If satisfied that the application is not for the purpose of discovery, and that its allowance may prevent future delay or failure of justice, and that the applicant is unable to bring the contemplated action or cause it to be brought, the court shall order the testimony perpetuated. In its order, the court shall designate the deponents, the subject matter of their examination, the time, location and officer before whom the depositions shall be taken, and whether orally or on written interrogatories.
Rule 1.725.Order allowing application
Division VII: Depositions and Perpetuating Testimony · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.725 lets the court order testimony perpetuated once satisfied the application is not for discovery, that allowing it may prevent future delay or a failure of justice, and that the applicant is unable to bring or cause the anticipated action to be brought, with an order that pins down the deponents, subject matter, timing, and format.
Full Text of Rule 1.725
Plain-English Summary
Rule 1.725 is the gatekeeping step for a Rule 1.722 application. Before ordering any testimony perpetuated, the court has to be satisfied of three things: the application is not a backdoor into discovery, allowing it may prevent future delay or a failure of justice, and the applicant is unable to bring the anticipated action, or cause it to be brought, right now.
That third requirement matters. Rule 1.722 exists for situations where the case cannot yet be filed — not for a plaintiff who could sue today but would rather lock in testimony first. Once the court finds all three conditions met, it orders the testimony perpetuated.
The order itself does the shaping work. It designates which deponents will be examined, the subject matter of their testimony, and the time, location, and officer before whom the depositions will be taken — and it decides whether the depositions proceed orally or on written interrogatories.
Frequently Asked Questions
What three things does the court need to find before ordering testimony perpetuated?
Under Rule 1.725, the court must be satisfied the application is not for the purpose of discovery, that allowing it may prevent future delay or a failure of justice, and that the applicant is unable to bring the contemplated action or cause it to be brought.
What does the court's order specify?
The order designates the deponents, the subject matter of their examination, and the time, location, and officer before whom the depositions will be taken, and it states whether the depositions will be oral or on written interrogatories.
Can I use Rule 1.722 if I am able to file my lawsuit right now?
Rule 1.725 requires the court to find that the applicant is unable to bring the contemplated action or cause it to be brought. If you could file today, that finding is hard to make.
Does the court decide whether depositions are oral or written?
Yes. Rule 1.725 gives the court that choice as part of its order allowing the application, along with the location and officer before whom the deposition will proceed.
What if the court is not satisfied the application meets these standards?
The rule conditions the order on the court being satisfied of all three requirements, so if it is not, it withholds the order and the testimony is not perpetuated through this procedure.
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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