Rule 1.441.Time to move or plead
Division IV: Pleadings and Motions · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.441
Amendment History
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Plain-English Summary
Rule 1.441 covers several overlapping deadlines. Motions attacking a pleading must be served before responding to it or, if no responsive pleading is required, within 20 days after that pleading was served. An answer to a petition is due on the date fixed under Rule 1.303; a party served with a cross-claim must answer it within 20 days after service, and a plaintiff must reply to a counterclaim within 20 days after the answer containing it was served, or within 20 days after a court order directing a reply, unless the order says otherwise.
Filing a motion changes these timelines. If a motion is resolved in a way that requires further pleading, that pleading is due within 10 days after notice of the court's ruling. If a party has to respond to an amended pleading, the response is due within whatever time remained for responding to the original pleading, or within 10 days after service of the amendment, whichever period is longer.
The court has room to adjust these deadlines in both directions. It can shorten any of them. For good cause, and not on an ex parte basis, it can extend the time to answer or reply by up to 30 days beyond the rule's specified times, and — again for good cause and not ex parte — it can allow a party to file a late answer or reply even after the deadline has already passed, on whatever terms the court sets. And if a case is removed to federal court, the notice of removal suspends the state court's jurisdiction until an order remanding the case, or finding the removal improper, gets filed in state court — at which point these time periods start running again from scratch.
Frequently Asked Questions
How long do I have to move against a pleading in Iowa civil practice?
A motion attacking a pleading must be served before you respond to it, or, if no responsive pleading is required, within 20 days after that pleading was served on you.
If a party files a cross-claim against me, how long do I have to answer it?
20 days after the pleading containing the cross-claim was served on you.
How long can a court extend my deadline to answer or reply?
For good cause, and not ex parte, the court can extend the time by up to 30 days beyond the deadlines the rule specifies, and can even allow a late filing after the deadline has passed on terms the court sets.
What happens to pleading deadlines if the case is removed to federal court and then remanded?
The notice of removal suspends the state court's jurisdiction until a remand order, or an order finding the removal wasn't properly perfected, is filed in state court. At that point, the times fixed for motions or pleadings begin anew.
If my motion is overruled and I must plead further, how long do I have?
10 days after notice of the court's action on the motion, unless a different time is fixed by court order.