Iowa Motion for Summary Judgment
Iowa requires only 20 calendar days' notice from the date the motion is filed to the hearing or nonoral submission, gives the resisting party 15 calendar days from service to file a resistance, plus 3 more calendar days if served by mail, e-mail, or fax, and generally requires the motion be filed at least 60 days before trial, under Iowa Rule of Civil Procedure 1.981.
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Introduction
In Iowa, a motion for summary judgment is governed by Iowa Rule of Civil Procedure 1.981. Once the motion is filed, the court must fix a hearing or nonoral submission date not less than 20 calendar days after the filing date, unless the court orders a shorter time, and rule 1.981 expressly allows the motion to be decided entirely on the papers, through nonoral submission, rather than at an in-person hearing (Iowa R. Civ. P. 1.981(3)). The party resisting the motion, the party who was served with it, must file a resistance within 15 calendar days from the date the motion was served, unless the court orders otherwise, and 3 more calendar days are added if the motion was served by mail, e-mail, or fax (Iowa R. Civ. P. 1.981(3); 1.443(2)). Rule 1.981 supplies no separate reply deadline; it provides only for a motion and a resistance. A claimant, such as a plaintiff, counterclaimant, cross-claimant, or a party seeking declaratory judgment, may move for summary judgment at any time after the appearance day or after the adverse party has filed its own summary judgment motion, while a defending party may move at any time (Iowa R. Civ. P. 1.981(1)-(2)). The motion must generally be filed not less than 60 days before the date the case is set for trial, unless the court orders otherwise; in an expedited civil action under rule 1.281, for claims totaling $75,000 or less, the deadline is instead 90 days before trial and the motion may be brought only on one of six enumerated grounds. Summary judgment is granted if the record shows there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law, using Iowa's own longstanding wording rather than the newer 'genuine dispute' phrasing found in the federal rule (Iowa R. Civ. P. 1.981(3)). Once the moving party makes a properly supported showing, the resisting party may not rest on the pleadings; the resistance must set forth specific facts showing a genuine issue for trial (Iowa R. Civ. P. 1.981(5)). The moving party must annex to the motion a separate, short and concise statement of the material facts it contends are not genuinely disputed, with specific references to the record, along with a memorandum of authorities; the resistance must include a statement of any disputed facts and its own memorandum of authorities, and any resistance affidavits must be filed with the resistance (Iowa R. Civ. P. 1.981(3), (8)). Affidavits from either side must be made on personal knowledge, set forth admissible facts, show the affiant's competence to testify, and attach sworn or certified copies of any referenced papers (Iowa R. Civ. P. 1.981(5)). Judgment may be entered on all or any part of a claim, including on liability alone while damages remain disputed, and when the whole case is not resolved the court may enter an order specifying which facts are established without substantial controversy for use at trial (Iowa R. Civ. P. 1.981(1)-(4)). Iowa Rules of Civil Procedure 1.982-1.983 create a separate, narrower motion-on-motion procedure, with only 10 days' notice of hearing, for specific relationships such as a surety against a principal or contribution among joint tortfeasors, and it is not a general no-evidence device. Summary judgment is technical and is often lost on procedure rather than the merits. A motion that draws no resistance is not automatically granted; rule 1.981(5) still requires the court to find summary judgment appropriate before entering it. Attorney review is available before filing or responding. A motion to dismiss and a motion to set aside a default are separate procedures, covered on DocDraft's own pages for those topics, and this page covers Iowa state trial court practice only, not a motion for summary judgment in federal court under Federal Rule of Civil Procedure 56.
Key Things to Know
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The court must set the hearing or nonoral submission at least 20 calendar days after the motion is filed, and the party resisting the motion must file a resistance within 15 calendar days after being served, plus 3 more calendar days if served by mail, e-mail, or fax (Iowa R. Civ. P. 1.981(3); 1.443(2)).
- 2
If you were served with an Iowa summary judgment motion, your 15-calendar-day resistance clock runs forward from the date of service, not backward from any hearing date, and your resistance must include a statement of any disputed facts and a memorandum of authorities (Iowa R. Civ. P. 1.981(3)).
- 3
An Iowa summary judgment motion that draws no resistance is not automatically granted. Rule 1.981(5) still requires the court to find that summary judgment is appropriate, even though it also warns that the court may enter judgment against a resisting party who fails to set forth specific facts showing a genuine issue for trial.
- 4
Iowa's standard still uses the older 'no genuine issue as to any material fact' wording rather than the modern 'genuine dispute' language, and the moving party is entitled to judgment as a matter of law once that showing is made (Iowa R. Civ. P. 1.981(3)).
- 5
The motion must annex a separate, short and concise statement of material facts with specific record citations, and any affidavits must be on personal knowledge, set forth admissible facts, show the affiant's competence to testify, and attach sworn or certified copies of referenced papers (Iowa R. Civ. P. 1.981(5), (8)).
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The motion generally must be filed at least 60 days before trial, unless the court orders otherwise; in an expedited civil action under rule 1.281, for claims totaling $75,000 or less, the deadline is 90 days before trial and only six enumerated grounds are permitted. Rule 1.981 also lets the court decide the motion on nonoral submission instead of a hearing.
- 7
Judgment may be entered on all or part of a claim, including on liability alone while damages remain disputed. A motion to dismiss, a motion to set aside a default, and a motion for summary judgment in federal court are different procedures not covered on this page.
Key decisions before you file
Before you file a Motion for Summary Judgment in Iowa, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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Iowa Requirements for Motion for Summary Judgment
20-Day Notice From Filing To Hearing Or Submission
The court must set the hearing or nonoral submission date not less than 20 calendar days after the motion is filed, unless the court orders a shorter time, with the clock running forward from filing rather than backward from the hearing (Iowa R. Civ. P. 1.981(3)).
15-Day Resistance Deadline, Plus 3 Days For Mail, E-mail, Or Fax
The resisting party must file a resistance within 15 calendar days after service of the motion, unless the court orders otherwise, plus 3 more calendar days if the motion was served by mail, e-mail, or fax (Iowa R. Civ. P. 1.981(3); 1.443(2)).
60-Day Filing Cutoff Before Trial
The motion generally must be filed not less than 60 days before the date the case is set for trial, unless the court orders otherwise (Iowa R. Civ. P. 1.981).
90-Day Filing Cutoff For Expedited Civil Actions
In an expedited civil action under rule 1.281, for claims totaling $75,000 or less, the motion must be filed not later than 90 days before trial, and only six enumerated grounds are permitted (Iowa R. Civ. P. 1.281(3)(b)).
Separate Statement Of Material Facts Annexed To The Motion
The moving party must annex to the motion a separate, short and concise statement of the material facts it contends are not genuinely disputed, with specific references to the record, plus a memorandum of authorities (Iowa R. Civ. P. 1.981(8)).
Resistance Must State Disputed Facts And Authorities
The resistance must include a statement of any disputed facts and a memorandum of authorities, and any resistance affidavits must be filed together with the resistance (Iowa R. Civ. P. 1.981(3)).
Affidavits Must Meet Personal-Knowledge Requirements
Affidavits from either side must be made on personal knowledge, set forth admissible facts, show the affiant's competence to testify, and attach sworn or certified copies of any referenced papers (Iowa R. Civ. P. 1.981(5)).
Nonoral Submission Permitted In Lieu Of A Hearing
Iowa Rule of Civil Procedure 1.981(3) allows the motion to be decided on nonoral submission rather than at an oral hearing. The rule does not say whether a party can insist on an oral hearing.
Partial Judgment And Facts Established Without Substantial Controversy
Judgment may be entered on all or any part of a claim, including on liability alone while damages remain disputed, and the court may specify which facts are established without substantial controversy for use at trial when the whole case is not resolved (Iowa R. Civ. P. 1.981(1)-(4)).