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Ch 1, p.20 CIVIL PROCEDURE December 2010
B. PLEADINGS; FORMAT AND CONTENT
Rule 1.411 Caption and signature.
1.411(1) Required information. Each appearance, notice, motion, or pleading shall be captioned
with the title of the case, naming the court, parties, and instrument, and shall bear the signature,
personal identification number, address, telephone number, and, if available, facsimile transmission
number and e-mail address of the party or attorney filing it. The caption of the first papers filed or
served by or on behalf of any named party shall include the personal identification number of each
named party if available or as soon as is available. The caption of a petition shall state whether the
action is at law or equity. In all subsequent papers filed or served, the caption need name only the
first of several coparties.
1.411(2) Personal identification numbers. In lieu of including social security numbers on
pleadings, parties shall complete a confidential information form available from the clerk of court.
The clerk shall separately file the confidential information forms, and the social security numbers
contained therein shall be confidential and cannot be disclosed except as authorized by federal or
state law.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002;
May 14, 2007, effective July 15, 2007]
Rule 1.412 Paragraphs; separate statements. All averments of claim or defense shall be made in
numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement
of a single set of circumstances; and a paragraph may be referred to by number in all succeeding
pleadings. Each claim founded upon a separate transaction or occurrence and each defense other
than denials shall be stated in a separate count or defense whenever a separation facilitates the clear
presentation of the matters set forth.
[Report 1943; amendment 1976; November 9, 2001, effective February 15, 2002]
Rule 1.413 Verification abolished; affidavits; certification.
1.413(1) Pleadings need not be verified unless special statutes so require and, where a pleading
is verified, it is not necessary that subsequent pleadings be verified unless special statutes so require.
Counsel’s signature to every motion, pleading, or other paper shall be deemed a certificate that:
counsel has read the motion, pleading, or other paper; that to the best of counsel’s knowledge,
information, and belief, formed after reasonable inquiry, it is well grounded in fact and is warranted
by existing law or a good faith argument for the extension, modification, or reversal of existing law;
and that it is not interposed for any improper purpose, such as to harass or cause an unnecessary
delay or needless increase in the cost of litigation. If a motion, pleading, or other paper is not signed,
it shall be stricken unless it is signed promptly after the omission is called to the attention of the
pleader or movant. If a motion, pleading, or other paper is signed in violation of this rule, the court,
upon motion or upon its own initiative, shall impose upon the person who signed it, a represented
party, or both, an appropriate sanction, which may include an order to pay the other party or parties
the amount of the reasonable expenses incurred because of the filing of the motion, pleading, or
other paper, including a reasonable attorney fee. The signature of a party shall impose a similar
obligation on such party.
1.413(2) If a party commencing an action has in the preceding five-year period unsuccessfully
prosecuted three or more actions, the court may, if it deems the actions to have been frivolous, stay
the proceedings until that party furnishes an undertaking secured by cash or approved sureties to pay
all costs resulting to opposing parties to the action including a reasonable attorney fee.
1.413(3) Any motion asserting facts as the basis of the order it seeks, and any pleading seeking
interlocutory relief, shall contain or be accompanied by an affidavit of the person or persons knowing
the facts requisite to such relief. A similar affidavit shall be appended to all petitions which special
statutes require to be verified.
1.413(4) Any pleading, motion, affidavit, or other document required to be verified under Iowa law
may, alternatively, be certified pursuant to Iowa Code section 622.1, using substantially the following
form: