No pleading shall be held sufficient for failure to move to strike or dismiss it. If such motion is filed and overruled, error in such ruling is not waived by pleading over or proceeding further; and the moving party may always question the sufficiency of the pleading during subsequent proceedings.
Rule 1.432.Failure to move; effect of overruling motion
Division IV: Pleadings and Motions · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.432 protects a party who challenges a pleading and loses: a pleading is never automatically valid just because nobody moved against it, and losing a motion to strike or dismiss doesn't waive the right to keep questioning that pleading's sufficiency later in the case.
Full Text of Rule 1.432
Plain-English Summary
Rule 1.432 covers two related ideas about testing a pleading's sufficiency. First, no pleading is held sufficient merely because nobody filed a motion to strike or dismiss it — silence from the other side isn't an endorsement of the pleading's adequacy. Second, if a party does file that kind of motion and loses, the error in that ruling isn't waived by pleading over or otherwise proceeding with the case. The moving party keeps the right to question the pleading's sufficiency at later stages.
This rule takes the pressure off an early, high-stakes gamble. A party doesn't have to bet the whole case on winning a motion to dismiss at the outset; losing that motion and moving forward with an Answer doesn't forfeit the underlying objection. That objection stays available as the case proceeds, whether the party wants to press it again later or preserve it for appeal.
Frequently Asked Questions
If I don't move to strike a defective pleading, does that mean it's automatically good?
No. Rule 1.432 states that no pleading is held sufficient for failure to move to strike or dismiss it.
If my motion to dismiss is denied, do I give up my objection by continuing to defend the case?
No. The rule states that error in an overruled motion is not waived by pleading over or proceeding further with the case.
Can I raise the same sufficiency argument again later in the case after losing my motion?
Yes. Rule 1.432 says the moving party may always question the sufficiency of the pleading during subsequent proceedings.
What's the practical benefit of Rule 1.432 for a defendant?
It removes the need to gamble the whole case on an early motion. A defendant can lose a motion to strike or dismiss, keep litigating the case, and still preserve the underlying objection for later.
Does Rule 1.432 apply to motions to strike as well as motions to dismiss?
Yes. The rule refers to both a motion to strike and a motion to dismiss, extending the same protection to a party who loses either kind of motion.
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 pleading over waiver ruleiowa motion to dismiss overruled effectiowa preserving sufficiency objectionrule 1.432 iowa civil procedure