Iowa Third Party Summons in a Civil Action

State:
Iowa
Control #:
IA-SKU-0133
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Third Party Summons in a Civil Action

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FAQ

707(1) A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action.

Rule 1.715 Deposition subpoena. 1.715(1) On application of any party, or proof of service of a notice to take depositions under rule 1.707 or rule 1.710, the clerk of court where the action is pending shall issue subpoenas for persons named in and described in said notice of application.

A party desiring to take the deposition of any person upon oral examination by telephonic means shall give reasonable notice thereof in writing to every other party to the action.

Any party may move to strike the third-party claim or for its severance or for separate trial. A third-party defendant may proceed under this rule against any person not a party to the action who is or may be liable for all or part of the claim made in the action against the third-party defendant.

Each matter of which an admission is requested shall be separately set forth. A party shall not serve more than 30 requests for admission on any other party except upon agreement of the parties or leave of court granted upon a showing of good cause.

An attorney or party who serves a subpoena ?must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena.? Iowa R. Civ. P. 1.1701(4)(a).

1 Iowa Rule of Civil Procedure 1.707(5) states: A notice or subpoena may name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested.

Iowa Rule of Civil Procedure 1.943 provides that a second voluntary dismissal ?shall operate as an adjudication against that party on the merits, unless otherwise ordered by the court, in the interests of justice.? Merrill and Frescoln do not dispute they understood their second dismissals would be with prejudice.

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Iowa Third Party Summons in a Civil Action