The parties may either submit the case or argue it. The party with the burden of the issue shall have the opening and closing arguments. In opening, the party shall disclose all points the party relies on, and if the party's closing argument refers to any new material point or fact not so disclosed, the adverse party may reply thereto, which shall close the argument. A party waiving opening argument is limited, in closing, to reply to the adverse argument; otherwise the adverse party shall have the closing argument. The court may limit the time for argument to itself, but not for arguments to the jury.
Rule 1.923.Arguments
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.923 gives the party with the burden of the issue both the opening and closing arguments, controls what new points can come up in closing, and lets the court limit argument time to itself but not arguments made to the jury.
Full Text of Rule 1.923
Plain-English Summary
Closing arguments are where each side makes its final pitch, and Rule 1.923 sets the order and ground rules. The parties may either submit the case or argue it, and if they argue, the party carrying the burden of the issue gets both the opening and the closing argument — a genuine advantage, since that party speaks last.
That advantage comes with a limit. In the opening argument, the party must disclose all the points it relies on. If its closing then raises some new material point or fact it did not disclose in the opening, the adverse party gets to reply to that new material, and that reply closes the argument — the first party does not get a final word on a point it saved for later. The rule also punishes skipping the opening: a party that waives its opening argument is limited, in closing, to replying to the adverse argument; otherwise the adverse party gets the closing argument instead.
Rule 1.923 closes with a distinction worth remembering: the court may limit the time for argument addressed to itself, but it may not limit the time for arguments made to the jury. That difference reflects how much more is at stake when a lawyer is trying to persuade the fact-finder that will decide the case.
Frequently Asked Questions
Which side gets to argue last at trial?
Rule 1.923 gives both the opening and closing argument to the party with the burden of the issue, meaning that party generally has the last word before the jury.
What happens if a lawyer raises a new point during closing argument that wasn't mentioned in opening?
Rule 1.923 lets the adverse party reply to any new material point or fact raised in that closing that was not disclosed in the opening, and that reply then closes the argument.
What happens if the party with the burden waives its opening argument?
Under Rule 1.923, that party is then limited in closing to replying to the adverse argument; otherwise, the adverse party gets the closing argument instead.
Can the court set a time limit on closing arguments to the jury?
No. Rule 1.923 lets the court limit the time for argument addressed to itself, but it may not limit the time for arguments made to the jury.
Do the parties have to argue the case, or can they just submit it?
Rule 1.923 gives the parties the choice to either submit the case or argue it, rather than requiring oral argument in every trial.
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 closing argument order rulewho argues last at trial iowaiowa trial argument time limitopening and closing argument iowa