completing a subpoena under this rule does not constitute an appearance in the courts of Iowa.
What has to be attached to the Iowa subpoena issued under this rule?
A copy of the foreign subpoena must be attached, along with the names, addresses, and telephone numbers of all counsel of record and any unrepresented party in the underlying foreign proceeding.
Is there a fee for using this rule?
If action is taken through the clerk under Rule 1.1702(2)(b), or a motion is later filed under Rule 1.1702(6) without a file already open, the clerk opens a court file and collects a $50 fee. An attorney issuing a subpoena directly can do so without opening a file.
Where do I file a motion to quash or enforce a subpoena issued under this rule?
The motion goes to the court in the county where the discovery is being conducted, and it must comply with the rules or statutes of Iowa; the fee for a successful motion is recoverable against the losing party.
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 uniform interstate depositions discovery actout of state subpoena iowaforeign subpoena iowa ruleiowa discovery for out of state lawsuit