If a motion under rule 1.982 is filed in an action already pending, the procedure shall be as in rule 1.981. Otherwise, the motion shall be served on the party against whom relief is sought, together with notice of the time and place of hearing. Service shall be made at least ten days before the date set for hearing. The court shall hear the motion at the time fixed in the notice without further pleadings and give judgment accordingly.
Rule 1.983.Procedure
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.983 sets the procedure for a Rule 1.982 motion: if it is filed in a case already pending, it follows the summary judgment procedure, and if not, it must be served on the opposing party with at least 10 days' notice of the hearing, decided at that hearing without further pleadings.
Full Text of Rule 1.983
Plain-English Summary
Rule 1.983 supplies the mechanics for a Rule 1.982 motion. If the motion is filed in an action already pending, the procedure follows Rule 1.981's summary judgment process. If it is not part of a pending action, the motion must be served on the party against whom relief is sought, along with notice of the time and place of the hearing, with service made at least 10 days before that hearing date.
No further pleadings are required — the court hears the motion at the time fixed in the notice and gives judgment accordingly, which keeps this motion-based route to judgment quick compared to filing and litigating a new action from scratch.
Frequently Asked Questions
What procedure applies to a Rule 1.982 motion filed in a case that is already pending?
The same procedure as Rule 1.981's summary judgment process.
What if the Rule 1.982 motion is not part of a pending case?
It must be served on the party against whom relief is sought, along with notice of the hearing's time and place, at least 10 days before the hearing.
Do the parties need to file additional pleadings before the hearing?
No. The court hears the motion at the time set in the notice without further pleadings.
How much advance notice of the hearing must the opposing party get?
At least 10 days before the date set for the hearing.
What does the court do at the hearing on a Rule 1.982 motion?
It hears the motion and gives judgment accordingly.
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 rule 1.983 proceduremotion for judgment procedure iowaten day notice motion iowaiowa rule 1.983procedure for judgment on motion iowa