648.5 Venue — service of original notice — hearing. 1. a. An action for forcible entry and detainer shall be brought in a county where all or part of the premises is located. Such an action shall be tried as an equitable action. Uponreceipt of the petition, the court shall set a date, time, and place for hearing. The court shallset the date of hearing no later than eight days from the filing date, except that the court shallset a later hearing date no later than fifteen days from the date of filing if the plaintiff requestsor consents to the later date of hearing. b. The requirement regarding the setting of the initial hearing in paragraph 'a' is not a jurisdictional requirement and does not affect the court’s subject matter jurisdiction to hearthe action for forcible entry and detainer. 2. Original notice shall be served upon a defendant by one or more of the following methods: a. Delivery evidenced by an acknowledgment of service that is signed and dated by a resident of the premises who is at least eighteen years of age. Delivery under this paragraphshall be deemed to provide notice to all tenants or residents of the premises. at is signed and dated by a resident of the premises who is at least eighteen years of age. Delivery under this paragraphshall be deemed to provide notice to all tenants or residents of the premises. Service oforiginal notice under this paragraph is invalid if the acknowledgment of service is signed anddated less than three days prior to the hearing. b. Personal service pursuant to rule of civil procedure 1.305, Iowa court rules, for the personal service of original notice. Service of original notice under this paragraph shall notoccur less than three days prior to the hearing. c. If service cannot be made following two attempts using a method specified under paragraph 'a' or 'b', by posting on the primary entrance door of the premises and mailingby both regular mail and certified mail, as defined in section 618.15, to the address of thepremises or to the defendant’s last known address, if different from the address of thepremises. An original notice posted according to this paragraph shall be posted not less thanthree days prior to the hearing and shall include the date the original notice was posted.Service of original notice by mailing shall occur not less than three days prior shall be posted not less thanthree days prior to the hearing and shall include the date the original notice was posted.Service of original notice by mailing shall occur not less than three days prior to the hearing. 3. Service of original notice by mail is deemed completed four days after the notice is deposited in the mail and postmarked for delivery, whether or not the recipient signs a receiptfor the original notice. In computing the time for completion of service, the first day shallbe excluded and the final day shall be included regardless of whether the fourth day is aSaturday, Sunday, or federal holiday. 4. If service of original notice is made by posting and mailing under subsection 2, paragraph 'c', the plaintiff shall, at or before the time of the hearing, file one or moreaffidavits describing the time and manner in which the notice was posted and mailed. Theplaintiff shall attach copies of the documents that were mailed and posted to the affidavits. 5. The notice requirements of this section shall be deemed to have been satisfied if the defendant or the defendant’s attorney appears at the hearing. s that were mailed and posted to the affidavits. 5. The notice requirements of this section shall be deemed to have been satisfied if the defendant or the defendant’s attorney appears at the hearing. If the hearing will be held fewerthan three days after service of the original notice or if notice is deemed satisfied pursuantto this subsection, the court shall inform the defendant that the defendant has the right to acontinuance and shall grant a continuance at the defendant’s request to allow the defendantto prepare for the hearing or to retain an attorney. 6. A default judgment shall not be entered against a defendant if original notice has not been served on the defendant as required in this section. If the original notice cannot beserved within the time periods required in this section, the court may set a new hearing dateand time. 7. At the hearing, except for actions commenced as a small claim action under chapter 631, the court shall determine whether a genuine issue of material fact exists in the action.If the court determines that a genuine issue of material fact exists, an evidentiary hearing on Sat Dec 23 12:21:12 2023 Iowa Code 2024, Section 648.5 (23, 0) §648.5, terial fact exists in the action.If the court determines that a genuine issue of material fact exists, an evidentiary hearing on Sat Dec 23 12:21:12 2023 Iowa Code 2024, Section 648.5 (23, 0) §648.5, FORCIBLE ENTRY AND DETAINER 2 the petition shall be held and the court shall continue the hearing to a future date and issueall appropriate orders relating to discovery and trial preparation. [C51, §2367; R60, §3957; C73, §3616; C97, §4211; C24, 27, 31, 35, 39, §12267; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §648.5] 86 Acts, ch 1130, §1; 95 Acts, ch 125, §14; 2004 Acts, ch 1101, §88; 2010 Acts, ch 1017, §9, 11; 2017 Acts, ch 95, §1; 2022 Acts, ch 1070, §19 Referred to in §648.19 Sat Dec 23 12:21:12 2023 Iowa Code 2024, Section 648.5 (23, 0)
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