The statute of limitations is tolled for all class members upon the commencement of an action asserting a class action. The statute of limitations resumes running against a member of a class:
Rule 1.277.Statute of limitations
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.277 tolls the statute of limitations for every class member once a class action is filed, and starts the clock running again for a given member only upon that member's opt-out, removal from a certified class, a refusal to certify, or dismissal without a decision on the merits.
Full Text of Rule 1.277
1.277(1) Upon filing an election of exclusion by that member.
1.277(2) Upon entry of an order of certification, or of an amendment thereof, eliminating that member from the class.
1.277(3) Except as to representative parties, upon entry of an order under rule 1.262 refusing to certify an action as a class action.
1.277(4) Upon dismissal of the action without an adjudication on the merits.
Comment
Former Iowa R. Civ. P. 42.6 was stricken in order to eliminate its restriction on personal jurisdiction over nonresident class members, and to permit exercise of jurisdiction over nonresident class members to the extent permitted by the U.S. and state constitutions as interpreted by the courts. Former Iowa Rs. Civ. P. 42.19 and 42.20 were stricken because the Model Act has been adopted in only two states.
Plain-English Summary
Filing a class action protects absent class members from a real risk: watching the limitations period run out while the class litigation plays out over months or years without their own claim being individually filed. Rule 1.277 handles that by tolling the statute of limitations for every class member the moment a class action naming them is commenced. Nobody in the class has to file a separate lawsuit just to preserve their rights while the class case is pending.
That protection is not indefinite for everyone, though -- it ends at specific points tied to that member's own relationship to the case. The clock starts running again against a member who files an election of exclusion, who is eliminated from the class by a certification order or an amendment of one, or -- for anyone but the representative parties -- when the court refuses to certify the action as a class action under rule 1.262, or when the action is dismissed without an adjudication on the merits. In each of these situations, the member is no longer relying on the class action to protect its own claim, so the ordinary limitations period resumes.
Frequently Asked Questions
Does filing a class action stop the statute of limitations from running against every class member?
Yes. Rule 1.277 tolls the statute of limitations for all class members as of the commencement of the class action.
If I opt out of a class action, does the statute of limitations start running against me again?
Yes. Rule 1.277(1) resumes the limitations period for a member as of the date that member files an election of exclusion.
What happens to the limitations period if the court refuses to certify the class?
Rule 1.277(3) resumes the statute of limitations against class members, other than the representative parties, when the court enters an order under rule 1.262 refusing to certify the action.
If my case is dismissed without the court ruling on the merits, is my claim's deadline still tolled?
No. Rule 1.277(4) resumes the limitations period upon dismissal of the action without an adjudication on the merits.
If the court removes me from the certified class through an amended certification order, does that affect my own deadline to sue?
Yes. Rule 1.277(2) resumes the statute of limitations against a member upon entry of an order -- or an amendment of one -- that eliminates that member from the class.
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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