§ Rule 1.311. Known defendants

Codes > Iowa Rules of Civil Practice and Procedure > Chapter 1 > Division III > Rule 1.311.

Rule 1.311. Known defendants

1.311(1) In every case where service of original notice is made upon a known defendant, respondent, or other party by publication, copy of the notice shall also be sent by ordinary mail addressed to such party at the party's last-known mailing address, unless an affidavit of a party or that party's attorney is filed stating that no mailing address is known and that diligent inquiry has been made to ascertain it.

1.311(2) Such copy of notice shall be mailed by the party, the party's agent or attorney not less than 20 days before the date for motion or answer.

1.311(3) Proof of such mailing shall be by affidavit, and such affidavit or the affidavit referred to in rule 1.311(1) shall be filed before the entry of judgment or decree. The court, in its judgment or decree, or prior thereto, shall make a finding that the address to which such copy was directed is the last-known mailing address, or that no such address is known, after diligent inquiry.