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Iowa Motion to Dismiss

In Iowa you move to dismiss a petition under Iowa R. Civ. P. 1.421(1) within the 20-day answer window.

Introduction

In Iowa you challenge a petition before answering by filing a motion to dismiss as a pre-answer motion under Iowa R. Civ. P. 1.421(1), most often Iowa R. Civ. P. 1.421(1)(f) for failure to state a claim upon which any relief may be granted. Iowa uses its own rule numbering rather than the federal Rule 12(b) scheme, and Rule 1.421(1) lists six lettered matters that may be raised by pre-answer motion: (a) lack of subject-matter jurisdiction, (b) lack of personal jurisdiction, (c) insufficiency of the original notice or its service, (d) to recast or strike, (e) for a more specific statement, and (f) failure to state a claim. Improper venue is raised separately under Rule 1.421(2). The motion shares the answer window: under Iowa R. Civ. P. 1.303(1) you serve a motion or answer within 20 days after service of the original notice and petition, so a pre-answer motion stands in lieu of the answer in that window. A failure-to-state-a-claim motion is decided on the face of the petition; Rule 1.421(6) requires the motion to specify how the pleading is claimed to be insufficient. A supporting brief is optional under Rule 1.431(3), not required. Missing the 20-day window without filing a motion or answer risks a default under Rule 1.971(1). DocDraft drafts an Iowa-formatted motion to dismiss from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Iowa's vehicle is a motion to dismiss raised as a pre-answer motion under Iowa R. Civ. P. 1.421(1) (Defenses; how raised; consolidation; waiver), most commonly Iowa R. Civ. P. 1.421(1)(f) for failure to state a claim upon which any relief may be granted. Iowa uses its own numbering, not the federal Rule 12(b) scheme.

  2. 2

    Rule 1.421(1) lists six lettered matters that may be raised by pre-answer motion: (a) lack of jurisdiction of the subject matter, (b) lack of jurisdiction over the person, (c) insufficiency of the original notice or its service, (d) to recast or strike, (e) for a more specific statement, and (f) failure to state a claim upon which any relief may be granted. Improper venue under rule 1.808 is raised separately by pre-answer motion under Rule 1.421(2).

  3. 3

    The pre-answer motion shares the answer window: under Iowa R. Civ. P. 1.303(1) you serve a motion or answer within 20 days after service of the original notice and petition. The rule lists a motion or answer as alternatives in the same window, so filing a pre-answer 1.421 motion stands in lieu of the answer; failing to file either by day 20 is a default under Rule 1.971(1).

  4. 4

    Rule 1.421(3) forces consolidation: grounds (b) through (f) that exist at the time must be raised in a single pre-answer motion, so you generally get one pre-answer motion per pleading. Under Rule 1.421(4), failing to raise a matter waives it, except lack of subject-matter jurisdiction and failure to state a claim, which are not waived by omission.

  5. 5

    A supporting brief is optional, not required: Rule 1.431(3) provides that a concise memorandum brief citing supporting authorities may be served. What is mandatory is form: Rule 1.431(2) requires each motion to be captioned and signed under Rule 1.411 and to set out the specific points on which it is based, and Rule 1.421(6) requires the motion to specify how the attacked pleading is claimed to be insufficient. Individual judicial-district or local rules may add conference or briefing requirements, so re-confirm the local rule of the filing court.

  6. 6

    The most common ground is Iowa R. Civ. P. 1.421(1)(f), failure to state a claim upon which any relief may be granted. It is decided on the face of the petition: the test looks to whether the petition on its face shows the pleader is entitled to no relief, and Rule 1.421(6) requires the motion to specify how the petition is insufficient.

  7. 7

    File in the Iowa District Court, the court of general civil jurisdiction, with the clerk of the district court in the county where the action is pending. The opposing party has 10 days to file a written resistance under Rule 1.431(4), and the movant may file a reply within 7 days after service of the resistance or before any hearing, whichever is earlier, under Rule 1.431(5).

Key Decisions

Choosing the Grounds for Dismissal

Timing and Strategy

Filing and Serving the Motion

Customize your Motion to Dismiss Template with DocDraft

IN THE IOWA DISTRICT COURT FOR ___________ COUNTY

____________________________, Plaintiff,

 v.                                        Case No. _____________________

____________________________, Defendant.

DEFENDANT'S PRE-ANSWER MOTION TO DISMISS UNDER IOWA R. CIV. P. 1.421(1)

Defendant, ____________________, pursuant to Iowa R. Civ. P. 1.421(1), moves this Court for an order dismissing Plaintiff's Petition. This motion is made as a pre-answer motion and within the time otherwise allowed for the answer under Iowa R. Civ. P. 1.303(1), which provides that a motion or answer is served within 20 days after service of the original notice and petition. Pursuant to Iowa R. Civ. P. 1.421(6), this motion specifies how the Petition is claimed to be insufficient. The specific points on which this motion is based are set out below in accordance with Iowa R. Civ. P. 1.431(2) and 1.411.

GROUNDS FOR DISMISSAL

Defendant moves to dismiss on the following ground(s) under Iowa R. Civ. P. 1.421(1):

____ (a) lack of jurisdiction of the subject matter; ____ (b) lack of jurisdiction over the person; ____ (c) insufficiency of the original notice or its service; ____ (d) to recast or strike; ____ (e) for a more specific statement; ____ (f) failure to state a claim upon which any relief may be granted.

[Improper venue under rule 1.808 is raised separately under Iowa R. Civ. P. 1.421(2). Under Rule 1.421(3), grounds (b) through (f) existing at this time are consolidated into this single pre-answer motion.]

[State the specific facts and basis for each ground checked above, specifying under Rule 1.421(6) how the Petition is claimed to be insufficient.]

SPECIFIC POINTS AND AUTHORITIES

[Set out the specific points on which this motion is based, as required by Iowa R. Civ. P. 1.431(2). A failure-to-state-a-claim motion under Rule 1.421(1)(f) is decided on the face of the Petition, and the test is whether the Petition on its face shows the pleader is entitled to no relief. A concise supporting memorandum brief is optional under Iowa R. Civ. P. 1.431(3) and may be served citing supporting authorities; no statewide page limit is set by Rule 1.421 or 1.431. Check the local rules of the filing court for any additional briefing or conference requirement.]

WHEREFORE, Defendant respectfully requests that this Court dismiss Plaintiff's Petition and grant such other and further relief as the Court deems just.

Respectfully submitted,

[Name] [Address] [Telephone] / [Email] Defendant / Counsel for Defendant

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Motion to Dismiss was served upon ____________________, [Plaintiff / counsel for Plaintiff], at ____________________ by ____________________ [method of service] on this ____ day of ________, 20. The opposing party may file a written resistance within 10 days under Iowa R. Civ. P. 1.431(4).

[Name]

Iowa Requirements for Motion to Dismiss

File within the 20-day answer window

A pre-answer motion to dismiss is filed within the answer window. Under Iowa R. Civ. P. 1.303(1) a motion or answer is served within 20 days after service of the original notice and petition. The rule lists a motion or answer as alternatives in the same window, so the pre-answer 1.421 motion stands in lieu of the answer. Failing to file either by day 20 is a default under Rule 1.971(1).

Calculate your 20 days from the service date

Confirm the date the original notice and petition were served on you. The window runs 20 days from that service date under Iowa R. Civ. P. 1.303(1). The motion must be a pre-answer motion under Rule 1.421(1). Miss the window without filing the motion or an answer and you risk a default under Rule 1.971(1).

Select your Iowa R. Civ. P. 1.421(1) grounds

Identify which of the six lettered matters apply: (a) lack of jurisdiction of the subject matter, (b) lack of jurisdiction over the person, (c) insufficiency of the original notice or its service, (d) to recast or strike, (e) for a more specific statement, or (f) failure to state a claim upon which any relief may be granted. Improper venue under rule 1.808 is raised separately under Rule 1.421(2).

Consolidate grounds (b) through (f) into one pre-answer motion

Under Iowa R. Civ. P. 1.421(3), grounds (b) through (f) that exist at the time must be raised in a single pre-answer motion, so you generally get one pre-answer motion per pleading. Under Rule 1.421(4), failing to raise a matter waives it, except lack of subject-matter jurisdiction and failure to state a claim, which are not waived by omission.

Specify how the petition is insufficient (failure to state a claim)

The most common ground is Iowa R. Civ. P. 1.421(1)(f), failure to state a claim upon which any relief may be granted. It is decided on the face of the petition, and the test is whether the petition on its face shows the pleader is entitled to no relief. Rule 1.421(6) requires the motion to specify how the petition is claimed to be insufficient.

A supporting brief is optional, not required

Under Iowa R. Civ. P. 1.431(3) a concise memorandum brief citing supporting authorities may be served, which makes the brief optional. What is mandatory is form: Rule 1.431(2) requires the motion to be captioned and signed under Rule 1.411 and to set out the specific points on which it is based. No statewide page limit is set by Rule 1.421 or 1.431. Check the local rules of the filing court for any additional requirement.

Plan for the resistance and reply schedule

After the motion is served, the opposing party has 10 days to file a written resistance under Iowa R. Civ. P. 1.431(4). The movant may file a reply within 7 days after service of the resistance or before any hearing, whichever is earlier, under Rule 1.431(5). The trial court rules on all motions within 30 days after submission under Rule 1.431(7).

File in Iowa District Court and serve the other party

File the motion with the clerk of the Iowa District Court, the court of general civil jurisdiction, in the county where the action is pending. E-filing through the Iowa Judicial Branch system is generally required, with limited exceptions for self-represented litigants. Serve a copy on the opposing party and include a certificate of service. Confirm the filing court's local rules.

Frequently Asked Questions

File a written pre-answer motion to dismiss under Iowa R. Civ. P. 1.421(1) before serving your answer, identifying which of the six lettered matters apply. Rule 1.431(2) requires the motion to be captioned and signed under Rule 1.411 and to set out the specific points on which it is based, and Rule 1.421(6) requires it to specify how the petition is claimed to be insufficient. File it with the clerk of the Iowa District Court where the action is pending.

A pre-answer motion is filed within the answer window. Under Iowa R. Civ. P. 1.303(1) you serve a motion or answer within 20 days after service of the original notice and petition. The rule lists a motion or answer as alternatives in the same 20-day window, so filing the pre-answer motion stands in lieu of the answer. Failing to file either by day 20 is a default under Rule 1.971(1).

Iowa R. Civ. P. 1.421(1) lists six matters that may be raised by pre-answer motion: lack of jurisdiction of the subject matter, lack of jurisdiction over the person, insufficiency of the original notice or its service, to recast or strike, for a more specific statement, and failure to state a claim upon which any relief may be granted. Improper venue under rule 1.808 is raised separately under Rule 1.421(2).

No. Under Iowa R. Civ. P. 1.431(3) a concise memorandum brief citing supporting authorities may be served, which makes the brief optional rather than required. The motion itself must be captioned and signed under Rule 1.431(2) and Rule 1.411 and must set out the specific points on which it is based. Individual judicial-district or local rules may impose additional requirements, so check the local rules of the filing court.

Iowa R. Civ. P. 1.431(7) directs the trial court to rule on all motions within 30 days after submission. If a pre-answer 1.421 motion is denied, the case proceeds and a responsive pleading becomes due. The Iowa Rules of Civil Procedure do not set a separate fresh statewide window in Rule 1.421 for answering after a denial, so confirm the deadline in the court's order and the local rules of the filing court.

File in the Iowa District Court, the court of general civil jurisdiction, with the clerk of the district court in the county where the action is pending. E-filing through the Iowa Judicial Branch system is generally required, with limited exceptions for self-represented litigants. Serve a copy on the opposing party, who has 10 days to file a written resistance under Rule 1.431(4).