IA · rules
Iowa R. Civ. P. 1.413
Verification abolished; affidavits; certification
1.413(1) Pleadings need not be verified unless special statutes so require and, where a pleading
is verified, it is not necessary that subsequent pleadings be verified unless special statutes so require.
Counsel’s signature to every motion, pleading, or other paper shall be deemed a certificate that:
counsel has read the motion, pleading, or other paper; that to the best of counsel’s knowledge,
information, and belief, formed after reasonable inquiry, it is well grounded in fact and is warranted
by existing law or a good faith argument for the extension, modification, or reversal of existing law;
and that it is not interposed for any improper purpose, such as to harass or cause an unnecessary
delay or needless increase in the cost of litigation. If a motion, pleading, or other paper is not signed,
it shall be stricken unless it is signed promptly after the omission is called to the attention of the
pleader or movant. If a motion, pleading, or other paper is signed in violation of this rule, the court,
upon motion or upon its own initiative, shall impose upon the person who signed it, a represented
party, or both, an appropriate sanction, which may include an order to pay the other party or parties
the amount of the reasonable expenses incurred because of the filing of the motion, pleading, or other
paper, including a reasonable attorney fee. The signature of a party shall impose a similar obligation
on such party. This rule does not apply to disclosures, discovery requests, responses, objections, and
motions under rules 1.500 through 1.517, which are governed by rule 1.503(6).
1.413(2) If a party commencing an action has in the preceding five-year period unsuccessfully
prosecuted three or more actions, the court may, if it deems the actions to have been frivolous, stay
the proceedings until that party furnishes an undertaking secured by cash or approved sureties to pay
all costs resulting to opposing parties to the action including a reasonable attorney fee.
1.413(3) Any motion asserting facts as the basis of the order it seeks, and any pleading seeking
interlocutory relief, shall contain or be accompanied by an affidavit of the person or persons knowing
the facts requisite to such relief. A similar affidavit shall be appended to all petitions which special
statutes require to be verified.
1.413(4) Any pleading, motion, affidavit, or other document required to be verified under Iowa law
may, alternatively, be certified pursuant to Iowa Code section 622.1, using 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”
History
[Report 1943; amendment 1945; Report January 21, 1986, effective April 1, 1986; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002; August 28, 2014, effective January 1, 2015]
Provenance
- Source
- www.legis.iowa.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
7cae17592a05589cd3f7b8769482b650fe21f68bde1c0113b696c874fbe3a09f
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