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Rule 1.715.Deposition subpoena

Division VII: Depositions and Perpetuating Testimony · Last amended October 9, 2009 · Last verified July 15, 2026

In one sentenceRule 1.715 lets the clerk of the court where the action is pending issue subpoenas for people named in a deposition notice, on a party's application or proof of that notice, and shields Iowa residents from being compelled to attend a deposition more than 50 miles from where they live, work, or transact business.

Full Text of Rule 1.715

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1.715(1) On application of any party, or proof of service of a notice to take depositions under rule 1.707 or rule 1.710, the clerk of court where the action is pending shall issue subpoenas for persons named in and described in said notice of application. Subpoenas may also be issued as provided by statute or by rule 1.1701.
(2) No resident of Iowa shall be subpoenaed to attend more than 50 miles from where the deponent resides, or is employed, or transacts business in person.

Plain-English Summary

Rule 1.715(1) supplies the mechanism for compelling a witness to attend a deposition: on a party's application, or proof of service of a notice to take a deposition under Rule 1.707 or Rule 1.710, the clerk of the court where the action is pending issues a subpoena for the people named or described in that notice. Subpoenas may also issue as provided by statute or under Rule 1.1701.

Rule 1.715(2) adds a geographic protection for Iowa residents: no resident may be subpoenaed to attend a deposition more than 50 miles from where the person resides, is employed, or transacts business in person. That distance limit is distinct from the deposition-location provisions in Rule 1.701(5), which address where oral depositions may generally be taken and where a party deponent must appear.

Frequently Asked Questions

Who issues a subpoena to compel someone to attend a deposition?

The clerk of the court where the action is pending, on a party's application or proof of service of a Rule 1.707 or Rule 1.710 deposition notice.

How far can an Iowa resident be required to travel for a deposition?

Rule 1.715(2) caps it at 50 miles from where the resident lives, is employed, or transacts business in person.

Is Rule 1.715 the only source of subpoena authority for depositions?

No. Rule 1.715(1) notes that subpoenas may also issue as provided by statute or under Rule 1.1701.

Does the 50-mile limit apply to a party deponent as well as a nonparty witness?

Rule 1.715 addresses residents subpoenaed generally; a party deponent's examination location is separately addressed by Rule 1.701(5)(b), which sets examination in the county where the action is pending absent a different court order.

Does the 50-mile limit protect a witness who lives outside Iowa?

Rule 1.715(2) by its own terms protects only a resident of Iowa from being subpoenaed to attend a deposition more than 50 miles from where that person lives, works, or transacts business.

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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