1.944(1) It is the declared policy that in the exercise of reasonable diligence every civil and special action, except under unusual circumstances, shall be brought to issue and tried within one year from the date it is filed and docketed and in most instances within a shorter time.
Rule 1.944.Uniform rule for dismissal for want of prosecution
Division IX: Trial and Judgment · Last amended May 1, 2004 · Last verified July 15, 2026
In one sentenceRule 1.944 sets Iowa's uniform policy of bringing civil cases to trial within about a year, requires dismissal of stale cases pending more than a year past July 15 unless a listed exception or good cause applies, and allows reinstatement within six months for oversight or mistake.
Full Text of Rule 1.944
1.944(2) All cases at law or in equity where the petition has been filed more than one year prior to July 15 of any year shall be tried prior to January 1 of the next succeeding year. The clerk shall prior to August 15 of each year give notice to counsel of record as provided in rule 1.442 of the docket number, the names of parties, counsel appearing, and date of filing petition. The notice shall state that such case will be subject to dismissal if not tried prior to January 1 of the next succeeding year pursuant to this rule. All such cases shall be assigned and tried or dismissed without prejudice at plaintiff's costs unless satisfactory reasons for want of prosecution or grounds for continuance be shown by application and ruling thereon after notice and not ex parte.
1.944(3) This rule shall not apply to the following cases provided, however, that a finding as to "a" through "e" is made and entered of record:
a. Cases pending on appeal from a court of record to a higher court or under order of submission to the court.
b. Cases in which proceedings subsequent to judgment or decree are pending.
c. Cases which have been stayed pursuant to the Servicemembers Civil Relief Act [50 U.S.C. app. § 501].
d. Cases where a party is paying a claim pursuant to written stipulation on file or court order.
e. Cases awaiting the action of a referee, master or other court-appointed officer.
1.944(4) The case shall not be dismissed if there is a timely showing that the original notice and petition have not been served and that the party resisting dismissal has used due diligence in attempting to cause process to be served.
1.944(5) No continuance under this rule shall be by stipulation of parties alone but must be by order of court. Where appropriate the order of continuance shall be to a date certain.
1.944(6) The trial court may, in its discretion, and shall upon a showing that such dismissal was the result of oversight, mistake or other reasonable cause, reinstate the action or actions so dismissed. Application for such reinstatement, setting forth the grounds therefor, shall be filed within six months from the date of dismissal.
Plain-English Summary
Rule 1.944(1) states Iowa's declared policy plainly: with reasonable diligence, every civil and special action, except under unusual circumstances, should be brought to issue and tried within one year of filing, and often sooner. Rule 1.944(2) turns that policy into a hard mechanism — any case filed more than a year before July 15 of a given year must be tried before January 1 of the following year. The clerk gives notice to counsel of record before August 15 each year, identifying the docket number, the parties, counsel, and filing date, and warning that the case is subject to dismissal if not tried by that January 1 deadline. Unless satisfactory reasons for the delay or grounds for continuance are shown, after notice and a ruling — not ex parte — the case is assigned and tried, or dismissed without prejudice at the plaintiff's costs.
Rule 1.944(3) lists five categories of cases this rule does not reach, as long as a finding to that effect is entered of record: cases on appeal or under submission to a higher court, cases with proceedings pending after judgment or decree, cases stayed under the Servicemembers Civil Relief Act, cases where a party is paying a claim under a written stipulation or court order, and cases awaiting action by a referee, master, or other court-appointed officer. Rule 1.944(4) adds a separate protection: the case cannot be dismissed if a timely showing is made that the original notice and petition have not been served and that the party resisting dismissal used due diligence trying to get process served.
Rule 1.944(5) requires that any continuance under this rule come from a court order, not a stipulation between the parties alone, and where appropriate the continuance order should run to a date certain. Rule 1.944(6) gives the trial court discretion to reinstate a case dismissed under this rule, and requires reinstatement on a showing that the dismissal resulted from oversight, mistake, or other reasonable cause — but the application for reinstatement, setting out the grounds, must be filed within six months of the dismissal date.
Frequently Asked Questions
How quickly is a civil case in Iowa supposed to go to trial?
Rule 1.944(1) declares a policy of bringing every civil and special action to issue and trial within one year of filing, except under unusual circumstances, and often in a shorter time.
What happens if my case has been pending more than a year without being tried?
Rule 1.944(2) requires cases filed more than a year before July 15 of a given year to be tried before the following January 1, and, absent satisfactory reasons or grounds for continuance shown after notice and a ruling, the case is dismissed without prejudice at the plaintiff's costs.
Are any cases exempt from this one-year trial deadline?
Yes. Rule 1.944(3) lists five categories, including cases on appeal, cases with post-judgment proceedings pending, cases stayed under the Servicemembers Civil Relief Act, cases where a party is paying under stipulation or court order, and cases awaiting action by a referee or master — provided a finding to that effect is entered of record.
What if the defendant was never served with the original notice and petition?
Rule 1.944(4) prevents dismissal if there is a timely showing that service has not been made and that the party resisting dismissal used due diligence trying to get process served.
Can my dismissed case be reinstated?
Yes, if the dismissal was the result of oversight, mistake, or other reasonable cause. Rule 1.944(6) requires reinstatement on that showing, but the application must be filed within six months of the dismissal.
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 dismissal for want of prosecutionone year rule iowa civil casereinstating dismissed case iowaiowa uniform dismissal rule deadline