1.269(1) Discovery may be used only on order of the court against a member of the class who is not a representative party or who has not appeared. In deciding whether discovery should be allowed the court shall consider, among other relevant factors, the timing of the request, the subject matter to be covered, whether representatives of the class are seeking discovery on the subject to be covered, and whether the discovery will result in annoyance, oppression, or undue burden or expense for the member of the class.
Rule 1.269.Discovery by or against class members
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.269 requires a court order before discovery can reach a class member who is not a representative party and hasn't appeared, weighing timing, subject matter, and the burden it would impose, while ordinary discovery rules apply to representative parties and anyone who has appeared.
Full Text of Rule 1.269
1.269(2) Discovery by or against representative parties or those appearing is governed by the rules dealing with discovery by or against a party to a civil action.
Plain-English Summary
Class members who are along for the ride rather than actively litigating shouldn't automatically face the same discovery burden as a party who chose to sue or defend. Rule 1.269 protects them: discovery directed at a class member who is neither a representative party nor someone who has appeared in the case requires a court order first. In deciding whether to allow it, the court weighs the timing of the request, the subject matter involved, whether the class representatives are already seeking discovery on the same subject, and whether the discovery would cause annoyance, oppression, or undue burden or expense for that class member.
Representative parties and anyone else who has appeared do not get this extra layer of protection -- discovery by or against them runs under the ordinary rules that govern discovery between parties to a civil action generally. The distinction tracks who is steering the litigation: those directing the case face full discovery, while passive class members are shielded unless the court decides discovery against them is warranted.
Frequently Asked Questions
Can the opposing side take discovery directly from an absent class member?
Only with a court order. Rule 1.269(1) requires an order before discovery is used against a class member who is not a representative party or who has not appeared in the action.
What does the court consider in deciding whether to allow discovery against a class member?
Rule 1.269(1) lists the timing of the request, the subject matter to be covered, whether the class representatives are already seeking discovery on that subject, and whether the discovery would cause annoyance, oppression, or undue burden or expense.
Do representative parties get this same protection from discovery?
No. Rule 1.269(2) subjects discovery by or against representative parties, or anyone who has appeared, to the ordinary rules governing discovery between parties in a civil action.
Why would a court refuse to allow discovery against a passive class member?
If the discovery would be duplicative of what the class representatives are already producing, or would impose undue burden or expense on someone not actively litigating, rule 1.269(1) gives the court grounds to deny it.
If I appear individually in a class action even though I'm not a named representative, does that change my discovery obligations?
Yes. Rule 1.269 conditions the extra protection on not having appeared; once you appear, discovery against you follows the standard civil discovery rules rather than requiring a separate court order.
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 class action discovery rulediscovery against absent class members iowaiowa rule 1.269 court order discoveryclass representative discovery obligations iowa