A notice to the defendant, respondent, or other party against whom an action has been filed shall be served in the form and manner provided by this rule. This notice shall be called the original notice.
Rule 1.302.Original notice; form, issuance and service
Division III: Commencement of Actions · Last amended February 1, 2003 · Last verified July 15, 2026
In one sentenceRule 1.302 sets what Iowa's original notice — the document formally telling a defendant about a lawsuit — must say, requires it to be signed and sealed by the clerk, and requires it to be served within 90 days of filing or the action faces dismissal without prejudice.
Full Text of Rule 1.302
(1) The original notice shall contain the following information:
a. The name of the court and the names of the parties.
b. The name, address, telephone number, and if available, the facsimile transmission number of the plaintiff's or petitioner's attorney, if any, otherwise the plaintiff's or petitioner's address.
c. The date of the filing of the petition.
d. The time within which these rules or statutes require the defendant, respondent, or other party to serve, and within a reasonable time thereafter file, a motion or answer. The original notice shall also state that if the defendant, respondent or other party fails to move or answer, judgment by default may be rendered for the relief demanded in the petition. The original notice shall also include the compliance notice required by the Americans with Disabilities Act (ADA). A copy of the petition shall be attached to the original notice except when service is by publication. If service is by publication, the original notice alone shall be published and shall also contain a general statement of the claim or claims and, subject to the limitation in rule 1.403 (1), the relief demanded.
(2) The original notice shall be signed by the clerk and be under the seal of the court.
(3) An original notice shall be served with a copy of the petition. The plaintiff is responsible for service of an original notice and petition within the time allowed under rule 1.302 (5) and shall furnish the person effecting service with the necessary copies of the original notice and petition. This rule does not apply to small claims actions.
(4) Original notices may be served by any person who is neither a party nor the attorney for a party to the action. A party or party's agent or attorney may take an acknowledgment of service and deliver a copy of the original notice in connection therewith and may mail a copy of the original notice when mailing is required or permitted under any rule or statute.
(5) If service of the original notice is not made upon the defendant, respondent, or other party to be served within 90 days after filing the petition, the court, upon motion or its own initiative after notice to the party filing the petition, shall dismiss the action without prejudice as to that defendant, respondent, or other party to be served or direct an alternate time or manner of service. If the party filing the papers shows good cause for the failure of service, the court shall extend the time for service for an appropriate period.
Comment
Rule 1.302 is a combination of former Iowa Rs. Civ. P. 49, 50 and 52 reorganized to present the information in a more logical sequence. This rule was changed to reflect the present practice. Original notices should now include the telephone number and facsimile transmission number of the party's attorney requesting the issuance of an original notice. It also requires the original notice to have the proper ADA notice. The language is changed stating a default "may be rendered" rather than "will be rendered." This change reflects the actual practice and the 10-day notice before a default judgment can be entered. The rule also has a 90-day requirement for service. Ninety days was chosen in order that service would be perfected prior to the issuance of scheduling orders by most courts. The forms of the original notices contained in the appendix are changed accordingly.
Plain-English Summary
Iowa calls its version of a summons the original notice, and Rule 1.302 spells out exactly what it must contain: the court and parties' names, the plaintiff's attorney's contact information (or the plaintiff's own, if unrepresented), the date the petition was filed, and the deadline for the defendant to respond. It must also warn that a default judgment can follow if the defendant fails to move or answer, and it must include the notice required by the Americans with Disabilities Act. Except when service is by publication, a copy of the petition must be attached to the notice; when publication is used, the notice itself has to summarize the claim and the relief sought, since no petition gets published alongside it. The clerk signs the notice and places the court's seal on it.
Serving the original notice is the plaintiff's job. The plaintiff must supply whoever serves it with the copies needed, and Rule 1.302(5) sets a hard deadline: if the defendant is not served within 90 days after the petition is filed, the court — on motion or on its own initiative, after notifying the plaintiff — must dismiss the action without prejudice as to that defendant, or direct an alternate time or manner of service. A dismissal without prejudice sounds forgiving, but if the limitations period has since expired, refiling may no longer be possible in practice, which makes the 90-day window worth tracking closely.
The official comment to this rule explains its origins: it combines three older rules into one, and it updated practice by adding the attorney's telephone and fax numbers, adding the ADA notice requirement, and changing the old language that a default “will be rendered” to the current “may be rendered” — reflecting that a defaulting party still gets ten days' notice before default is entered. The 90-day service deadline was chosen so that service would typically be completed before a court issues its scheduling orders.
Frequently Asked Questions
What information does an Iowa original notice have to include?
Rule 1.302(1) requires the court's and parties' names, the attorney's or plaintiff's contact information, the date the petition was filed, the deadline to respond, a warning that default judgment may follow if the defendant fails to move or answer, and the ADA compliance notice. A copy of the petition must be attached unless service is by publication.
Who signs the original notice?
The clerk of court signs it and places the court's seal on it, under Rule 1.302(2).
How long does a plaintiff have to serve the original notice after filing the petition?
90 days. Rule 1.302(5) requires service within 90 days after the petition is filed.
What happens if the 90-day service deadline is missed?
The court, either on a party's motion or on its own initiative after notifying the plaintiff, must dismiss the action without prejudice as to the defendant who was not served, or instead direct an alternate time or manner of service.
Does the petition always have to be attached to the original notice?
Yes, except when service is by publication. In that situation, the published notice alone must contain a general statement of the claim and the relief sought, since the petition itself is not published.
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 original notice requirementsiowa summons contents90 day service deadline iowaiowa ada notice original noticeoriginal notice signed by clerk iowa