Rule 1.308.Returns of service

Rule 1.308(1) lets certain Iowa officers certify service without swearing to it: a sheriff or deputy sheriff for service in that officer's own or a contiguous county, and other peace officers, bailiffs, or marshals for service within their own territorial jurisdiction. Courts take judicial notice of those officers' signatures, so no separate proof of identity is needed. Everyone else who serves an original notice must prove it by affidavit, and if service in Iowa is made by someone other than a covered peace officer, or service out of state is made by someone other than a sheriff or peace officer, reasonable fees or mileage — capped at what a sheriff could charge — are taxed as costs.

The return of personal service itself must state the time, manner, and place of service, and name the person to whom the copy was delivered. If service went to someone other than the defendant under the substituted-service provisions of Rule 1.305(1), the return must also state the facts showing that rule's requirements were met. A sheriff who receives a notice for service must note the date received, serve it without delay within the sheriff's own or a contiguous county, and then either file the notice and return with the clerk or send it back to whoever provided it.

Proof of service must be filed with the court promptly, and in any event within the time the person served has to respond. But Rule 1.308(4) softens that requirement's bite: failure to make proof of service does not affect the validity of the service itself — the underlying service can still be good even if the paperwork proving it lags. Where service included mailing, proof of that mailing must be by affidavit, with a duplicate of the mailed papers attached and filed with the court right away.