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Ch 6, p.8 APPELLATE PROCEDURE June 2010
15 days after the filing of an order granting an interlocutory appeal, the supreme court shall dismiss
the appeal, and the clerk shall immediately issue procedendo.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.202 Response to petition on appeal in termination-of-parental-rights and child-in-needof-assistance
cases under Iowa Code chapter 232.
6.202(1) When required. A response to the petition on appeal is optional unless the appellee has
filed a notice of cross-appeal, in which case a response shall be required. An optional response shall
substantially comply with form 6 in rule 6.1401. If the appellee has filed a notice of cross-appeal,
the response by appellee shall address the claims of error alleged in the petition on appeal, separately
state the grounds for the cross-appeal, and substantially comply with form 6 in rule 6.1401.
6.202(2) Filing and service. An original and 17 copies of a response shall be filed with the clerk
of the supreme court within 15 days after the service of the appellant’s petition on appeal. A copy
of the response shall be served on all counsel of record, all parties unrepresented by counsel, and the
attorney general in the manner prescribed in Iowa R. Civ. P. 1.442(2).
6.202(3) Length; form; cover. An optional response to the petition on appeal shall not exceed 15
pages; a required response shall not exceed 18 pages. A response shall be in the form prescribed by
rule 6.1007, except that it may be printed or duplicated on one side of the page. The cover shall be
red and shall contain:
a. The caption of the case.
b. The title of the document (Response to Petition on Appeal).
c. The name of the court and judge whose decision is under review.
d. The name, address, telephone number, e-mail address, and fax number of counsel representing
the appellee.
e. A certificate of confidentiality in accordance with rule 6.110(2).
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.203 Reply to issues raised in cross-appeal. If a notice of cross-appeal is filed, the appellant
may file a reply to the cross-appeal issues within seven days after service of the appellee’s response.
An appellant may not file a reply if the appellee has not filed a notice of cross-appeal.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.204 Filing fee and transmission of record. Within seven days after filing the notice of
appeal, the appellant shall pay the filing fee as provided in rule 6.702(1) or request waiver or deferral
of the fee pursuant to rule 6.702(2). Within 30 days after the filing of the notice of appeal, the appellant
shall request the clerk of the district court to transmit the record to the clerk of the supreme court.
The clerk of the district court shall certify the record and its confidential nature.
6.204(1) Record on appeal in child-in-need-of-assistance appeals. In appeals from
child-in-need-of-assistance proceedings, the record on appeal shall include the following:
a. The child-in-need-of-assistance court file, including all exhibits.
b. Any transcript of a hearing or hearings resulting in the order from which an appeal has been
taken.
6.204(2) Record on appeal in termination-of-parental-rights appeals. In appeals from
termination-of-parental-rights proceedings, the record on appeal shall include the following:
a. The termination court file, including all exhibits.
b. Those portions of the child-in-need-of-assistance court file either received as exhibits or
judicially noticed in the termination proceedings.
c. The transcript of the termination hearing.
6.204(3) Record on appeal of post-termination rulings in termination-of-parental-rights cases. In
appeals from post-termination proceedings, the record on appeal shall include all of the following:
a. The order or judgment terminating parental rights.
b. Any ruling on a motion for new trial under Iowa R. Civ. P. 1.1007 or a motion under Iowa R.
Civ. P. 1.904(2).
c. The post-termination order from which the appeal is taken.
d. Any motion, resistance, or transcript relevant to the post-termination order from which the
appeal is taken.
[Court Order October 31, 2008, effective January 1, 2009]