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Ch 6, p.2 APPELLATE PROCEDURE June 2010
(1) Contents of notice of appeal. The notice of appeal shall specify the parties taking the appeal
and the decree, judgment, order, or part thereof appealed from. The notice shall substantially comply
with form 4 in rule 6.1401.
(2) Service of the notice of appeal. A copy of the notice of appeal shall be served upon all counsel
of record, all parties not represented by counsel, any court reporter who reported a proceeding that
is the subject of the appeal, the attorney general, and the clerk of the supreme court in the manner
stated in Iowa R. Civ. P. 1.442(2). The notice of appeal shall include a certificate of service in the
form provided in Iowa R. Civ. P. 1.442(7).
b. Petition on appeal. An appeal in a termination-of-parental-rights or a child-in-need-ofassistance
case will be dismissed unless a petition on appeal is timely filed as set forth in rule
6.201(1)(b).
6.102(2) From final orders appealable as a matter of right in all other cases. An appeal from a
final order appealable as a matter of right in all cases other than termination-of-parental-rights and
child-in-need-of- assistance cases under Iowa Code chapter 232 is taken by filing a 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)(b). The notice of appeal shall be signed by either the appellant’s counsel or the
appellant.
a. Contents of the notice of appeal. The notice of appeal shall specify the parties taking the appeal
and the decree, judgment, order, or part thereof appealed from. The notice shall substantially comply
with form 1 in rule 6.1401.
b. Service of the notice of appeal. A copy of the notice of appeal shall be served upon all counsel
of record, all parties not represented by counsel, any court reporter who reported a proceeding that is
the subject of the appeal, and the clerk of the supreme court in the manner stated in Iowa R. Civ. P.
1.442(2). If the State is a party to the case, a copy of the notice of appeal shall also be served upon the
attorney general in the manner stated in Iowa R. Civ. P. 1.442(2). The notice of appeal shall include
a certificate of service in the form provided in Iowa R. Civ. P. 1.442(7).
6.102(3) Filing fee. Within seven days of filing the notice of appeal, the appellant shall pay to the
clerk of the supreme court a filing fee or file a motion to waive or defer the fee as provided in rule
6.702.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.103 Review of final orders and judgments.
6.103(1) Final order and judgment defined. All final orders and judgments of the district court
involving the merits or materially affecting the final decision may be appealed to the supreme court,
except as provided in this rule, rule 6.105, and Iowa Code sections 814.5 and 814.6. An order granting
or denying a new trial is a final order. An order setting aside a default judgment in an action for
dissolution of marriage or annulment is a final order. An order setting aside a default judgment in any
other action is not a final order.
6.103(2) Attorney fee order entered after final judgment. A final order or judgment on an
application for attorney fees entered after the final order or judgment in the underlying action is
separately appealable. The district court retains jurisdiction to consider an application for attorney
fees notwithstanding the appeal of a final order or judgment in the action. If the final order or
judgment in the underlying case is also appealed, the party appealing the attorney fee order or
judgment shall file a motion to consolidate the two appeals.
6.103(3) Interlocutory order included in appeal of final order or judgment. No interlocutory order
may be appealed until after the final judgment or order is entered except as provided in rule 6.104.
Error in an interlocutory order is not waived by pleading over or proceeding to trial. If no appeal was
taken from an interlocutory order or a final adjudication in the district court under Iowa R. Civ. P.
1.444 that substantially affected the rights of the complaining party, the appellant may challenge such
order or final adjudication on appeal of the final order or judgment.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.104 Review of interlocutory rulings or orders.
6.104(1) Application for interlocutory appeal.
a. Applicability. Any party aggrieved by an interlocutory ruling or order of the district court may
apply to the supreme court for permission to appeal in advance of final judgment.
b. Time for filing.