Substitution of parties does not prevent use of depositions previously taken in the action. If an action is dismissed, depositions legally taken therein may be used in any subsequent action involving the same subject matter, between the same parties, their representatives or successors in interest.
Rule 1.706.Substituted parties; successive actions
Division VII: Depositions and Perpetuating Testimony · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.706 preserves the usability of depositions already taken in a case even after parties are substituted, and lets depositions from a dismissed action be reused in a later case involving the same subject matter and the same parties, their representatives, or successors.
Full Text of Rule 1.706
Plain-English Summary
Rule 1.706 makes clear that substituting parties in a case does not erase what has already been done. If a party dies or otherwise drops out and a representative is substituted, depositions taken before the substitution remain usable in the action exactly as before.
The rule extends the same protection to a dismissed and later refiled dispute: if an action is dismissed, depositions legally taken in it can be used in a later action involving the same subject matter, between the same parties, their representatives, or their successors in interest. That avoids the expense of redeposing witnesses just because a case was dismissed and refiled on the same underlying dispute.
Frequently Asked Questions
If a party in my case dies and is replaced, are the depositions already taken still usable?
Yes. Rule 1.706 states that substitution of parties does not prevent using depositions previously taken in the action.
My earlier case was dismissed — can I reuse those depositions if I refile?
Yes, if the new action involves the same subject matter and is between the same parties, their representatives, or their successors in interest.
Does this rule apply if the second lawsuit is against a different opponent entirely?
No. Rule 1.706 requires the later action to be between the same parties or their representatives or successors in interest, not a new opponent.
Why does this rule matter practically?
It avoids the cost of retaking depositions when a case is dismissed and later refiled over the same dispute, letting the earlier testimony carry forward.
Can I reuse a deposition under Rule 1.706 even if it had a procedural defect when it was taken?
No. Rule 1.706 only covers depositions that were legally taken in the earlier action — an uncured procedural defect does not become irrelevant just because the rule otherwise allows reuse of properly taken depositions.
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 reuse deposition after dismissalsubstitution of parties deposition rule iowarule 1.706 iowa civil proceduredepositions in successive actions iowa