Iowa Code

Iowa Code § 11.52 (2026)

Refusal to testify

✓ current as of July 2026
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Except as otherwise provided in section 679A.19, in case any witness duly subpoenaed refuses to attend, or refuses to produce documents, books, and papers, or attends and refuses to make oath or affirmation, or, being sworn or affirmed, refuses to testify, the auditor of state or the auditor’s designee may apply to the district court, or any judge of said district having jurisdiction thereof, for the enforcement of attendance and answers to questions as provided by law in the matter of taking depositions. 2011 Acts, ch 75, §30; 2023 Acts, ch 103, §5 Procedure for contempt, §622.76, 622.77, 622.84, 622.102, chapter 665\n\nTue Dec 09 22:33:42 2025 Iowa Code 2026, Chapter 11 (64, 1) 15 AUDITOR OF STATE, §11.54

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Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2021–2026 · leading case: Rob Sand, Auditor of the State of Iowa v. John Doe, in His Off. Capacity & Unnamed State Agency, State of Iowa (Iowa 2021).
Rob Sand, Auditor of the State of Iowa v. John Doe, in His Off. Capacity & Unnamed State Agency, State of Iowa (Iowa 2021). · cites it 4× “Iowa Code section 11.52 gives the auditor of state’s subpoena power teeth by providing, In case any witness duly subpoenaed refuses to attend, or refuses to produce documents, books, and papers, or attends and refuses to make oath or affirmation, or, being sworn or affirmed,…”
City of Davenport v. Off. of Auditor of State of Iowa (Iowa 2026). · cites it 3× “We also note that Iowa Code section 11.52 authorizes the Auditor to apply to the district court for enforcement of a subpoena “as provided by law in the matter of taking depositions.”
Auditor of the State of Iowa, Rob Sand v. An Unnamed Local Gov't Risk Pool (Iowa 2023). · cites it 2× “Iowa Code § 11.52 . “A district court will grant a motion to enforce an agency’s subpoena if the subpoena is: ‘(1) within the statutory authority of the agency, (2) reasonably specific, (3) not unduly burdensome, and (4) reasonably relevant to the matters under investigation.”
In re The Representation of the Off. of the Auditor of the State of Iowa (Iowa 2025). “§ 11.52. The Attorney General also has duties prescribed by statute.”
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