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Rule 1.305.Personal service

Division III: Commencement of Actions · Last amended August 30, 2023 · Last verified July 15, 2026

In one sentenceRule 1.305 lists the specific ways Iowa permits personal service of an original notice, covering competent adults, minors, people under guardianship, institutionalized persons, partnerships and corporations, cities, counties, school districts, the state, and government agencies, with a catch-all for court-ordered service consistent with due process.

Full Text of Rule 1.305

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Original notices are "served" by delivering a copy to the proper person. Personal service may be made as follows:
(1) Upon any individual who has attained majority and who has not been adjudged incompetent, either by taking the individual's signed, dated acknowledgment of service endorsed on the notice, or by serving the individual personally; or by serving, at the individual's dwelling house or usual place of abode, any person residing therein who is at least 18 years old, but if such place is a rooming house, hotel, club or apartment building, a copy may be delivered to such person who resides with the individual or is either a member of the individual's family or the manager or proprietor of such place; or upon the individual's spouse at a place other than the individual's dwelling house or usual place of abode if probable cause exists to believe that the spouse lives at the individual's dwelling house or usual place of abode.
(2) Upon a minor by serving the minor's conservator or guardian, unless the notice is served on behalf of such conservator or guardian, or the minor's parent, or some person aged 18 years or more who has the minor's care and custody, or with whom the minor resides, or in whose service the minor is employed. Where the notice is served on behalf of one who is the conservator or guardian and the conservator or guardian is the only person who would be available upon whom service could be made, the court shall appoint, without prior notice to the ward, a guardian ad litem who shall be served and defend for the minor.
(3) Upon any person adjudged incompetent but not confined in a state hospital for the mentally ill, by serving the conservator or guardian, unless the notice is served on behalf of such conservator or guardian, or that person's spouse, or some person aged 18 years or more who has that person's care and custody, or with whom that person resides. When the notice is served on behalf of one who is the conservator or guardian and the conservator or guardian is the only person who would be available upon whom service could be made, the court shall appoint without prior notice to the ward a guardian ad litem who shall be served and defend for the incompetent person.
(4) Any person confined in a county care facility, or in any state hospital for the mentally ill, or any patient in the State University of Iowa hospital or its psychopathic ward, or any patient or inmate of any institution in the control of a director of a division of the department of health and human services or department of corrections or of the United States, may be served by the official in charge of such institution or that official's assistant. Proof of such service may be made by the certificate of such official, if the institution is in Iowa, or that official's affidavit if it is out of Iowa.
(5) If any defendant, respondent, or other party is a patient in any state or federal hospital for the mentally ill, in or out of Iowa, or has been adjudged incompetent and is confined to a county care facility, the official in charge of such institution or the official's assistant shall accept service on the party's behalf, if in the official's or assistant's opinion direct service on the party would cause injury, which shall be stated in the acceptance.
(6) Upon a partnership, or an association suable under a common name, or a corporation, by serving any present or acting or last known officer thereof, or any general or managing agent, or any agent or person now authorized by appointment or by law to receive service of original notice, or on the general partner of a partnership.
(7) If the action, whether against an individual, corporation, partnership or other association suable under a common name, arises out of or is connected with the business of any office or agency maintained by the defendant in a county other than where the principal resides, by serving any agent or clerk employed in such office or agency.
(8) Upon any city by serving its mayor or clerk.
(9) Upon any county by serving its auditor or the chair of its board of supervisors.
(10) Upon any school district, school township or school corporation by serving its president or secretary.
(11) Upon the state, where made a party pursuant to statutory consent or authorization for suit in the manner provided by any applicable statute.
(12) Upon any individual, corporation, partnership or association suable under a common name, either as provided in these rules, as provided by any consent to service or in accordance with any applicable statute.
(13) Upon a governmental board, commission or agency, by serving its presiding officer, clerk or secretary.
(14) If service cannot be made by any of the methods provided by this rule, any defendant may be served as provided by court order, consistent with due process of law.

Plain-English Summary

Rule 1.305 opens by defining service itself: an original notice is served by delivering a copy to the proper person, and personal service can happen in several distinct ways depending on who is being served. For a competent adult, service works by taking a signed, dated acknowledgment of service, by personal delivery, by leaving a copy at the person's dwelling with a resident who is at least 18, or — where a rooming house, hotel, club, or apartment building is involved — with the manager, proprietor, or a family member who lives there. A spouse can be served at a different location if there is probable cause to believe the spouse lives at the same dwelling.

Minors and people adjudged incompetent are served through their conservator or guardian, a parent, or someone at least 18 who has care and custody of them or with whom they live. If the only available person is the same conservator or guardian on whose behalf the notice is served, the court appoints a guardian ad litem, without prior notice to the ward, who is served and defends in the ward's place. People confined in a county care facility, a state hospital, or another institution can be served through the official in charge of that institution, and where direct service on someone confined for mental illness would cause injury, that official can accept service on the person's behalf instead.

Entities have their own methods: a partnership or corporation through any current or recent officer, a general or managing agent, an authorized agent, or a general partner; a business conducted through a branch office through an agent or clerk employed there; a city through its mayor or clerk; a county through its auditor or the chair of its board of supervisors; a school district through its president or secretary; the state through whatever statute authorizes the suit; and a governmental board, commission, or agency through its presiding officer, clerk, or secretary. If none of these methods work, Rule 1.305(14) lets a court order any manner of service consistent with due process.

Frequently Asked Questions

How can an individual be personally served with an original notice in Iowa?

By taking the person's signed, dated acknowledgment of service, by delivering the notice to the person directly, or by leaving a copy at the person's dwelling house with a resident at least 18 years old, subject to special provisions for rooming houses, hotels, clubs, and apartment buildings.

Can someone else at my house accept service on my behalf?

Yes, if that person resides there and is at least 18 years old. In a rooming house, hotel, club, or apartment building, a family member who resides with you or the manager or proprietor can also accept it.

How is a minor served with an original notice?

Through the minor's conservator or guardian, a parent, or an adult who has the minor's care and custody or with whom the minor resides — unless the notice is served on behalf of that same conservator or guardian, in which case the court appoints a guardian ad litem to be served and to defend for the minor.

How is a corporation or partnership served under Rule 1.305?

By serving any current or recently acting officer, a general or managing agent, an agent authorized by appointment or law to receive service, or a general partner of the entity.

What happens if none of the listed service methods reach a defendant?

Rule 1.305(14) allows any defendant to be served in whatever manner the court orders, so long as that manner is consistent with due process of law.

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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