Where a plaintiff sues on a claim that was previously dismissed against the same defendant in any court of any state or the United States, the court may stay such suit until the costs of the prior action are paid.
Rule 1.947.Costs of previously dismissed action
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.947 lets a court pause a refiled lawsuit against the same defendant until the plaintiff pays the costs left owing from an earlier case on the same claim, even if that earlier case was dismissed in a different court or state.
Full Text of Rule 1.947
Plain-English Summary
Rule 1.947 addresses the plaintiff who dismisses a case and tries again. If the plaintiff sues on a claim that was previously dismissed against the same defendant — in any court of any state or the United States — the court hearing the new suit may stay it until the plaintiff pays the costs run up in the earlier action.
The stay is discretionary, not automatic: the rule says the court “may” order it, so a defendant who wants this protection needs to raise it. The point is to keep a plaintiff from walking away from unpaid costs in one court and starting the same fight over in another without settling up first.
Frequently Asked Questions
Can I refile a claim I dismissed earlier?
Generally yes, but if you owe costs from the earlier dismissed action against the same defendant, Rule 1.947 lets the court pause your new suit until those costs are paid.
Does this rule apply only when the earlier case was dismissed in an Iowa court?
No. Rule 1.947 applies when the prior dismissal happened in any court of any state or the United States, not just Iowa courts.
Is a stay automatic once I show costs are unpaid from the earlier case?
No. The rule gives the court discretion — it “may” stay the new suit, so the defendant needs to bring the unpaid costs to the court's attention.
Does this rule apply if the earlier dismissed case was against a different defendant?
No. Rule 1.947 applies only when the new suit is against the same defendant who was sued in the previously dismissed action.
What is the practical effect of a stay under this rule?
The new suit is put on hold, and cannot move forward, until the plaintiff pays the outstanding costs from the earlier dismissed action.
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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