In small claims, depositions may not be taken unless leave of court is first obtained on notice and showing of just cause therefor and upon such terms as justice may require.
Rule 1.702.Depositions in small claims
Division VII: Depositions and Perpetuating Testimony · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.702 bars taking any deposition in a small claims case unless a party first gets court leave, on notice and a showing of just cause, and on terms the court finds justice requires.
Full Text of Rule 1.702
Comment
The revised rule requires leave of court before any depositions may be taken in a small claims case. The prior rule required leave of court for discovery depositions and did not address depositions for evidentiary purposes. The distinction between discovery and evidentiary depositions was previously abolished.
Plain-English Summary
Small claims cases are built for quick, low-cost resolution, and a deposition is an expensive tool that can undercut that goal. Rule 1.702 responds by barring depositions in small claims altogether unless a party obtains leave of court first, on notice to the other side and a showing of just cause, and on whatever terms the court decides justice requires.
The official Comment explains that this leave requirement reaches every deposition in a small claims case, not merely one taken for discovery purposes. Under the earlier version of the rule, leave was required only for discovery depositions, leaving evidentiary depositions unaddressed — but Iowa has otherwise eliminated the distinction between discovery and evidentiary depositions altogether, so the revised rule closes that gap by requiring leave regardless of the deposition's purpose.
Frequently Asked Questions
Can I depose a witness in an Iowa small claims case?
Only with the court's leave, granted on notice to the other side and a showing of just cause, and on terms the court decides justice requires.
Why are depositions restricted in small claims cases?
Small claims procedure exists for quick, low-cost resolution, and a deposition is a comparatively expensive discovery tool, so Rule 1.702 requires court permission before one can be used.
Does it matter whether I want the deposition for discovery or to use it as evidence at trial?
No. The official Comment explains that leave of court is required either way, since Iowa's rules do not distinguish between discovery depositions and evidentiary depositions.
What do I have to show to get leave for a small claims deposition?
Just cause, established on notice to the other parties, and the court sets whatever terms it decides justice requires.
Does the leave requirement apply only to deposing a witness, or also to deposing the opposing party?
Rule 1.702 bars depositions in small claims cases generally, without distinguishing between deposing a witness and deposing the opposing party, so leave of court is required either way.
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 small claims deposition ruleleave of court deposition small claims iowarule 1.702 iowa civil procedurejust cause deposition small claims iowa