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Ch 1, p.40 CIVIL PROCEDURE December 2010
If a party shows that upon being served with notice under this rule, the party was unable through
the exercise of diligence to obtain counsel to represent the party at the taking of the deposition, the
deposition may not be used against that party.
1.701(3) Enlarging and shortening time. The court may for cause shown enlarge or shorten the
time for taking the deposition.
1.701(4) Recording. The court may upon motion order that the testimony at a deposition be
recorded by other than stenographic means, in which event the order shall designate the manner of
recording, preserving, and filing the deposition, and may include other provisions to ensure that the
recorded testimony will be accurate and trustworthy. If the order is made, a party may nevertheless
arrange to have a stenographic transcription made at the party’s own expense. Leave of court is
not required to record testimony by nonstenographic means if the deposition is also to be recorded
stenographically.
1.701(5) Place of deposition.
a. Oral depositions may be taken only within this state or within 100 miles from the nearest Iowa
point. But, upon motion of the party desiring the deposition, and after hearing on notice to the other
parties, the court may order it orally taken at any other specified place, if the issue is sufficiently
important and the testimony cannot reasonably be obtained by written interrogatories or by deposition
by telephone.
b. If the deponent is a party or the officer, partner or managing agent of a party which is not a
natural person, the deponent shall be required to submit to examination in the county where the action
is pending, unless otherwise ordered by the court.
1.701(6) Failure to attend or serve subpoena; expenses.
a. If the party giving the notice of the taking of a deposition fails to attend and proceed therewith
and another party attends in person or by attorney pursuant to the notice, the court may order the party
giving the notice to pay to such other party the reasonable expenses incurred by the other party and
the other party’s attorney in attending, including reasonable attorney’s fees.
b. If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena
upon the witness and the witness does not attend because of such failure, and if another party attends
in person or by attorney because such other party expects the deposition of that witness to be taken, the
court may order the party giving the notice to pay to such other party the reasonable expenses incurred
by the other party and the other party’s attorney in attending, including reasonable attorney’s fees.
1.701(7) Depositions by telephone. Any deposition permitted by the rules in this chapter may be
taken by telephonic means.
A party desiring to take the deposition of any person upon oral examination by telephonic means
shall give reasonable notice thereof in writing to every other party to the action. Such notice shall
contain all other information required by rule 1.707(1) and shall state that the telephone conference
will be arranged and paid for by the initiating party. No part of the expense for telephone service shall
be taxed as costs.
The person reporting the testimony shall be in the presence of the witness unless otherwise agreed
by all parties.
If any examining party desires to present exhibits to the witness during the deposition, copies shall
be sent to the deponent and the parties prior to the taking of the deposition.
Nothing in this rule shall prohibit a party or counsel from being in the presence of the deponent
when the deposition is taken.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.702 Depositions in small claims. In small claims, depositions may not be taken unless leave
of court is first obtained on notice and showing of just cause therefor and upon such terms as justice
may require.
[Report 1943; amendment 1957; amendment 1973; October 31, 1997, effective January 24, 1998; November
9, 2001, effective February 15, 2002]
COMMENT: The revised rule requires leave of court before any depositions may be taken in a small claims case. The prior rule
required leave of court for discovery depositions and did not address depositions for evidentiary purposes. The distinction between
discovery and evidentiary depositions was previously abolished.
Rule 1.703 Deposition notice to parties in default. A party requiring proof to obtain a judgment
against a defaulted party may take depositions after serving notice on the attorney of record for the