Iowa Code
Iowa Code § 622.85 (2026)
Affidavits — before whom made
✓ current as of July 2026
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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, 75, 77, 79, 81, §622.85] Referred to in §435.26 Perpetuating testimony, R.C.P. 1.721 – 1.728
\nNotes of Decisions
Cited in 10
cases (5 in the last 5 years), 1984–2026 · leading case: State v. Nebinger, 412 N.W.2d 180 (Iowa Ct. App. 1987).
State v. Nebinger, 412 N.W.2d 180 (Iowa Ct. App. 1987). “The affidavits complied with statutory requirements, see Iowa Code § 622.85 (1987), and described the pertinent events with reasonable certainty, which is all that is required.”
State v. Walker, 574 N.W.2d 280 (Iowa 1998). “Iowa Code section 622.85 sets forth the requirements of affidavits.”
State v. Cullen, 357 N.W.2d 24 (Iowa 1984). “1 The Smith and Rallis affidavits were sworn and signed, in conformity with section 622.85 of the Code; the Verpoorten affidavit was not.”
Matter of Est. of Entler, 398 N.W.2d 848 (Iowa 1987). “The language of Iowa Code section 622.85 (1985) requires that an affidavit be “made under oath .”
Teresa Marie Rarick & Richard Dee Rarick v. Wesley Smidt & Des Moines Orthopaedic Surgeons, Pc (Iowa 2026). “Iowa Code § 622.85 ; Miller, 7 N.W.3d at 374–75 (“[I]n order to make an affidavit, there must be present at the same time the officer, the affiant, and the paper, and there must be something done which amounts to the administration of an oath.”
Farmers State Sav. Bank v. J.B.H. Enter., 561 N.W.2d 836 (Iowa Ct. App. 1997). “Only a legal issue then remained to be decided by the court. That issue was whether the document, on the facts presented, was legally sufficient to be determined by the district court to be an affidavit.”
Marlene Banwart & Richard Banwart v. Neurosurgery of North Iowa, P.C., David Beck, M.D., & Thomas Getta, M.D. (Iowa 2025). “” Iowa Code § 622.85 . In Miller, we held that a signed letter on a hospital’s letterhead that did not include a witness’s signature, a sworn oath, or any declaration that that expert signed it under penalty of perjury did not substantially comply with the requirements of § 147.”
Darrin P. Miller, Individually, as of the Est. of Meredith R. Miller, & as Parent, Guardian, & Next of Friend of S.M.M., a Minor v. Catholic Health Initiatives-Iowa, Corp. d/b/a MercyOne Des Moines Med. Ctr., William Nowysz, Joseph Losh, Hijinio Carreon, Noah Pirozzi, Danielle Chamberlain, & Daron Darmening (Iowa 2024). “” Iowa Code § 622.85 ; see also 2A C.J.S. Affidavits § 1, at 245 (2023) (defining an “affidavit” as “a written declaration under oath sworn to before a person with authority under the law to administer oaths”).”
Darrin P. Miller, Individually, as of the Est. of Meredith R. Miller, & as Parent, Guardian, & Next of Friend of S.M.M., a Minor v. Catholic Health Initiatives-Iowa, Corp. d/b/a MercyOne Des Moines Med. Ctr., William Nowysz, Joseph Losh, Hijinio Carreon, Noah Pirozzi, Danielle Chamberlain, & Daron Darmening (Iowa 2024). “” Iowa Code § 622.85 ; see also 2A C.J.S. Affidavits § 1, at 245 (2023) (defining an “affidavit” as “a written declaration under oath sworn to before a person with authority under the law to administer oaths”).”
Charlene Jorgensen & Michael Jorgensen v. Adam B. Smith, M.D., Adam B. Smith, M.D., P.C., & Tri-State Specialists, LLP (Iowa 2026). “See Iowa Code § 622.85 (“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.”
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