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Ch 1, p.28 CIVIL PROCEDURE December 2010
DIVISION V
DISCOVERY AND INSPECTION
Rule 1.501 Discovery methods.
1.501(1) Parties may obtain discovery by one or more of the following methods: depositions upon
oral examination or written questions; written interrogatories; production of documents or things or
permission to enter upon land or other property, for inspection and other purposes; physical and mental
examinations; and requests for admission.
1.501(2) The rules providing for discovery and inspection shall be liberally construed and shall be
enforced to provide the parties with access to all relevant facts. Discovery shall be conducted in good
faith, and responses to discovery requests, however made, shall fairly address and meet the substance
of the request.
1.501(3) Unless the court orders otherwise under rule 1.504, the frequency of use of these methods
is not limited.
1.501(4) A rule requiring a matter to be under oath may be satisfied by an unsworn written
statement in substantially the following form: “I certify under penalty of perjury and pursuant to the
laws of the state of Iowa that the preceding is true and correct.
____________________ ____________________
Date Signature”
[Report 1943; amendment 1957; amendment 1967; amendment 1973; February 13, 1986, effective July 1,
1986; May 28, 1987, effective August 3, 1987; October 31, 1997, effective January 24, 1998; November 9,
2001, effective February 15, 2002]
Rule 1.502 Discovery materials not filed. Unless otherwise ordered by the court, no deposition,
notice of deposition, interrogatory, request for production of documents, request for admission, or
response, document or thing produced, or objection thereto shall be filed with the clerk. Any motion
under rule 1.517 attacking the sufficiency of a response to a discovery request must have a copy of the
request and response attached or the motion may be denied. This rule does not apply to depositions
to perpetuate testimony under rules 1.721 through 1.728.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.503 Scope of discovery. Unless otherwise limited by order of the court in accordance with
the rules in this chapter, the scope of discovery shall be as provided in this division.
1.503(1) In general. Parties may obtain discovery regarding any matter, not privileged, which is
relevant to the subject matter involved in the pending action, whether it relates to the claim or defense
of the party seeking discovery or to the claim or defense of any other party, including the existence,
description, nature, custody, condition and location of any books, documents, or other tangible things
and the identity and location of persons having knowledge of any discoverable matter. It is not ground
for objection that the information sought will be inadmissible at the trial if the information sought
appears reasonably calculated to lead to the discovery of admissible evidence.
Unless otherwise provided in a request for discovery, a request for the production of a “document”
or “documents” shall encompass electronically stored information. Any reference in the rules in this
division to a “document” or “documents” shall encompass electronically stored information.
1.503(2) Insurance agreements. A party may obtain discovery of the existence and contents of
any insurance agreement under which any person carrying on an insurance business may be liable
to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse
for payments made to satisfy the judgment. Information concerning the insurance agreement is not
by reason of disclosure admissible in evidence at trial. For purposes of this rule, an application for
insurance shall not be treated as part of an insurance agreement.
1.503(3) Trial-preparation materials. Subject to the provisions of rule 1.508, a party may
obtain discovery of documents and tangible things otherwise discoverable under rule 1.503(1) and
prepared in anticipation of litigation or for trial by or for another party or by or for that other party’s
representative (including the party’s attorney, consultant, surety, indemnitor, insurer, or agent)
only upon a showing that the party seeking discovery has substantial need of the materials in the
preparation of the case and that the party seeking discovery is unable without undue hardship to
obtain the substantial equivalent of the materials by other means. In ordering discovery of such
materials when the required showing has been made, the court shall protect against disclosure of the