1. 972(1)Entry. If a party not under legal disability or not a prisoner in a reformatory or penitentiary is in default under rule 1.971(1) or 1.971(2), the clerk shall enter that party’s default in accordance with the procedures set forth in this rule without any order of court. All other defaults shall be entered by the court.1. 972(2)Application. Requests for entry of default under rule 1.972(1) shall be by written application to the clerk of the court in which the matter is pending. No default shall be entered unless the application contains a certification that written notice of intention to file the written application for default was given after the default occurred and at least ten days prior to the filing of the written application for default. A copy of the notice shall be attached to the written application for default. If the certification is filed, the clerk on request of the adverse party must enter the default of record without any order of court.1. 972(3)Notice.a. To the party. A copy of the notice of intent to file written application for default shall be sent by ordinary mail to the last known address of the party claimed to be in default. No other notice to a party claimed to be in default is required.b. Represented party. When a party claimed to be in default is known by the party requesting the entry of default to be represented by an attorney, whether or not that attorney has formally appeared, a copy of notice of intent to file written application for default shall be sent by ordinary mail to the attorney for the party claimed to be in default. This rule shall not be construed to create any obligation to undertake any affirmative effort to determine the existence or identity of counsel representing the party claimed to be in default.c. Computation of time. The ten-day period specified in rule 1.972(2) shall begin from the date of mailing notice, not the receipt thereof.d. Form of notice. The notice required by rule 1.972(2) shall be substantially as set forth in rule 1.1901, Form 10.1. 972(4)Applicability. The notice provisions of this rule shall not apply to a default sought and entered in the following cases:
a. Any case prosecuted under small claims procedure.b. Any forcible entry and detainer case, whether or not placed on the small claims docket.c. Any juvenile proceeding.d. Against any party claimed to be in default when service of the original notice on that party was by publication.
Iowa. R. Civ. P. 1.972
Report 1943; October 31,1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002.
