A party shall be in default whenever that party does any of the following:
Rule 1.971.Default defined
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.971 lists five ways a party ends up in default: missing the deadline to answer or move, pulling back a pleading without leave to replead, skipping trial, disobeying a court order, or doing anything else that triggers default under another rule or statute.
Full Text of Rule 1.971
(1) Fails to serve and, within a reasonable time thereafter, file a motion or answer as required in rule 1.303 or 1.304.
(2) Withdraws a pleading without permission to replead.
(3) Fails to be present for trial.
(4) Fails to comply with any order of court.
(5) Does any act which permits entry of default under any rule or statute.
Plain-English Summary
Rule 1.971 defines default rather than describing how one gets entered — that comes later, in Rules 1.972 and 1.973. A party is in default when it: fails to serve, and within a reasonable time after also file, a motion or answer required under Rule 1.303 or 1.304; withdraws a pleading without permission to replead; fails to be present for trial; fails to comply with any court order; or does any other act that permits entry of default under some other rule or statute.
Notice how narrow some of these grounds are in practice. Withdrawing a pleading is only a default if it is withdrawn without leave to replead — a party who gets permission to file something new is not automatically in default. And missing an answer deadline is not itself enough; the rule looks at whether the party failed to serve, and then also failed to file, within a reasonable time.
Frequently Asked Questions
What counts as being in default under Iowa's rules?
Rule 1.971 lists five grounds: failing to serve and, within a reasonable time, file a required motion or answer; withdrawing a pleading without permission to replead; failing to appear for trial; failing to comply with a court order; or any other act that permits default under another rule or statute.
If I miss my deadline to answer, am I automatically in default?
Rule 1.971(1) covers failing to serve, and within a reasonable time after also file, a motion or answer required under Rule 1.303 or 1.304.
Can I be defaulted for skipping a trial date?
Yes. Rule 1.971(3) lists failing to be present for trial as a ground for default.
What if I withdraw my answer to file a new one?
That is a default under Rule 1.971(2) only if the pleading is withdrawn without permission to replead. Withdrawing it with leave to file something new is not covered.
Does violating a court order put me in default?
Yes. Rule 1.971(4) covers failing to comply with any order of the court.
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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