Iowa Code » Chapter 633 — PROBATE CODE
Iowa Code

Iowa Code § 633.705 (2026)

Taking testimony in another state

✓ current as of July 2026
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1. In addition to other procedures that may be available in a guardianship or protective proceeding, the testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.

2. In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.

3. Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing shall not be excluded from evidence on an objection based on the best evidence rule. 2010 Acts, ch 1086, §6, 24, 25 \n

Notes of Decisions
Cited in 4 cases, 1981–2007 · leading case: In Re Est. of Anton, 731 N.W.2d 19 (Iowa 2007).
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In Re Est. of Anton, 731 N.W.2d 19 (Iowa 2007). · cites it 14× “The district court determined that although Mary’s mental abilities were diminishing over the last months of her life and by October 2003 she was suffering from dementia, these facts were irrelevant due to Iowa Code section 633.705(1) (2003), which provides in relevant part: All…”
Cruzan Ex Rel. Cruzan v. Dir., Missouri Dep't of Health, 497 U.S. 261 (1990). · cites it 2× “Code §§ 30-2-11-1 to XX-X-XX-X (1988); Iowa Code § 633.705 (Supp. 1989); Kan. Stat.”
United States v. Price, 514 F. Supp. 477 (S.D. Iowa 1981). · cites it 4× “3 These statutes, as plaintiff indicates in its supplemental memorandum, were designed to extend the effective *481 ness of powers of attorney and agency relationships to avoid the rule in Iowa that death or incompetence of the principal terminates the authority of the agent.”
In The Matter Of The Est. Of Hester Mary Lewis Anton, Gretchen Coy Vs. Nancy R. Ezarski, Fiduciary Of The Est. Of Hester Mary Lewis Anton (Iowa 2007). · cites it 12× “The district court determined that although Mary’s mental abilities were diminishing over the last months of her life and by October 2003 she was suffering from dementia, these facts were irrelevant due to Iowa Code section 633.705(1) (2003), which provides in relevant part: All…”
Iowa Code § 633.705(1): 2 cases
In Re Est. of Anton, 731 N.W.2d 19 (Iowa 2007). “The district court determined that although Mary’s mental abilities were diminishing over the last months of her life and by October 2003 she was suffering from dementia, these facts were irrelevant due to Iowa Code section 633.705(1) (2003), which provides in relevant part: All…”
In The Matter Of The Est. Of Hester Mary Lewis Anton, Gretchen Coy Vs. Nancy R. Ezarski, Fiduciary Of The Est. Of Hester Mary Lewis Anton (Iowa 2007). “The district court determined that although Mary’s mental abilities were diminishing over the last months of her life and by October 2003 she was suffering from dementia, these facts were irrelevant due to Iowa Code section 633.705(1) (2003), which provides in relevant part: All…”
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