Where the case is tried after a change of place of trial, and the jury disagrees or a new trial is granted, the court may in its discretion allow a subsequent change, under rule 1.801(1), 1.801(2), 1.801(3), or 1.801(4), subject to rule 1.802.
Rule 1.803.Subsequent change
Division VIII: Change of Venue · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.803 lets a court, when a case tried after a venue change ends in a hung jury or a new trial, allow a further change under the county, judge-interest, prejudice, or agreement grounds of Rule 1.801, subject to the limits Rule 1.802 imposes.
Full Text of Rule 1.803
Plain-English Summary
Sometimes a case that has already moved once needs to move again. Rule 1.803 addresses what happens after a case tried in its new location ends without a final result — the jury disagrees, or a new trial is granted. In that situation, the court has discretion to allow a subsequent change of venue.
That discretion is not limited to a single ground. Rule 1.803 lets the court draw on four of Rule 1.801's grounds for the subsequent change: the county-as-party ground, the judge's interest or family relation, prejudice or influence, and agreement of the parties. It leaves out the fraud-in-the-contract ground, which is tied to the circumstances of where a defendant is sued rather than to how a retried case is handled.
Rule 1.802's limitations still apply on top of this. A subsequent change under Rule 1.803 has to satisfy the same restrictions that govern any other change of venue, including the overall two-change cap.
Frequently Asked Questions
When does Rule 1.803 come into play?
It applies after a case has already been tried following a change of venue, and the jury disagrees or the court grants a new trial. In that situation, the court may in its discretion allow a subsequent change.
Which grounds can support a subsequent change under this rule?
Rule 1.803 allows a subsequent change under Rule 1.801(1) through (4) — the county-as-party ground, the judge's interest or family relation, prejudice or undue influence, and agreement of the parties.
Do the usual limits on venue changes still apply to a subsequent change under Rule 1.803?
Yes. Rule 1.803 makes any subsequent change subject to Rule 1.802, including its cap of two changes for any party.
Is a subsequent change automatic once a new trial is granted?
No. Rule 1.803 gives the court discretion to allow the subsequent change; it is not a right the moving party can invoke just because the first trial ended in a disagreement or a new trial was granted.
Can a defendant use the fraud-in-the-contract ground for a subsequent change under Rule 1.803?
No. Rule 1.803 lists only Rule 1.801(1) through (4) as available grounds for a subsequent change, leaving out the fraud-in-the-contract ground found in Rule 1.801(5).
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 subsequent change of venuenew trial venue change iowarule 1.803 iowahung jury change of venue iowa