Iowa Code » Chapter 616 — PLACE OF BRINGING ACTIONS
Iowa Code

Iowa Code § 616.17 (2026)

Personal actions

✓ current as of July 2026
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Personal actions, except as otherwise provided, must be brought in a county in which some of the defendants actually reside, but if neither of them have a residence in the state, they may be sued in any county in which either of them may be found. [C51, §1701; R60, §2800; C73, §2586; C97, §3501; C24, 27, 31, 35, 39, §11049; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §616.17] Referred to in §616.20

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Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1949–2023 · leading case: Richards v. Anderson Erickson Dairy Co., 699 N.W.2d 676 (Iowa 2005).
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Richards v. Anderson Erickson Dairy Co., 699 N.W.2d 676 (Iowa 2005). · cites it 20× “Iowa Code § 616.17 In Iowa, there is a long-standing preference for trying cases in the county of a defendant’s residence.”
Tull v. Honda Rsch. & Dev., Ltd., 469 N.W.2d 683 (Iowa 1991). · cites it 32× “They are Iowa Code sections 616.17 and 616.18. Another provision, Iowa Code section 616.”
Johnson v. Nelson, 275 N.W.2d 427 (Iowa 1979). · cites it 17× “18, The Code, 1977, in the county where an underlying civil suit was dismissed, or whether it must be brought under § 616.17 in the county of residence of the defendant lawyer.”
Richard Abernethy v. Jeremiah D. Schmitt, 879 N.W.2d 866 (Iowa Ct. App. 2016). · cites it 8× “We conclude that pursuant to Iowa Code section 616.17 (2013), the petition must be filed in Schmitt’s county of residence, Woodbury County.”
Benton v. Slater, 605 N.W.2d 3 (Iowa 2000). · cites it 14× “Iowa Code § 616.17 . Benton, on the other hand, claims the alleged breach of his contract with Slater occurred in Warren County (where he expected to be paid) thus triggering the exception in section 616.”
Teri Root v. Talton Toney, 841 N.W.2d 83 (Iowa 2013). · cites it 2× “2d at 303 (quoting Iowa Code § 616.17 ) (1946) (emphasis added).”
Slattery v. Iowa Dist. Court for Johnson Cnty., 442 N.W.2d 82 (Iowa 1989). · cites it 6× “” Defendants asserted that Lenore’s claims were controlled by Iowa Code section 616.17 2 and could only be brought in the county “in which some of the Defendants actually reside.”
Becker v. Wright, 540 N.W.2d 250 (Iowa 1995). · cites it 12× “See Iowa Code § 616.17 . Consequently, the district court did not err in granting the defendants’ motion for change of venue.”
Cornell v. Wunschel, 329 N.W.2d 651 (Iowa 1983). · cites it 4× “In transitory actions the preference for venue in the county of defendant’s residence is expressed in Iowa Code §§ 616.17 and 616.18. Section 616.”
Froman v. Keokuk Health Sys., Inc., 755 N.W.2d 528 (Iowa 2008). · cites it 6× “Iowa Code § 616.17 . Although KHS makes no serious claim it would experience hardship if it must defend this suit in Fort Madison rather than in nearby Keokuk, we have previously acknowledged the judicial division of Lee County results in at least a modicum of additional…”
Crumrine v. Neg Micon USA, Inc., 104 F. Supp. 2d 1123 (N.D. Iowa 2000). · cites it 2× “18 is a special venue provision that falls within the “except as otherwise provided” language of the “general” venue statute, Iowa Code § 616.17 ). This action, which involves tort claims for alleged negligence that resulted in the death of the plaintiffs husband, is clearly an…”
Kollman v. McGregor, 39 N.W.2d 302 (Iowa 1949). · cites it 2× “Section 616.17, Code of 1946, requires that personal actions, except as otherwise provided, be brought in the county where defendant actually resides.”
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