Iowa Ct. R. 36.5

36.5(1) Upon the filing of a complaint, the grievance commission clerk must serve a written

notice of the complaint, a copy of the complaint, and a copy of chapter 36 of the Iowa Court

Rules upon the respondent.

36.5(2) The grievance commission clerk may serve notice of the complaint by personal

service in the manner of an original notice in civil suits or by restricted certified mail to the

respondent’s last address as shown by records accessible to the supreme court. The notice must

inform the respondent of the 20-day period following completed service of the notice to file a

written answer to the complaint. Written return of service must be made by the person making the

service if by personal service, or by the grievance commission clerk with postal receipts attached

to the return if by restricted certified mail, and the return of service must be filed. Service is

complete on the date of personal service or on the date shown by the postal receipt of delivery

of the notice to the respondent or refusal of the respondent to accept delivery. The notice is

sufficient if it substantially complies with the form that accompanies these rules.

36.5(3) If service cannot be obtained pursuant to rule 36.5(2), the grievance commission clerk

may serve notice of the complaint on the supreme court clerk, who is appointed to receive service

on behalf of attorneys subject to Iowa’s disciplinary authority. Iowa R. Prof’l Conduct 32:8.5

cmt. [1]. Service upon the supreme court clerk is deemed to be completed service of the notice

on the respondent. Simultaneously with serving notice on the supreme court clerk, the grievance

commission clerk must forward the notice and a copy of the complaint to the respondent by

restricted certified mail to the respondent’s last address as shown by records accessible to the

supreme court. The notice must instruct the respondent to file a written answer to the complaint

within 20 days after completed service of the notice. The grievance commission clerk must file

with the supreme court clerk an affidavit attesting that notice was sent to the respondent by

restricted certified mail.

COMMENT:

Rule 36.5 formerly appeared as Iowa Court Rule 36.6. It is amended to conform an internal reference to the new rule

numbers.