The order for substitution shall fix the time for the substituted party to appear, and the notice to be given. In case of substitution of a legal representative of a deceased party, notice shall be given in the same manner as an original notice.
Rule 1.227.Notice to substituted party
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.227 requires the order allowing substitution of a party to set both the time for the substituted party to appear and the notice to be given, and requires that a substituted deceased party's legal representative receive notice in the same manner as an original notice.
Full Text of Rule 1.227
Plain-English Summary
Substituting a new party into a pending case is not just a matter of naming them; Rule 1.227 requires the court's order allowing substitution to fix two things: the time within which the substituted party must appear, and the notice that must be given to bring them into the case properly.
The rule sets a heightened standard for one specific situation. When the substitution involves bringing in the legal representative of a deceased party, notice must be given in the same manner as an original notice — the same formal process used to start a lawsuit against a new defendant in the first place, rather than a lesser form of notice.
Frequently Asked Questions
What must a court's order allowing substitution of a party include?
Rule 1.227 requires the order to fix the time for the substituted party to appear and to specify the notice to be given.
How must notice be given when substituting the legal representative of a deceased party?
Rule 1.227 requires that notice be given in the same manner as an original notice — the formal process used to notify a new party at the start of a case.
Is the notice requirement different for other kinds of substitution besides a deceased party's representative?
The rule requires the order to fix the notice to be given generally, while singling out the deceased-party's-representative situation for the original-notice standard specifically, suggesting other substitutions may follow whatever notice the order specifies.
Who sets the deadline for a substituted party to make their first appearance?
The court, through the order allowing substitution, which Rule 1.227 requires to fix that appearance time.
Why does substituting a deceased party's legal representative require the same notice as an original notice?
Because that substitution effectively brings a new party into the case for the first time, the rule treats the notice requirement the same as it would for commencing an action against that 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 notice requirement substituted partysubstitution order appearance deadline iowanotice to a newly substituted party iowaoriginal notice deceased party representative iowa