The applicant shall thereafter serve a notice upon each person named in the application as an expected adverse party, together with a copy of the application, stating that the application will come on for hearing at a time and place named therein. The notice shall be served as provided for the service of original notices other than by publication at least 20 days before the date of hearing. If service cannot with due diligence be so made upon any expected adverse party named in the application, the court may make such order as is just for service by publication or otherwise, or may, upon a showing of extraordinary circumstances, prescribe a hearing upon less than 20 days' notice.
Rule 1.723.Notice of application
Division VII: Depositions and Perpetuating Testimony · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.723 requires the applicant under Rule 1.722 to serve each expected adverse party with notice of the application and hearing at least 20 days beforehand, with court-ordered alternatives when personal service cannot be managed with due diligence.
Full Text of Rule 1.723
Plain-English Summary
An application to perpetuate testimony before a lawsuit exists cannot go forward in secret. Rule 1.723 requires the applicant to serve every person named in the application as an expected adverse party with a copy of the application and a notice stating when and where the hearing on it will occur.
The notice follows the same service rules that apply to an original notice in an already-pending case, other than by publication, and it must reach the expected adverse party at least 20 days before the hearing date. That gives the future opponent a chance to respond before testimony is taken and preserved against them.
Rule 1.723 also anticipates the person who cannot be found. If due diligence does not turn up a way to serve an expected adverse party, the court can order service by publication or another method it considers just. And where the circumstances are extraordinary, the court can shorten the 20-day notice period and set the hearing sooner.
Frequently Asked Questions
How much notice does an expected adverse party get before the hearing?
Rule 1.723 requires service at least 20 days before the hearing date, using the same methods available for serving an original notice in a pending case, other than by publication.
What if I cannot locate someone I have named as an expected adverse party?
If due diligence does not produce a way to serve that person, Rule 1.723 lets the court order service by publication or another method it finds just, so the application is not stalled by an unreachable party.
Can the court shorten the 20-day notice period?
Yes, on a showing of extraordinary circumstances. Rule 1.723 lets the court set the hearing on less than 20 days' notice in that situation.
Does the notice have to include the application itself?
Yes. Rule 1.723 requires the applicant to serve the notice together with a copy of the application, so the expected adverse party can see what is being requested and why.
Can I serve the expected adverse party by publication as a first choice?
No. Rule 1.723 limits publication, or another substitute method, to situations where due diligence has failed to produce a way to serve the person by the ordinary methods used for original notices.
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 notice of application to perpetuate testimony20 day notice rule iowa depositionsservice by publication perpetuate testimony iowaiowa rule 1.723