1.709(1) Where reading or signing not required. No oral deposition reported and transcribed by an official court reporter or certified shorthand reporter of Iowa need be submitted to, read or signed by the deponent.
Rule 1.709.Reading and signing depositions
Division VII: Depositions and Perpetuating Testimony · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.709 excuses a deposition transcribed by an official Iowa court reporter or certified shorthand reporter from ever being submitted to the witness for reading or signature, but for other depositions requires submission to the witness, lets the witness note changes with reasons, and sets a 30-day window to sign before the officer certifies the reason for any waiver, illness, death, absence, or refusal.
Full Text of Rule 1.709
(2) Submission to witness; changes; signing. In other cases, when the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by the witness, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or dead or cannot be found or refuses to sign. If the deposition is not signed by the witness within 30 days of its submission, the officer shall sign it and state on the record the fact of the waiver or of the illness, death, or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor. The deposition may then be used as fully as though signed unless on a motion to suppress under rule 1.717 (6) the court holds that the reason given for the refusal to sign requires rejection of the deposition in whole or in part.
Plain-English Summary
Rule 1.709(1) creates a significant exception: a deposition reported and transcribed by an official court reporter or a certified shorthand reporter of Iowa never has to be submitted to, read by, or signed by the deponent at all.
For other depositions, Rule 1.709(2) requires more process. Once the testimony is fully transcribed, it goes to the witness for examination and must be read to or by the witness, unless the witness and the parties waive that step. Any changes the witness wants to make, in form or substance, are entered on the deposition by the officer along with the witness's stated reasons for them. The deposition is then signed by the witness, unless the parties stipulate to waive signing or the witness is ill, dead, unavailable, or refuses to sign.
If the witness has not signed within 30 days of submission, the officer signs it instead and notes on the record the specific reason — waiver, illness, death, absence, or refusal along with any stated reason for the refusal. The deposition can then be used just as if the witness had signed it, unless a motion to suppress under Rule 1.717(6) persuades the court that the stated reason for refusal requires rejecting the deposition in whole or in part.
Frequently Asked Questions
Does every deposition witness have to review and sign the transcript?
No. Rule 1.709(1) excuses a deposition transcribed by an official court reporter or Iowa certified shorthand reporter from ever being submitted to the witness or signed.
What if the witness wants to change an answer after reviewing the deposition transcript?
Rule 1.709(2) requires the officer to record the requested change along with the witness's stated reason for it before the deposition proceeds to signature.
What happens if the witness never signs the deposition?
If it is not signed within 30 days of submission, the officer signs it instead and notes the reason on the record, and it may then be used as if the witness had signed it.
Can a deposition be thrown out because the witness refused to sign it?
Only through a motion to suppress under Rule 1.717(6), and only if the court finds the stated reason for refusal serious enough to require rejecting the deposition in whole or in part.
Can the witness and the parties just skip the reading-and-signing process for a deposition that isn't covered by the official-reporter exception?
Yes. Under Rule 1.709(2), the witness and all the parties can waive the examination and reading of the transcript, and the parties can separately stipulate to waive the witness's signature altogether.
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 deposition signature requirement rulereading and signing a deposition iowa30 day deposition signature deadline iowamotion to suppress deposition iowa