Depositions shall be taken as directed in the court's order; and shall be otherwise governed by rules 1.708 to 1.713 and 1.717. For the purpose of applying these rules to depositions for perpetuating testimony, each reference therein to the court in which the petition was filed shall be deemed to refer to the court in which the application for such deposition was filed. Unless the court enlarges the time, all such depositions must be filed therein within 30 days after the date fixed for taking them, and if not so filed cannot be later received in evidence.
Rule 1.726.Taking and filing testimony
Division VII: Depositions and Perpetuating Testimony · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.726 folds perpetuate-testimony depositions into the ordinary deposition rules, treats the application court as the deposition court for those purposes, and requires the depositions to be filed within 30 days of the date set for taking them unless the court enlarges that time.
Full Text of Rule 1.726
Plain-English Summary
Once the court orders testimony perpetuated, Rule 1.726 ties the mechanics back to Iowa's regular deposition practice. The depositions proceed as the court's order directs, and are otherwise governed by the same rules that apply to ordinary depositions — rules 1.708 through 1.713 and 1.717, covering the conduct of the deposition, reading and signing, certification, and objections.
Because those borrowed rules were written for depositions taken in a pending case, Rule 1.726 makes a translation: wherever those rules refer to the court where the petition was filed, that means the court where the application to perpetuate testimony was filed. The procedural machinery carries over without needing its own separate set of rules.
Timing matters here. Unless the court enlarges the deadline, the depositions must be filed within 30 days after the date fixed for taking them. Miss that window without an enlargement, and the depositions cannot later be received in evidence — a hard deadline with a hard consequence.
Frequently Asked Questions
Which rules govern how the deposition itself is conducted?
Rule 1.726 applies rules 1.708 through 1.713 and 1.717 — the same rules that govern ordinary depositions — to depositions taken to perpetuate testimony.
How does the rule handle references to the court in those borrowed deposition rules?
Rule 1.726 treats any reference in those rules to the court where the petition was filed as referring instead to the court where the application to perpetuate testimony was filed, since there is no petition yet in this context.
How long do I have to file the deposition after it is taken?
Rule 1.726 requires filing within 30 days after the date fixed for taking the deposition, unless the court enlarges that time.
What happens if the deposition is not filed within 30 days?
If the court has not enlarged the time and the deposition is not filed within 30 days of the date fixed for taking it, Rule 1.726 bars it from later being received in evidence.
Can the court extend the 30-day filing deadline?
Yes. Rule 1.726 expressly allows the court to enlarge the filing time, which avoids the evidentiary bar that otherwise follows a late filing.
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 perpetuate testimony filing deadlinerule 1.726 iowa 30 daysdepositions rules 1.708 to 1.713 iowafiling deposition perpetuate testimony