Rule 1.404 – Appearances

May 13, 2021 | Civil Procedure, Iowa

1. 404(1)By attorney. An attorney making an appearance shall, either by filing written appearance or by signature to the first pleading or motion filed by the attorney, clearly indicate the attorney or attorneys in charge of the case and shall not sign in the name of the firm only. Such appearance shall entitle the attorney to service as provided in rule 1.442.
1. 404(2)Appearance alone. The court shall have no power to treat an appearance as sufficient to delay or prevent a default or any other order which would be made in absence thereof, or of timely pleading. Notice and opportunity to respond to any motion for judgment under rule 1.973(2) shall be given to any party who has appeared.
1. 404(3)Limited appearance. Pursuant to Iowa R. Prof’l Conduct 32:1.2(c), an attorney’s role may be limited to one or more individual proceedings in the action, if specifically stated in a notice of limited appearance filed and served prior to or simultaneously with the proceeding. If the attorney appears at a hearing on behalf of a client pursuant to a limited representation agreement, the attorney shall notify the court of that limitation at the beginning of that hearing.
1. 404(4)Termination of limited appearance. At the conclusion of a proceeding in which an attorney has appeared pursuant to a limited representation agreement, the attorney’s role terminates without the necessity of leave of court upon the attorney’s filing a notice of completion of limited appearance. The notice of completion of limited appearance shall state that the attorney was retained to perform a limited service; shall describe the limited service; shall state that the service has been completed; and shall include the personal identification number, address, telephone number and, if available, facsimile transmission number of the client. The attorney shall serve a copy of the notice on the client and all other parties to the action or their attorneys.

Iowa. R. Civ. P. 1.404

Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002; March 12, 2007, effective May 15, 2007.