Update:Iowa Bar Association legislation – Rules of Civil Procedure

Jim Erwin, Landlords of Iowa board member from Mason City, sent along a copy of Iowa Rule of Civil Procedure (1.305), concerning personal service, that is referenced in the Iowa State Bar Association proposed legislation.  I should have sent that along yesterday, but it might be just as well to send it separately, since we’re dealing with a great deal of words.

Thanks Jim!

person. Personal service may be made as follows:

1.305(1)

Upon any individual who has attained majority and who has not been adjudged

incompetent, either by taking the individual’s signed, dated acknowledgment of service endorsed

on the notice, or by serving the individual personally; or by serving, at the individual’s dwelling

house or usual place of abode, any person residing therein who is at least 18 years old, but if such

place is a rooming house, hotel, club or apartment building, a copy may be delivered to such person

who resides with the individual or is either a member of the individual’s family or the manager

or proprietor of such place; or upon the individual’s spouse at a place other than the individual’s

dwelling house or usual place of abode if probable cause exists to believe that the spouse lives at the

individual’s dwelling house or usual place of abode.

1.305(2)

Upon a minor by serving the minor’s conservator or guardian, unless the notice is served

on behalf of such conservator or guardian, or the minor’s parent, or some person aged 18 years or

more who has the minor’s care and custody, or with whom the minor resides, or in whose service the

minor is employed. Where the notice is served on behalf of one who is the conservator or guardian

and the conservator or guardian is the only person who would be available upon whom service could

be made, the court shall appoint, without prior notice to the ward, a guardian ad litem who shall be

served and defend for the minor.

1.305(3)

Upon any person adjudged incompetent but not confined in a state hospital for the

mentally ill, by serving the conservator or guardian, unless the notice is served on behalf of such

conservator or guardian, or that person’s spouse, or some person aged 18 years or more who has that

person’s care and custody, or with whom that person resides. When the notice is served on behalf

of one who is the conservator or guardian and the conservator or guardian is the only person who

would be available upon whom service could be made, the court shall appoint without prior notice

to the ward a guardian ad litem who shall be served and defend for the incompetent person.

1.305(4)

Any person confined in a county care facility, or in any state hospital for the mentally

ill, or any patient in the State University of Iowa hospital or its psychopathic ward, or any patient or

inmate of any institution in the control of a director of a division of the department of human services

or department of corrections or of the United States, may be served by the official in charge of such

institution or that official’s assistant. Proof of such service may be made by the certificate of such

official, if the institution is in Iowa, or that official’s affidavit if it is out of Iowa.

1.305(5)

If any defendant, respondent, or other party is a patient in any state or federal hospital for

the mentally ill, in or out of Iowa, or has been adjudged incompetent and is confined to a county care

December 2009 CIVIL PROCEDURE Ch 1, p.15

facility, the official in charge of such institution or the official’s assistant shall accept service on the

party’s behalf, if in the official’s or assistant’s opinion direct service on the party would cause injury,

which shall be stated in the acceptance.

1.305(6)

Upon a partnership, or an association suable under a common name, or a corporation, by

serving any present or acting or last known officer thereof, or any general or managing agent, or any

agent or person now authorized by appointment or by law to receive service of original notice, or on

the general partner of a partnership.

1.305(7)

If the action, whether against an individual, corporation, partnership or other association

suable under a common name, arises out of or is connected with the business of any office or agency

maintained by the defendant in a county other than where the principal resides, by serving any agent

or clerk employed in such office or agency.

1.305(8)

Upon any city by serving its mayor or clerk.

1.305(9)

Upon any county by serving its auditor or the chair of its board of supervisors.

1.305(10)

Upon any school district, school township or school corporation by serving its president

or secretary.

1.305(11)

Upon the state, where made a party pursuant to statutory consent or authorization for

suit in the manner provided by any applicable statute.

1.305(12)

Upon any individual, corporation, partnership or association suable under a common

name, either as provided in these rules, as provided by any consent to service or in accordance with

any applicable statute.

1.305(13)

Upon a governmental board, commission or agency, by serving its presiding officer,

clerk or secretary.

1.305(14)

If service cannot be made by any of the methods provided by this rule, any defendant

may be served as provided by court order, consistent with due process of law.

[Report 1943; amendment 1945; amended by 58GA, ch152, §201; amended by 62GA, ch 209, §443;

amendment 1974; amendment 1975; 1986 Iowa Acts, H.F. 721, §1; October 31, 1997, effective January 24,

1998; November 9, 2001, effective February 15, 2002; November 22, 2002, effective February 1, 2003]“

Rule