Iowa Subpoena
An Iowa witness who asks for fees when subpoenaed and does not get them is not compelled to attend or remain. The rates are $10 a full day, $5 a short day, and 50 cents a mile. Attorney review available.
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Introduction
An Iowa witness who was promised nothing can walk out, and the Code says so in plain words. Under Iowa Code 622.74, witnesses other than parties to the action are entitled to receive in advance, if demanded when subpoenaed, their traveling fees to and from the court together with their fees for one day's attendance, and at the commencement of each day after the first they are further entitled, on demand, to receive the legal fees for that day in advance. The sentence that follows is the one to plan around: if not thus paid, they are not compelled to attend or remain as witnesses. The rates in Iowa Code 622.69 are split by how long the day runs, which few states do: ten dollars for each full day's attendance, five dollars for each attendance less than a full day, plus mileage expenses for each mile actually traveled. That mileage figure is not in the statute. Section 622.69 routes it through Iowa Code 602.1509, which caps reimbursement at a maximum the supreme court establishes, and the Iowa Supreme Court then set it by order at fifty cents per mile for qualifying mileage incurred on or after September 13, 2023. Iowa's distance line is fifty miles and it shows up twice: rule 1.1701(4)(d)(1) makes the court quash a subpoena dragging a nonparty more than 50 miles from where that person lives, works, or regularly does business, and rule 1.715(2) bars subpoenaing an Iowa resident to a deposition more than 50 miles out. DocDraft builds your Iowa subpoena on Forms 13, 14 or 15, with attorney review available before service.
Key Things to Know
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An Iowa subpoena is court process that must state the court it issued from, the title of the action and its docket number, and command the person to attend and testify, produce designated materials, or permit inspection of premises at a specified time and place.
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Iowa pays ten dollars for each full day's attendance and five dollars for each attendance less than a full day, plus mileage expenses for each mile actually traveled (Iowa Code 622.69(1)).
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The mileage figure comes from the bench, not the Code. Section 622.69 routes through Iowa Code 602.1509 to a maximum the supreme court establishes, and the Iowa Supreme Court set it at fifty cents per mile for qualifying mileage incurred on or after September 13, 2023.
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Witnesses other than parties are entitled to traveling fees and one day's attendance fee in advance if demanded when subpoenaed, and to each later day's fees in advance on demand. If not thus paid, they are not compelled to attend or remain as witnesses (Iowa Code 622.74).
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Iowa prescribes three subpoena forms in rule 1.1901: Form 13 to testify at a deposition or produce documents, Form 14 to testify at a hearing or trial, and Form 15 to produce documents or permit inspection (Iowa R. Civ. P. 1.1701(1)(e)).
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The clerk must issue an Iowa subpoena signed but otherwise in blank on oral or written request, and an attorney licensed or otherwise authorized to practice law in Iowa may also issue and sign one as an officer of the court (Iowa R. Civ. P. 1.1701(2)).
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On timely motion the court must quash or modify a subpoena requiring a person who is neither a party nor a party's officer to travel more than 50 miles from where that person resides, is employed, or regularly transacts business in person, except that a person may be ordered to attend trial anywhere in the state where served (Iowa R. Civ. P. 1.1701(4)(d)(1)).
Key decisions before you file
Before you file a Subpoena in Iowa, a few decisions shape the document: which option to choose and what each one means. The Subpoena guide walks through them.
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Iowa Requirements for Subpoena
Split Day Rate: $10 Full Day, $5 Shorter Day
Witnesses shall receive ten dollars for each full day of attendance and five dollars for each attendance less than a full day (section 622.69(1), Iowa Code). Few states price a partial day separately. Fees received by an inmate in the custody of the department of corrections go to restitution owed or to the crime victim compensation program.
Mileage of 50 Cents a Mile, Set by Court Order
Section 622.69 pays mileage for each mile actually traveled pursuant to section 602.1509, which caps expenses at a maximum the supreme court establishes. The Iowa Supreme Court set that figure at fifty cents per mile for qualifying mileage incurred on or after September 13, 2023. A later order can change it, so confirm the current rate.
Fees in Advance on Demand, or No Compulsion
Witnesses other than parties are entitled to receive in advance, if demanded when subpoenaed, their traveling fees to and from the court with their fees for one day of attendance, and each later day on demand at the start of that day. If not thus paid, they are not compelled to attend or remain as witnesses (section 622.74, Iowa Code).
Forms 13, 14 and 15 of Rule 1.1901
Iowa prescribes three subpoena forms: Form 13, Subpoena Form to Testify at Deposition or Produce Documents; Form 14, Subpoena Form to Testify at Hearing or Trial; and Form 15, Subpoena Form to Produce Documents or Permit Inspection (Iowa R. Civ. P. 1.1701(1)(e), rule 1.1901). The subpoena must also set out the text of rules 1.1701(4) and 1.1701(5).
Clerk Issues It Blank, or an Iowa Attorney Signs
The clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it orally or in writing, and that party completes it before service. An attorney licensed or otherwise authorized to practice law in Iowa may also issue and sign one as an officer of the court (Iowa R. Civ. P. 1.1701(2)). Section 622.63 has the clerk issue under the seal of the court on application.
Notice to Each Party Before a Pre-Trial Records Subpoena
If the subpoena commands production of documents, electronically stored information, or tangible things, or inspection of premises before trial, then before it is served a notice must be served on each party (Iowa R. Civ. P. 1.1701(3)(a)). Iowa attaches no day count; the duty is to notify the parties first and serve second.
Fifty Mile Limit, and the Deposit That Extends It
On timely motion the court must quash or modify a subpoena requiring a person who is neither a party nor a party officer to travel more than 50 miles from where that person resides, is employed, or regularly transacts business, except for trial attendance anywhere in the state where served (Iowa R. Civ. P. 1.1701(4)(d)(1)). Rule 1.715(2) bars a deposition more than 50 miles out for an Iowa resident. Section 622.67 lets the court extend that reach on deposit of the fee and mileage with the clerk.
Fourteen Days to Object, Then Contempt
A person commanded to produce may serve a written objection before the earlier of the compliance time or 14 days after service, after which the serving party must move for an order compelling production (Iowa R. Civ. P. 1.1701(4)(b)(2)). The issuing court may hold in contempt a person who, having been served and if necessary provided fees and traveling expenses, fails without adequate excuse to obey, but a nonparty failure must be excused beyond the 50-mile limit (rule 1.1701(7)).