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December 2010 CIVIL PROCEDURE Ch 1, p.17
1.311(2) Such copy of notice shall be mailed by the party, the party’s agent or attorney not less
than 20 days before the date for motion or answer.
1.311(3) Proof of such mailing shall be by affidavit, and such affidavit or the affidavit referred to
in rule 1.311(1) shall be filed before the entry of judgment or decree. The court, in its judgment or
decree, or prior thereto, shall make a finding that the address to which such copy was directed is the
last-known mailing address, or that no such address is known, after diligent inquiry.
[Report 1951; Report 1978, effective July 1, 1979; October 31, 1997, effective January 24, 1998; November
9, 2001, effective February 15, 2002]
Rule 1.312 Unknown defendants, respondents, or other parties. The original notice against
unknown parties shall be directed to the unknown claimants of the property involved, describing it.
It shall otherwise comply with rule 1.302.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.313 How published. After the filing of a petition, publication of the original notice shall be
made once each week for three consecutive weeks in a newspaper of general circulation published in
the county where the petition is filed. The newspaper shall be selected by the plaintiff.
[Report 1943; amendment 1951; October 31, 1997, effective January 24, 1998; November 9, 2001, effective
February 15, 2002]
Rule 1.314 Proof of publication. Before default is taken, proof of such publication shall be filed,
sworn to by the publisher or an employee of the newspaper.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.315 Actual service. Service of original notice in or out of Iowa according to rule 1.305
supersedes the need of its publication.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rules 1.316 to 1.400 Reserved.
DIVISION IV
PLEADINGS AND MOTIONS
A. PLEADINGS GENERALLY
Rule 1.401 Allowable pleadings. There shall be a petition and an answer; a reply to a counterclaim
denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a cross-petition,
if a person who was not an original party is summoned under the provisions of rule 1.246; and an
answer to cross-petition, if a cross-petition is served.
[Report 1943; amendment 1974; Report 1978, effective July 1, 1979; November 9, 2001, effective February
15, 2002]
Rule 1.402 General rules of pleading.
1.402(1) Form and sufficiency. The form and sufficiency of all pleadings shall be determined by
these rules, construed and enforced to secure a just, speedy and inexpensive determination of all
controversies on their merits.
1.402(2) Pleading to be concise and direct; consistency.
a. Each averment of a pleading shall be simple, concise, and direct. No technical forms of
pleadings are required.
b. A party may set forth two or more statements of a claim or defense alternately or hypothetically,
either in one count or defense or in separate counts or defenses. When two or more statements are
made in the alternative and one of them if made independently would be sufficient, the pleading is
not made insufficient by the insufficiency of one or more of the alternative statements. A party may
also state as many separate claims or defenses as the party has regardless of consistency and whether
based on legal or equitable grounds. “Pleadings” as used in these rules do not include motions.
1.402(3) Correcting or recasting pleadings. On its own motion or that of any party, the court may
order any prolix, confused or multiple pleading to be recast in a concise single document within such
time as the order may fix. In like manner, it may order any pleading not complying with these rules
to be corrected on such terms as it may impose.