Any party to any later action involving any expected adverse party who was named in the application and who was served with notice as required in rule 1.723 or the privies or successors in interest of such expected adverse party, may use such deposition, or a certified copy thereof, if the deponent is dead, mentally ill or if the deponent's attendance cannot be obtained.
Rule 1.727.Limitations on use
Division VII: Depositions and Perpetuating Testimony · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.727 limits who can later use a perpetuated deposition and when — only a party to a later action involving an expected adverse party who was named and served under Rule 1.723, or that party's privies or successors, and only if the deponent has died, become mentally ill, or is otherwise unavailable to attend.
Full Text of Rule 1.727
Plain-English Summary
Testimony taken before a lawsuit exists needs guardrails on how it can resurface later. Rule 1.727 supplies them. It limits use of a perpetuated deposition to a party in a later action who is, or is in privity with or a successor in interest to, an expected adverse party who was named in the application and served with notice under Rule 1.723.
That connection to Rule 1.723 service matters — someone who never received notice of the original application, and had no chance to appear or object, cannot later be bound by a deposition taken without their participation.
Even for a party who qualifies, the deposition, or a certified copy, can only be used if the deponent is dead, mentally ill, or unavailable to attend and testify. The rule treats the perpetuated deposition as a substitute for live testimony, available only when live testimony is not an option.
Frequently Asked Questions
Who can use a deposition taken to perpetuate testimony in a later lawsuit?
Rule 1.727 limits use to a party in the later action involving an expected adverse party who was named in the application and served with notice as Rule 1.723 requires, along with that party's privies or successors in interest.
Can I use the deposition even if the witness is available to testify in person?
No. Rule 1.727 permits use of the deposition or a certified copy only if the deponent is dead, mentally ill, or the deponent's attendance cannot be obtained.
What if the expected adverse party named in the application was never served?
Rule 1.727 ties usability to service under Rule 1.723. A party who was named but not served that way falls outside the group of people the deposition can later be used against.
Does this rule cover successors or privies of the original expected adverse party?
Yes. Rule 1.727 extends usability to the privies or successors in interest of an expected adverse party who was properly named and served, not just to that party personally.
Can I use a certified copy of the deposition instead of the original?
Yes. Rule 1.727 expressly allows use of the deposition or a certified copy of it, once the other conditions for use are met.
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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