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Rule 1.806.Costs

Division VIII: Change of Venue · Last amended February 15, 2002 · Last verified July 15, 2026

In one sentenceRule 1.806 requires the order granting most changes of venue to designate the costs the change causes, which the movant must pay to perfect the change, and treats a failure to pay within ten days of the order as a waiver of the change.

Full Text of Rule 1.806

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Unless the change is under rule 1.801(4) or 1.801(5), the order shall designate generally all costs occasioned by the change, which movant must pay before the change is perfected. Failure to make such payment within ten days from the order waives the change of venue.

Plain-English Summary

A change of venue does not come free, and Rule 1.806 makes the moving party bear that cost. Except for changes based on agreement under Rule 1.801(4) or the fraud-in-contract ground under Rule 1.801(5), which has its own cost-bond mechanism, the order granting a change must designate all costs the change occasions.

The movant has to pay those costs before the change is perfected — the transfer does not take effect on its own just because the court signed an order. Payment is what completes it.

Rule 1.806 attaches a firm deadline and a firm consequence: the movant has ten days from the order to make that payment. Miss the window, and the change of venue is waived — the case stays where it was, as if the motion had never been granted.

Frequently Asked Questions

Who pays the costs of a change of venue?

Rule 1.806 makes the movant responsible. The order granting the change designates the costs the change occasions, and the movant must pay them before the change is perfected.

How long do I have to pay the costs after the change is granted?

Ten days from the order. Rule 1.806 treats a failure to pay within that window as a waiver of the change of venue.

What happens if I do not pay the designated costs in time?

The change is waived. Rule 1.806 states plainly that failure to pay within ten days from the order waives the change, leaving the case where it was.

Does this cost requirement apply to every kind of change of venue?

No. Rule 1.806 excludes changes made under Rule 1.801(4) (agreement) and Rule 1.801(5) (the fraud-in-contract transfer, which has its own bond and cost provisions).

Does the change take effect as soon as the court signs the order?

Not by itself. Rule 1.806 conditions perfection of the change on the movant paying the designated costs, so the order and the payment work together to complete the transfer.

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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