After filing an affidavit that personal service cannot be had on an adverse party in Iowa, the original notice may be served by publication, in any action brought for the following:
Rule 1.310.Service by publication; what cases
Division III: Commencement of Actions · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.310 lists the specific kinds of Iowa cases — mostly disputes over real property, certain family-law matters, and claims against nonresidents — where a plaintiff who cannot get personal service in Iowa may serve the original notice by publication instead, after filing a supporting affidavit.
Full Text of Rule 1.310
(1) For recovery of real property or any estate or interest therein.
(2) For the partition of real or personal property in Iowa.
(3) To foreclose a mortgage, lien, encumbrance or charge on real or personal property.
(4) For specific performance of a contract for sale of real estate.
(5) To establish, set aside or construe a will, if defendant, respondent, or other party resides out of Iowa, or if the residence is unknown.
(6) Against a nonresident of Iowa or a foreign corporation which has property, or debts owing to it in Iowa, sought to be taken by any provisional remedy, or appropriated in any way.
(7) Against any defendant, respondent, or other party who, being a nonresident of Iowa, or a foreign corporation, has or claims any actual or contingent interest in or lien on real or personal property in Iowa which is the subject of such action, or to which it relates; or where the action seeks to exclude such defendant, respondent, or other party from any lien, interest or claim therein.
(8) Against any resident of the state who has departed therefrom, or from the county of defendant's, respondent's or other party's residence, with intent to delay or defraud creditors, or to avoid service, or a defendant, respondent or other party who keeps concealed with like intent.
(9) For dissolution of marriage or separate maintenance or to modify a decree in such action, or to annul an illegal marriage, against a party who is a nonresident of Iowa or whose residence is unknown.
(10) To quiet title to real estate, against a party who is a nonresident of Iowa, or whose residence is unknown.
(11) Against a partnership, corporation or association suable under a common name, when no person can be found on whom personal service can be made.
(12) To vacate or modify a judgment or for a new trial under rules 1.1012 and 1.1013.
Plain-English Summary
Publication is not an everyday substitute for personal service in Iowa; Rule 1.310 opens it up only after a plaintiff files an affidavit showing that personal service cannot be had on the other party within the state, and only for a defined set of case types. Property disputes make up much of the list: actions to recover real property or an interest in it, to partition real or personal property, to foreclose a mortgage or other lien, to enforce specific performance of a real estate contract, or to quiet title against a nonresident or a party whose residence is unknown.
The rule also reaches certain family-law and status matters — dissolution of marriage, separate maintenance, modifying a dissolution decree, or annulling an illegal marriage, when the other party is a nonresident or cannot be located — along with construing or setting aside a will when the party involved lives outside Iowa or cannot be found. Several provisions target nonresidents and out-of-state entities more broadly: a nonresident or foreign corporation with property or debts in Iowa reached by a provisional remedy, one claiming an interest in Iowa property that is the subject of the suit, a resident who left the state or the county to defraud creditors or dodge service, and a partnership, corporation, or association when no one can be found to accept personal service. It also covers proceedings to vacate or modify a judgment or seek a new trial under the rules governing those remedies.
Because publication reaches a defendant far less reliably than personal delivery, the rule confines it to these enumerated situations rather than leaving it available whenever personal service proves inconvenient.
Frequently Asked Questions
When can a plaintiff serve an Iowa lawsuit by publication instead of in person?
Only in the specific case types Rule 1.310 lists — largely disputes over real property, certain dissolution and will matters, and claims against nonresidents or people whose whereabouts are unknown — and only after filing an affidavit that personal service could not be had within Iowa.
Do I need to prove I tried personal service before publishing notice?
Yes. Rule 1.310 requires an affidavit stating that personal service cannot be had on the adverse party in Iowa before publication is allowed.
Does Rule 1.310 cover a dissolution of marriage case against a nonresident spouse?
Yes. It specifically covers actions for dissolution of marriage or separate maintenance, or to modify a decree in such an action, against a party who is a nonresident of Iowa or whose residence is unknown.
Can publication reach someone who left Iowa to avoid being sued?
Yes. The rule covers a resident who departed the state, or the county of residence, intending to delay or defraud creditors or avoid service, as well as someone who stays concealed with the same intent.
Can this rule let me publish notice against a corporation I can't locate?
Yes, when no person can be found on whom personal service can be made on a partnership, corporation, or association suable under a common name.
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 service by publication casespublish notice nonresident defendant iowaiowa quiet title publication serviceserve by publication real estate iowaaffidavit personal service cannot be had iowa