Where persons composing a class which may be increased by others later born, do or may make a claim affecting specific property involved in an action to which all living members of the class are parties, any others later born shall also be deemed to have been parties to the action and bound by any decree rendered therein.
Rule 1.278.Virtual representation
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.278 lets an action over specific property bind future, not-yet-born members of a class whose ranks might grow, as long as all the living members with claims to that property are already parties, treating the unborn members as if they too had been parties and bound by the decree.
Full Text of Rule 1.278
Plain-English Summary
Some classes are open-ended in a way ordinary class actions never are -- a family trust, for instance, might benefit children or grandchildren who have not yet been born. Rule 1.278 addresses what happens when a class defined this way makes, or might make, a claim to specific property already at issue in a case. As long as every living member of that class is already a party to the action, the rule treats anyone born into the class later as if they too had been a party all along, bound by whatever decree the court enters.
This is a narrow doctrine, sometimes called virtual representation, built for situations involving specific property rather than money damages generally. It lets a court resolve a dispute over that property once, without having to reopen the case every time someone new is born into the class, while still protecting future members through the presence of everyone currently alive who shares their interest.
Frequently Asked Questions
Can a court bind people who haven't even been born yet to a decree about property?
Yes, in the limited circumstances covered by rule 1.278: where a class that could later include future-born members has, or may have, a claim to specific property, and every currently living member of the class is already a party to the action.
Does Rule 1.278 apply to money damages generally, or something narrower?
It's narrower -- the rule speaks specifically to a claim affecting specific property involved in an action, not to class actions for money damages more broadly.
What has to be true before a future-born class member can be bound this way?
Rule 1.278 requires that all living members of the class already be parties to the action at the time the decree is rendered.
Is this the same as the certification and notice process in rules 1.261 through 1.267?
No. Rule 1.278 is a distinct, narrower doctrine addressing property claims and future-born class members, and does not depend on the certification and notice mechanics that govern typical class actions.
What kind of situations does this rule typically cover?
Rule 1.278 is built for cases where a class's membership can grow through future births, and a decree over specific property needs to bind those future members as well as everyone currently living in 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
Also known as: iowa virtual representation ruleiowa rule 1.278 future born class membersclass action unborn beneficiaries iowabind future class members property iowa