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Rule 1.310 – Service by publication; what cases

May 13, 2021 | Civil Procedure, Iowa

After filing an affidavit that personal service cannot be had on an adverse party in Iowa, the original notice may be served by publication, in any action brought for the following:

1. 310(1) For recovery of real property or any estate or interest therein.
1. 310(2) For the partition of real or personal property in Iowa.
1. 310(3) To foreclose a mortgage, lien, encumbrance or charge on real or personal property.
1. 310(4) For specific performance of a contract for sale of real estate.
1. 310(5) To establish, set aside or construe a will, if defendant, respondent, or other party resides out of Iowa, or if the residence is unknown.
1. 310(6) Against a nonresident of Iowa or a foreign corporation which has property, or debts owing to it in Iowa, sought to be taken by any provisional remedy, or appropriated in any way.
1. 310(7) Against any defendant, respondent, or other party who, being a nonresident of Iowa, or a foreign corporation, has or claims any actual or contingent interest in or lien on real or personal property in Iowa which is the subject of such action, or to which it relates; or where the action seeks to exclude such defendant, respondent, or other party from any lien, interest or claim therein.
1. 310(8) Against any resident of the state who has departed therefrom, or from the county of defendant’s, respondent’s or other party’s residence, with intent to delay or defraud creditors, or to avoid service, or a defendant, respondent or other party who keeps concealed with like intent.
1. 310(9) For dissolution of marriage or separate maintenance or to modify a decree in such action, or to annul an illegal marriage, against a party who is a nonresident of Iowa or whose residence is unknown.
1. 310(10) To quiet title to real estate, against a party who is a nonresident of Iowa, or whose residence is unknown.
1. 310(11) Against a partnership, corporation or association suable under a common name, when no person can be found on whom personal service can be made.
1. 310(12) To vacate or modify a judgment or for a new trial under rules 1.1012 and 1.1013.

Iowa. R. Civ. P. 1.310

Report 1943; amendment 1945; Report 1978, effective July 1, 1979; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002.