Any party may subpoena witnesses before a master as for trial in open court; and a witness failing to appear or testify without good cause shall be subject to the same punishment and consequences.
Rule 1.939.Witnesses
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.939 lets any party subpoena witnesses to appear before a master just as if the hearing were a trial in open court, and holds a witness who refuses to appear or testify without good cause to the same consequences.
Full Text of Rule 1.939
Plain-English Summary
A hearing before a master is not a lesser proceeding when it comes to compelling testimony. Rule 1.939 lets any party subpoena witnesses to appear before the master using the same subpoena power available for trial in open court.
The rule backs that power with the same enforcement teeth used at trial: a witness who fails to appear or testify without good cause faces the same punishment and consequences as if the refusal happened in the courtroom itself. That parity keeps a reference proceeding from becoming a place where witnesses can safely ignore a subpoena.
Frequently Asked Questions
Can I subpoena a witness to testify before a master?
Yes. Rule 1.939 allows any party to subpoena witnesses before a master using the same power available as for trial in open court.
What happens if a witness ignores a subpoena to appear before a master?
Rule 1.939 subjects a witness who fails to appear or testify without good cause to the same punishment and consequences as a witness who defies a trial subpoena.
Is the subpoena process before a master different from the process used at trial?
No. Rule 1.939 ties the subpoena power for master proceedings directly to the power used for trial in open court, rather than creating a separate procedure.
Does a witness have any excuse for not appearing before a master?
Good cause. Rule 1.939 imposes consequences on a witness who fails to appear or testify "without good cause," implying that a valid excuse can avoid those consequences.
Who can request a subpoena for a master proceeding?
Any party to the action, under Rule 1.939.
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 master witness subpoena rulesubpoena before referee iowawitness refuses to appear before master iowaiowa civil rule 1.939