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Original notices may be served by any person who is neither a party nor the attorney for a party to the action. A party or party’s agent or attorney may take an acknowledgment of service and deliver a copy of the original notice in connection therewith and may mail a copy of the original notice when mailing is required or permitted under any rule or statute.
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It is a misdemeanor in the State of Iowa to knowingly resist or obstruct the service or execution by any authorized person of any civil or criminal process or order of any court. [Iowa Statuter; Chapter 719: Obstructing Justice, Section 719.1 Interference with Official Acts
Please note that lobbyists are active in the state of Iowa and laws concerning civil procedure and process serving can change. Therefore the information listed below may have been amended. For updated process serving legislation, please visit the Iowa State Legislature website.
Rule 1.302 Original notice; form and service.
A notice to the defendant, respondent, or other party against whom an action has been filed shall be serve in the form and manner provided by this rule...
Rule 1.305 Personal Service
Original notices are "served" by delivering a copy of to the proper person. Personal service may be made as follows:
Rule 1.306 Alternate Method of Service
Service may be made on any such corporation, individual, personal representative, partnership or association in Rule 1.305 within or without the state or, if such service cannot be so made, in any manner consistent with due process of law prescribed by order of the court in which the action is brought.
Nothing herein shall limit or affect the right to serve an original notice upon any corporation, individual, personal representative, partnership or association within or without this state in any manner now or hereafter permitted by statute or rule.
Rule 1.308 Return of Service
1.308(1) Signature, fees.
[court can take judicial of the signatures of sheriffs, deputy sheriffs, peace officers, bailiffs, or marshals]. All other returns... shall be proved by the affidavit of the person making the service. If served in the state of Iowa by a person other than such a peace officer... or in another state by a person other than a sheriff or peace officer, reasonable fees or mileage not to exceed those allowed under Iowa Code section 331.655 shall be taxed at all costs.
1.308(2) Contents.
A return of personal service shall state the time, manner, and place thereof and name the person to whom copy was delivered under Rule 1.305(1) to a person other than the defendant... it must also state the facts showing compliance with said rule.
1.308(4) Proof of service.
The person serving the process shall make proof of service thereof to the court promptly and in any event within the time during which the person served must respond to the process. Failure to make proof of service does not affect the validity of the service.
1.308(5) By mail
Where service includes notice by mail, proof of such mailing shall be by affidavit. The affidavit, with a duplicate copy of the papers referred to in the affidavit attached thereto, shall be forthwith filed with court.
Rule 1.309 Amendment of Process or Proof of Service
The court may allow any process or proof of service thereof to amended at any time in its discretion... unless it clearly appears that material prejudice would result to the substantial rights of the ... [defendant].
Iowa Judicial Code Title 78: Chapter 12a, Process Server Act
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