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Ch 1, p.16 CIVIL PROCEDURE December 2010
1.308(2) Contents. A return of personal service shall state the time, manner, and place thereof
and name the person to whom copy was delivered; and if delivered under rule 1.305(1) to a person
other than defendant, respondent, or other party, it must also state the facts showing compliance with
said rule.
1.308(3) Endorsement and filing. If a sheriff receives the notice for service, the sheriff shall note
thereon the date when received, and serve it without delay in the sheriff’s own or a contiguous county,
and upon receiving the appropriate fees, the sheriff shall either file it and the return with the clerk, or
deliver it by mail or otherwise to the person from whom the sheriff received it.
1.308(4) Proof of service. The person serving the process shall make proof of service thereof to
the court promptly and in any event within the time during which the person served must respond to
the process. Failure to make proof of service does not affect the validity of the service.
1.308(5) By mail. Where service includes notice by mail, proof of such mailing shall be by
affidavit. The affidavit, with a duplicate copy of the papers referred to in the affidavit attached
thereto, shall be forthwith filed with the court.
[Report 1943; amendment 1975; February 13, 1986, effective July 1, 1986; October 31, 1997, effective
January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.309 Amendment of process or proof of service. The court may allow any process or proof
of service thereof to be amended at any time in its discretion and upon such terms as it deems just,
unless it clearly appears that material prejudice would result to the substantial rights of the party
against whom the process issued.
[Report 1975; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.310 Service by publication; what cases. After filing an affidavit that personal service cannot
be had on an adverse party in Iowa, the original notice may be served by publication, in any action
brought for the following:
1.310(1) For recovery of real property or any estate or interest therein.
1.310(2) For the partition of real or personal property in Iowa.
1.310(3) To foreclose a mortgage, lien, encumbrance or charge on real or personal property.
1.310(4) For specific performance of a contract for sale of real estate.
1.310(5) To establish, set aside or construe a will, if defendant, respondent, or other party resides
out of Iowa, or if the residence is unknown.
1.310(6) Against a nonresident of Iowa or a foreign corporation which has property, or debts owing
to it in Iowa, sought to be taken by any provisional remedy, or appropriated in any way.
1.310(7) Against any defendant, respondent, or other party who, being a nonresident of Iowa, or
a foreign corporation, has or claims any actual or contingent interest in or lien on real or personal
property in Iowa which is the subject of such action, or to which it relates; or where the action seeks
to exclude such defendant, respondent, or other party from any lien, interest or claim therein.
1.310(8) Against any resident of the state who has departed therefrom, or from the county of
defendant’s, respondent’s or other party’s residence, with intent to delay or defraud creditors, or to
avoid service, or a defendant, respondent or other party who keeps concealed with like intent.
1.310(9) For dissolution of marriage or separate maintenance or to modify a decree in such action,
or to annul an illegal marriage, against a party who is a nonresident of Iowa or whose residence is
unknown.
1.310(10) To quiet title to real estate, against a party who is a nonresident of Iowa, or whose
residence is unknown.
1.310(11) Against a partnership, corporation or association suable under a common name, when
no person can be found on whom personal service can be made.
1.310(12) To vacate or modify a judgment or for a new trial under rules 1.1012 and 1.1013.
[Report 1943; amendment 1945; Report 1978, effective July 1, 1979; October 31, 1997, effective January 24,
1998; November 9, 2001, effective February 15, 2002]
Rule 1.311 Known defendants.
1.311(1) In every case where service of original notice is made upon a known defendant,
respondent, or other party by publication, copy of the notice shall also be sent by ordinary mail
addressed to such party at the party’s last-known mailing address, unless an affidavit of a party or
that party’s attorney is filed stating that no mailing address is known and that diligent inquiry has
been made to ascertain it.