On motion, the place of trial may be changed in the following situations:
Rule 1.801.Grounds for change
Division VIII: Change of Venue · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.801 lists the five grounds for changing the place of trial in Iowa — the county being a party in a jury case, a judge's interest or close family relation to a party, prejudice against the movant or undue influence favoring an adversary, written agreement of the parties, and a defendant's sworn fraud defense to a venue-fixing contract — each with its own procedural requirements.
Full Text of Rule 1.801
(1) County. If the county where the case would be tried is a party, the motion is by an adverse party, the issue is triable by a jury, and a jury has been demanded.
(2) Interest of judge. Where the trial judge is directly interested in the action, or related by consanguinity or affinity within the fourth degree to any party.
(3) Prejudice or influence. If the trial judge or the inhabitants of the county are so prejudiced against the moving party, or if an adverse party has such undue influence over the county's inhabitants that the movant cannot obtain a fair trial. The motion in such case shall be supported by affidavit of the movant and three disinterested persons, none being the agent, servant, employee or attorney of the movant, nor related to the movant by consanguinity or affinity within the fourth degree. The other party shall have a reasonable time to file counter affidavits. Affiants may be examined pursuant to rule 1.431 (6).
(4) Agreement. Pursuant to written agreement of the parties.
(5) Fraud in contract. A defendant, respondent, or other party, sued in a county where the party does not reside, on a written contract expressly performable in that county, who has filed a sworn answer claiming fraud in the inception of said contract as a complete defense, may have the case transferred to the county of that party's residence. Within ten days after the transfer is ordered, the defendant, respondent, or other party must file a bond in an amount fixed by the court, with sureties approved by the clerk, for payment of all costs; and any judgment rendered against such party shall include costs in a reasonable amount fixed by the court for expenses incurred by plaintiff and plaintiff's attorney by reason of the change.
Plain-English Summary
Rule 1.801 gathers the five situations in which a party can move to change where a civil case gets tried. The first covers cases where the county itself is a party: if the case is triable by jury and a jury has been demanded, an adverse party can move for a change. The second is personal to the judge — a change is available if the trial judge has a direct interest in the case or is related to a party by consanguinity or affinity within the fourth degree.
The third ground, prejudice or influence, carries the heaviest evidentiary burden. The movant must show the trial judge or the county's inhabitants are prejudiced against the movant, or that an adverse party wields undue influence over the county's inhabitants sufficient to prevent a fair trial. That showing takes an affidavit from the movant plus three disinterested people — none of them the movant's agent, servant, employee, or attorney, and none related to the movant within the fourth degree. The opposing side gets a reasonable time to file counter-affidavits, and any affiant can be examined under Rule 1.431(6).
The last two grounds work without a heavy evidentiary showing. A change is available by written agreement of the parties, and a defendant sued outside the county of residence on a contract that expressly fixes performance in the filing county can move to transfer the case to the county of residence by filing a sworn answer claiming fraud in the contract's inception as a complete defense. That fraud-based transfer comes with conditions attached: the defendant must post a cost bond within ten days, and any eventual judgment against the defendant will include the plaintiff's reasonable expenses caused by the change.
Frequently Asked Questions
What are the five grounds for a change of venue under Rule 1.801?
They are: the county being a party in a case triable by jury where a jury has been demanded; the trial judge's direct interest in the case or close family relation to a party; prejudice against the movant or undue influence favoring an adversary; written agreement of the parties; and a defendant's sworn fraud-in-the-inception defense to a contract that fixes performance in the filing county.
What proof do I need for a change based on prejudice or undue influence?
Rule 1.801(3) requires an affidavit from the movant plus three disinterested people who are not the movant's agent, servant, employee, or attorney and are not related to the movant within the fourth degree of consanguinity or affinity. The other side may then file counter-affidavits, and affiants can be examined under Rule 1.431(6).
How close a family relationship to a party disqualifies a judge from a case under this rule?
Rule 1.801(2) allows a change where the judge is related to a party by consanguinity or affinity within the fourth degree, in addition to situations where the judge has a direct interest in the action.
How does the fraud-based venue change under Rule 1.801(5) work?
A defendant sued in a county where the defendant does not reside, on a written contract that expressly fixes performance in that county, can move to transfer to the county of residence after filing a sworn answer claiming fraud in the contract's inception as a complete defense. The defendant must post a cost bond within ten days of the transfer order, and any judgment against the defendant will include the plaintiff's reasonable expenses from the change.
Can the parties agree to move the trial to a different county?
Yes. Rule 1.801(4) allows a change of venue on the parties' written agreement, without needing to show any of the other grounds.
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 change of venue groundsiowa venue prejudice affidavitmoving trial to different county iowaiowa rule 1.801