1.808(1) An action brought in the wrong county may be prosecuted there until termination, unless a defendant, before answer, moves for change to the proper county. Thereupon the court shall order the change at plaintiff's costs, which may include reasonable compensation for defendant's trouble and expense, including attorney's fees, in attending in the wrong county.
Rule 1.808.Action brought in wrong county
Division VIII: Change of Venue · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.808 lets a case filed in the wrong county proceed there until a defendant moves, before answering, for a transfer to the proper county at the plaintiff's cost, and requires dismissal if those costs go unpaid within 20 days of the transfer order.
Full Text of Rule 1.808
(2) If all such costs are not paid within 20 days of the transfer order, the action shall be dismissed. Upon payment of the costs, the clerk shall forthwith transmit to the proper court the transcript of the proceedings, with any original papers, an authenticated copy of which shall be retained. The case shall be docketed in the second court without fee and shall proceed.
Plain-English Summary
Rule 1.808 addresses a different problem than the rest of the venue rules: not a case that started in the right place and later needs to move, but one that started in the wrong county to begin with. Unless a defendant objects, that case can be prosecuted in the wrong county all the way to its conclusion.
A defendant who wants to object has to act before answering. On a timely motion, the court must order the case changed to the proper county, at the plaintiff's cost — costs that can include reasonable compensation for the defendant's trouble and expense, including attorney's fees, from having to appear in the wrong county in the first place.
Rule 1.808(2) sets a firm deadline on the plaintiff: all those costs must be paid within 20 days of the transfer order, or the action is dismissed outright. Once paid, the process mirrors a regular change of venue — the clerk transmits the transcript and original papers to the proper court, keeps an authenticated copy, and the case is docketed there without a fee and proceeds.
Frequently Asked Questions
What happens if a lawsuit is filed in the wrong county?
Rule 1.808(1) allows it to be prosecuted there until it is finished, unless a defendant moves for a change to the proper county before filing an answer. If the defendant does move, the court orders the change at the plaintiff's cost.
What costs does the plaintiff have to pay when a case moves for having been filed in the wrong county?
The plaintiff's costs can include reasonable compensation for the defendant's trouble and expense, including attorney's fees, for having to attend in the wrong county, on top of the ordinary costs of the transfer.
What if the plaintiff does not pay those costs?
Rule 1.808(2) requires dismissal of the action if all the required costs are not paid within 20 days of the transfer order.
Does a defendant have unlimited time to object to the wrong county?
No. Rule 1.808(1) requires the defendant to move for the change before filing an answer; the objection is not available indefinitely once the defendant has answered.
What happens once the plaintiff pays the required costs?
Rule 1.808(2) has the clerk transmit the transcript of proceedings and any original papers to the proper court, retain an authenticated copy, and docket the case in the new court without a fee so it can proceed.
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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