A party requiring proof to obtain a judgment against a defaulted party may take depositions after serving notice on the attorney of record for the defaulted party, or on any defaulted party having no attorney of record. Parties in default are not entitled to notice as to depositions taken under any other rule.
Rule 1.703.Deposition notice to parties in default
Division VII: Depositions and Perpetuating Testimony · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.703 lets a party prove damages against a defaulted opponent by deposition after serving notice on that party's attorney of record, or directly on the defaulted party if there is no attorney, but otherwise gives a defaulted party no notice of depositions taken under any other rule.
Full Text of Rule 1.703
Comment
The rule eliminates the requirement that a copy of the deposition notice be served on the Clerk if the defaulted party has no attorney and adds a requirement that notice be given to any defaulted party who has no attorney of record.
Plain-English Summary
Winning by default usually still leaves a plaintiff needing to prove up the judgment — the amount of damages, for instance. Rule 1.703 lets that proof come through a deposition, requiring notice to the defaulted party's attorney of record, or, if that party has no attorney, notice served on the defaulted party directly.
Beyond that specific purpose, the rule narrows what a defaulted party is entitled to hear about: it is not entitled to notice of depositions taken under any other rule. Once a party is in default, its participation rights in the rest of the case's discovery shrink accordingly.
The official Comment notes two changes behind this version of the rule: it drops the earlier requirement of serving a copy of the deposition notice on the clerk when the defaulted party has no attorney, and it adds the requirement that notice instead go directly to that unrepresented, defaulted party.
Frequently Asked Questions
If I have obtained a default, can I still take depositions to prove my damages?
Yes. Rule 1.703 allows it after serving notice on the defaulted party's attorney of record, or on the defaulted party directly if there is no attorney of record.
Does a defaulted party get notice of every deposition taken afterward in the case?
No. Rule 1.703 gives a defaulted party notice only of depositions taken to prove up the judgment against it; it is not entitled to notice of depositions taken under any other rule.
What if the defaulted party has no attorney?
Notice goes to that party directly, not to the clerk of court.
Why would a plaintiff need a deposition after already winning by default?
A default typically establishes liability, but the plaintiff often still must prove the amount of the judgment, and a deposition can supply that proof.
Do I need the court's permission before taking a deposition to prove damages against a defaulted party?
No. Unlike the leave-of-court requirements found elsewhere in the deposition rules, Rule 1.703 conditions this deposition only on serving notice on the defaulted party's attorney of record, or on the defaulted party directly if there is no attorney, not on obtaining advance court permission.
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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