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IA · rules

Iowa R. Civ. P. 1.808

Action brought in wrong county

activein force · 2002-02-15 – presentact-effective-date

1.808(1) An action brought in the wrong county may be prosecuted there until termination, unless

a defendant, before answer, moves for change to the proper county. Thereupon the court shall order

the change at plaintiff’s costs, which may include reasonable compensation for defendant’s trouble

and expense, including attorney’s fees, in attending in the wrong county.

1.808(2) If all such costs are not paid within 20 days of the transfer order, the action shall be

dismissed. Upon payment of the costs, the clerk shall forthwith transmit to the proper court the

transcript of the proceedings, with any original papers, an authenticated copy of which shall be

retained. The case shall be docketed in the second court without fee and shall proceed.

History

[Report 1943; November 30, 1993, effective July 1, 1994; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]

Provenance

Source
www.legis.iowa.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
dacab8b005dc4f0af39d2a235cb7ec60a95ce2dd7e626e7753e149aa2a31cc6d
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Iowa R. Civ. P. 1.808 — Action brought in wrong county · binding.law