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June 2010 APPELLATE PROCEDURE Ch 6, p.1
CHAPTER 6
RULES OF APPELLATE PROCEDURE
DIVISION I
CASE INITIATION: CIVIL AND CRIMINAL; PARTIES AND ATTORNEYS; PROTECTED
INFORMATION; AND CONFIDENTIAL MATERIALS
Rules 6.1 to 6.100 Reserved.
Rule 6.101 Time for appealing final orders and judgments appealable as a matter of right.
6.101(1) Time for filing a notice of appeal from final orders and judgments.
a. Termination-of-parental-rights and child-in-need-of-assistance cases under Iowa Code
chapter 232. A notice of appeal from a final order or judgment entered in Iowa Code chapter 232
termination-of-parental-rights or child-in-need-of-assistance proceedings must be filed within 15
days after the filing of the order or judgment. However, if a motion is timely filed under Iowa R.
Civ. P. 1.904(2) or Iowa R. Civ. P. 1.1007, the notice of appeal must be filed within 15 days after
the filing of the ruling on such motion.
b. All other cases. A notice of appeal must be filed within 30 days after the filing of the final order
or judgment. However, if a motion is timely filed under Iowa R. Civ. P. 1.904(2) or Iowa R. Civ. P.
1.1007, the notice of appeal must be filed within 30 days after the filing of the ruling on such motion.
c. Exception for final orders on partial dispositions. A final order dismissing some, but not all,
of the parties or disposing of some, but not all, of the issues in an action may be appealed within the
time for appealing from the judgment that finally disposes of all remaining parties and issues to an
action, even if the parties’ interests or the issues are severable.
6.101(2) Time for filing a notice of cross-appeal.
a. Termination-of-parental-rights and child-in-need-of-assistance cases under Iowa Code chapter
232. In Iowa Code chapter 232 termination-of-parental-rights and child-in-need-of-assistance cases,
any notice of cross-appeal must be filed within the 15-day limit for filing a notice of appeal, or within
10 days after the filing of a notice of appeal, whichever is later.
b. All other cases. In all other appeals, any notice of cross-appeal must be filed within the 30-day
limit for filing a notice of appeal, or within 10 days after the filing of a notice of appeal, whichever
is later.
6.101(3) Appeal taken before order or judgment filed. An appeal taken from an order or judgment
of the district court shall be considered timely even though taken before the order or judgment has
been filed by the clerk of the district court, if the order or judgment is filed within 30 days after the
date on which the notice of appeal is filed.
6.101(4) Tolling of filing deadline by timely service. The time for filing a notice of appeal is tolled
when the notice is served, provided the notice is filed with the district court clerk within a reasonable
time. See Iowa R. Civ. P. 1.442(4).
6.101(5) Extension where clerk fails to notify. The supreme court may extend the time for filing a
notice of appeal if it determines the clerk of the district court failed to notify the prospective appellant
of the filing of the appealable final order or judgment. A motion for an extension of time must be
filed with the clerk of the supreme court and served on all parties and the clerk of the district court no
later than 60 days after the expiration of the original appeal deadline as prescribed in rule 6.101(1)(a)
or (b). The motion and any resistance shall be supported by copies of relevant portions of the record
and by affidavits. Any extension granted shall not exceed 30 days after the date of the order granting
the motion.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.102 Initiation of appeal from a final judgment.
6.102(1) From final orders in termination-of-parental-rights and child-in-need-of-assistance
cases under Iowa Code chapter 232.
a. Notice of appeal. An appeal from a final order or judgment in a termination-of-parental-rights
or a child-in-need-of-assistance case under Iowa Code chapter 232 is initiated by filing the notice of
appeal with the clerk of the district court where the order or judgment was entered within the time
provided in rule 6.101(1)(a). The notice of appeal cannot be filed unless signed by both the appellant’s
counsel and the appellant.