Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

A volunteer fire fighter, as defined in section 85.61 , who is subpoenaed to appear as a witness in connection with a matter regarding an event or transaction which the fire fighter perceived or investigated in the course of duty as a volunteer fire fighter, shall receive reasona…

Witnesses called to testify only to an opinion founded on special study or experience in any branch of science, or to make scientific or professional examinations and state the result thereof, shall receive additional compensation, to be fixed by the court, with reference to the …

Witnesses, except parties to the action, are entitled to receive in advance, if demanded when subpoenaed, their traveling fees to and from the court, with their fees for one day’s attendance. At the commencement of each day after the first, they are further entitled, on demand, t…

When a county or city or any party has paid the fees of any witness, and the same is afterward collected from the defendant or adverse party, the county, city, or person so paying the same shall, upon the production of the receipt of such witness or other satisfactory evidence, b…

For a failure to obey a valid subpoena without a sufficient cause or excuse, or for a refusal to testify after appearance, the delinquent is guilty of a contempt of court and subject to be proceeded against by attachment. The delinquent is also liable to the party by whom the del…

Before a witness is so liable for a contempt for not appearing, the witness must be served personally with the process, by reading it to the witness, and leaving a copy thereof with the witness, if demanded, and it must be shown that the fees and traveling expenses allowed by law…

If a witness hides, or in any manner attempts to avoid being personally served with a subpoena, any sheriff having the subpoena may use all necessary and proper means to serve the same, and may for that purpose break into any building or other place where the witness is to be fou…

In addition to the remedies provided in sections 622.76 through 622.78 , if a party to an action in the party’s own right, on being duly subpoenaed, fails to appear and give testimony, the other party may, at the other party’s election, have a continuance of the cause at the cost…

In all civil and criminal cases the husband and wife may be witnesses for each other. [C51, §2391; R60, §3983; C73, §3641; C97, §4606; S13, §4606; C24, 27, 31, 35, 39, § 11261; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §622.8 ]

If the delinquent party shows by the party’s own testimony, or otherwise, that the party could not have a full personal knowledge of the transaction, the court may order the party’s pleading to be taken as true; subject to be reconsidered by the court within a reasonable time the…

Any officer or board authorized to hear evidence shall have authority to subpoena witnesses and compel them to attend and testify, in the same manner as officers authorized to take depositions. [C97, §4669; C24, 27, 31, 35, 39, § 11338; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79…

A person confined in a penitentiary or jail in the state may, by order of any court of record, be required to be produced for oral examination in the county where the person is imprisoned, and in a criminal case in any county in the state; but in all other cases the person’s exam…

While a prisoner’s deposition is being taken, the prisoner shall remain in the custody of the officer having the prisoner in charge, who shall afford reasonable facilities for the taking thereof. [R60, §4020; C73, §3679; C97, §4671; C24, 27, 31, 35, 39, § 11340; C46, 50, 54, 58, …

1. When, by the laws of this or any other state or country, testimony may be taken in the form of depositions to be used in any of the courts thereof, the person authorized to take the depositions may issue subpoenas for witnesses, which must be served by the same officers and re…

An affidavit is a written declaration made under oath, without notice to the adverse party, before any person authorized to administer oaths within or without the state. [R60, §4030, 4035; C73, §3689, 3690; C97, §4673; C24, 27, 31, 35, 39, § 11342; C46, 50, 54, 58, 62, 66, 71, 73…

An affidavit taken out of the state before any judge or clerk of a court of record, or before a notarial officer as provided in chapter 9B , or a commissioner appointed by the governor of this state to take acknowledgment of deeds in the state where the affidavit is taken, are of…

When a person is desirous of obtaining the affidavit of another who is unwilling to make the same fully, the person may apply by petition to any officer competent to take depositions, stating the object for which the person desires the affidavit. [C51, §2480; R60, §4038; C73, §36…

If the officer is satisfied that the object is legal and proper, the officer shall issue a subpoena to bring the witness before the officer, and, if the witness fails then to make a full affidavit of the facts within the witness’ knowledge to the extent required of the witness by…

The officer may, in the officer’s discretion, require notice of the taking of such affidavit or deposition to be given to any person interested in the subject matter, and allow the person to be present and cross-examine such witness. [C51, §2482; R60, §4040; C73, §3694; C97, §467…

Neither husband nor wife can be examined in any case as to any communication made by the one to the other while married, nor shall they, after the marriage relation ceases, be permitted to reveal in testimony any such communication made while the marriage subsisted. [C51, §2392; …

The court or officer to whom any affidavit is presented as a basis for some action, in relation to which any discretion is lodged with such court or officer, may require the witness to be brought before it or the officer and submit to a cross-examination by the opposite party. [C…

The signature and seal of such officers as are authorized to take depositions or affidavits, having a seal, and the simple signature of such as have no seal, are presumptive evidence of the genuineness thereof, as well as of the official character of the officer, except as otherw…

Publications required to be made in a newspaper may be proved by the affidavit of any person having knowledge of the fact, specifying the times when and the paper in which the publication was made, but such affidavit must be made within six months after the last day of publicatio…

Proof of the publication of the filing in the district court of the petitions as provided for in section 618.13 and a charge on the basis of one dollar for each petition shall be made once each month by the publisher, presented to the clerk of the district court for verification …

The posting up or service of any notice or other paper required by law may be proved by the affidavit of any competent witness attached to a copy of said notice or paper, and made within six months of the time of such posting up. [C51, §2428; R60, §4043; C73, §3698; C97, §4681; C…

Any other fact which is required to be shown by affidavit, and which may be required for future use in any action or other proceeding, may be proved by pursuing the course above indicated, as nearly as the circumstances of the case will admit. [C51, §2429; R60, §4044; C73, §3699;…

Proof so made may be perpetuated and preserved for future use by filing the papers above mentioned in the office of the clerk of the district court of the county where the act is done. The original affidavit appended to the notice or paper, if there is one, and, if not, the affid…

The original shorthand notes of the evidence or any part thereof heretofore or hereafter taken upon the trial of any cause or proceeding, in any court of record of this state, by the shorthand reporter of such court, or any transcript thereof, duly certified by such reporter, whe…

No portion of the transcript of the shorthand notes of the evidence of any witness shall be admissible as such deposition, unless it shall appear from the certificate or verification thereof that the whole of the shorthand notes of the evidence of such witness, upon the trial or …

It shall be the duty of any such reporter, upon demand by any party to any cause or proceeding, or by the attorney of such party, when such shorthand notes are offered in evidence, to read the same before the court, judge, referee, or jury, or to furnish to any person when demand…

As used in this chapter , unless the context otherwise requires: 1. “Administrative agency” means any department, board, commission, or agency of the state or any political subdivision of the state. 2. “Interpreter” means a person who transfers the meaning of spoken or written wo…

1. A limited-English-proficient person who is a party to any legal proceeding or a witness therein, shall be entitled to an interpreter to assist such person throughout the proceeding. 2. A limited-English-proficient person who is a party to any legal proceeding shall be entitled…

1. An interpreter or translator shall be appointed without expense to a limited-English-proficient person in the following cases: a. If the person requiring assistance is a witness in the civil legal proceeding. b. If the person requiring assistance is indigent and financially un…

Every interpreter appointed by a court or administrative agency shall receive a fee to be set by the court or administrative agency. [C71, 73, 75, 77, 79, 81, §622A.4 ] 99 Acts, ch 144, §9 ; 2021 Acts, ch 77, §7

Every interpreter and translator in any legal proceeding shall take an oath consistent with the rules the supreme court adopts under this chapter . [C71, 73, 75, 77, 79, 81, §622A.5 ] 2021 Acts, ch 77, §8

Any court or administrative agency may inquire into the qualifications, neutrality, and integrity of any interpreter or translator, and may disqualify any person from serving as an interpreter or translator. [C71, 73, 75, 77, 79, 81, §622A.6 ] 2021 Acts, ch 77, §9

The supreme court, after consultation with the department of health and human services and other appropriate departments, shall adopt rules governing the qualifications and compensation of interpreters or translators appearing in legal proceedings under this chapter . However, an…

An electronic recording of the portion of proceedings where non-English testimony is given shall be made and maintained for one year after the entry of the final disposition or sentence or, if the final judgment is appealed, until one year after the final disposition of the appea…

Communications between a limited-English-proficient person and a third party which are privileged under chapter 622 in which an interpreter or translator participates as an interpreter or translator shall be privileged with regard to the interpreter or translator. 2021 Acts, ch 7…

1. As used in this chapter , unless the context otherwise requires: a. “Administrative agency” means any department, board, commission, or agency of the state or any political subdivision of the state. b. “Deaf person” means an individual who uses sign language as the person’s pr…

If a deaf or hard-of-hearing person is a party to, a witness at, or a participant in a proceeding before a grand jury, court, or administrative agency of this state, the court or administrative agency shall appoint a sign language interpreter without expense to the deaf or hard-o…

When a deaf or hard-of-hearing person is entitled to a sign language interpreter, the deaf or hard-of-hearing person shall notify the presiding official within three days after receiving notice of the proceeding, stating the disability and requesting the services of a sign langua…

The department of health and human services shall prepare and continually update a listing of qualified and available sign language interpreters. The courts and administrative agencies shall maintain a directory of qualified interpreters for deaf and hard-of-hearing persons as fu…

Before participating in a proceeding, a sign language interpreter shall take an oath that the sign language interpreter will make a true interpretation in an understandable manner to the person for whom the sign language interpreter is appointed and that the sign language interpr…

Communication between a deaf or hard-of-hearing person and a third party which is privileged under chapter 622 in which the sign language interpreter participates as a sign language interpreter shall be privileged to the sign language interpreter. [ C81, §622B.6 ] 93 Acts, ch 75,…

A sign language interpreter appointed under this chapter is entitled to a reasonable fee and expenses as determined by the rules applying to that proceeding. This schedule shall be furnished to all courts and administrative agencies and maintained by them. If the sign language in…