Rule 1.431.Motion practice; generally

Division IV: Pleadings and Motions · Last amended April 17, 2017 · Last verified July 15, 2026

In one sentenceRule 1.431 lays out the basic mechanics of filing and resolving a motion in Iowa civil practice: captioning, briefing deadlines, a 10-day window to resist, a 7-day window to reply, telephone hearings, a 30-day deadline for the court to rule, and the motion calendar every clerk's office must keep.

Full Text of Rule 1.431

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1.431(1) A motion is an application made by any party or interested person for an order related to the action. It is not a "pleading" but is subject to the certification requirements of rule 1.413(1).

(2) Each motion filed shall be captioned and signed in accordance with rule 1.411 and shall set out the specific points upon which it is based.

(3) A concise memorandum brief citing supporting authorities may be served in accordance with rule 1.442 (4).

(4) Unless otherwise ordered by the court or provided by rule or statute, each party opposing the motion shall file within ten days after a copy of the motion has been served a written resistance to the motion. A concise brief citing supporting authorities may be served in accordance with rule 1.442 (4).

(5) Within seven days after service of the resistance or before any hearing on the motion, whichever is earlier, the movant may file a reply and serve a concise reply brief in accordance with rule 1.442 (4) to assert newly decided authority or to respond to new and unanticipated matters. The reply brief should not reargue points made in the opening brief.

(6) Evidence to sustain or resist a motion may be made by affidavit or in any other form to which the parties agree or the court directs. The court may require any affiant to appear for cross-examination.

(7) The trial court shall rule on all motions within 30 days after their submission, unless it extends the time for reasons stated of record.

(8) The clerk of each court shall maintain a motion calendar on which every motion filed shall be entered. It shall be arranged to show the following:

a. Docket, page and cause number of action in which filed.

b. Abbreviated title of the case with surname of the first-named party on each side.

c. Counsel of record for parties.

d. Denomination of the motion.

e. Date filed.

f. Party by whom filed.

g. Date entered on calendar.

h. Date of disposition by ruling, order or otherwise. Separate motion calendars for law, equity or other divisions may be maintained.

(9) The court may deem a motion under these rules submitted without hearing or may schedule a hearing, either in person or by telephone conference call, on the motion. The court shall, upon agreement of the parties, direct that the hearing be held by telephone conference call unless a party notifies the court that oral testimony will be offered. If the hearing is held by telephone conference call, the call shall be arranged and paid for by the party making the motion, unless the parties agree otherwise.

(10) Hearings on temporary orders pursuant to Iowa Code sections 598.10 and 600B.40A, whether testimony is taken or not, shall occur in the presence of the parties who have appeared for the hearing. If the court conducts the hearing by telephone or video conference, the parties are entitled to be present for the hearing by the same means the court uses to conduct the hearing.

End

Comment

Rule 1.431 is a consolidation of former Iowa Rs. Civ. P. 109, 116, 117(c), 117(e), 117(f), and portions of 117(a), all of which pertained to motions, filing of motions, evidence to sustain or resist them, placing them on the motion calendar, and the time within which they should be ruled upon.

Amendment History

[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002; January 7, 2010, effective March 8, 2010; March 9, 2010, effective May 10, 2010; Court Order February 14, 2017, temporarily effective February 14, 2017, permanently effective April 17, 2017]

Plain-English Summary

Rule 1.431(1) defines a motion as an application by any party or interested person for an order related to the action. It isn't a pleading, but it's still subject to the certification requirement of Rule 1.413(1), meaning whoever signs it vouches for its good-faith basis. Every motion must be captioned and signed under Rule 1.411 and must set out the specific points it rests on, not just a general request for relief.

The rule then lays out a briefing schedule. The movant may serve a concise memorandum brief along with the motion. The party opposing the motion must file a written resistance within 10 days after being served a copy of the motion, and may attach its own concise brief. The movant then has 7 days after service of that resistance, or until any hearing on the motion, whichever comes first, to file a reply — limited to newly decided authority or new, unanticipated matters, not a chance to rehash the opening brief.

Evidence supporting or opposing a motion can come in by affidavit or another form the parties agree to or the court directs, with the court able to require an affiant to appear for cross-examination. The trial court must rule on a motion within 30 days after it's submitted, unless it extends that time for stated reasons. Every clerk's office maintains a motion calendar tracking the case number, an abbreviated case title, counsel of record, the type of motion, and its filing and disposition dates. The court can decide a motion without a hearing, or schedule one in person or by phone; when the parties agree, the court directs a phone hearing unless someone notifies the court that oral testimony will be offered, with the movant arranging and paying for the call unless the parties agree otherwise. A special provision covers hearings on certain temporary family-law orders under Iowa Code sections 598.10 and 600B.40A, requiring that parties who have appeared be present for the hearing, whether it's held in person, by phone, or by video.

Frequently Asked Questions

How long do I have to respond to a motion filed against me in Iowa court?

Unless the court orders otherwise or a rule or statute provides differently, you must file a written resistance within 10 days after a copy of the motion was served on you.

Can I reply to my opponent's resistance to my motion?

Yes. You may file a reply within 7 days after service of the resistance or before any hearing on the motion, whichever comes first, but only to raise newly decided authority or respond to new, unanticipated matters, not to reargue your opening brief.

How quickly must a judge rule on a motion once it's submitted?

Within 30 days after submission, unless the court extends that time for reasons stated of record.

Will my motion be heard in person or by phone?

The court can rule without a hearing or schedule one in person or by telephone conference call. If the parties agree, the court directs a telephone hearing unless a party notifies the court that oral testimony will be offered.

What is a motion calendar and why does it matter?

It's the log every clerk's office keeps of every motion filed, showing the docket number, an abbreviated case title, counsel of record, the type of motion, and the dates it was filed, calendared, and decided, so parties and the court can track where every pending motion stands.

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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