Iowa Admin. Code r. 161—9 § 161—9.18
Notice for oral deposition.
Operative Text
9.18(1) Whenever the commission desires to take the deposition of any person upon oral examination, the commission shall give reasonable notice in writing to the deponent and any party who is to be deposed. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs. 9.18(2) If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice. 9.18(3) The notice to a party deponent may be accompanied by a request made in compliance with rules 161--9.12(216) and 161--9.13(216) for the production of documents and tangible things at the taking of deposition. The procedure of rule 161--9.13(216) shall apply to the request. 9.18(4) No subpoena is necessary to require the appearance of a party for a deposition. Service on the party or the party’s attorney of record of notice of the taking of a deposition of the party or of an officer, partner or managing agent of any party who is not a natural person, as provided in 9.18(1), is sufficient to require the appearance of a deponent for the deposition. 9.18(5) A notice or subpoena may name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. In that event, the organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the witness will testify. A subpoena shall advise a nonparty organization of its duty to make such a designation. The persons so designated shall testify as to matters known or reasonably available to the organization. This subrule does not preclude taking a deposition by any other procedure authorized in these rules.
Iowa Admin. Code r. 161—9 § 161—9.18 establishes the procedural requirements the Iowa Civil Rights Commission must follow when it wishes to take oral depositions during an investigation or proceeding. The commission must provide written notice in advance that identifies who will be deposed, when, and where; if documents are also sought, the relevant subpoena or document request must accompany that notice. When an organization—such as a corporation, partnership, or government agency—is named as a deponent, the rule requires the organization itself to designate appropriate representatives to testify on its behalf about matters within the organization's knowledge.
Plain English — not legal advice.
Property owners or management companies involved in a commission proceeding under Iowa Admin. Code r. 161—9 § 161—9.18 should be aware that receiving a written deposition notice carries legal weight even without a formal subpoena. A compliant operator generally ensures that any notice directed to the company is promptly reviewed, that the correct officer or managing agent is identified to appear, and that any attached document requests are handled according to the companion rules referenced in § 161—9.18(3). If the notice names the organization rather than an individual, the organization is responsible for designating one or more qualified representatives to testify about matters reasonably available to it.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants or complainants involved in a commission proceeding should understand that Iowa Admin. Code r. 161—9 § 161—9.18 governs how the Iowa Civil Rights Commission formally arranges to question witnesses under oath. If a party receives a deposition notice, their appearance can be required by that notice alone—no separate subpoena is needed under § 161—9.18(4). Individuals who have questions about what a deposition notice means for their participation in a commission proceeding may wish to consult a tenant-rights organization or seek guidance from a legal aid provider familiar with Iowa civil rights procedures.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation