View - State of Iowa

June 2010 APPELLATE PROCEDURE Ch 6, p.11
shall not appear on any court papers. All papers shall contain the juvenile court docket number for
identification purposes. The only persons who may have access to the court papers and admission
to any hearing are the justice(s), court staff who must have access to the records for administrative
purposes, the minor, her attorney, her guardian ad litem, and the person(s) designated in writing by
the minor, her attorney, or her guardian ad litem to have such access or admission. In no case may
the minor’s parent(s) have access to her papers or admission to any hearing.
6.401(5) Computation of time. For the purpose of this rule, any duty of filing or issuance of a
decision or order that falls on a Saturday, Sunday, or legal holiday is extended to 9 a.m. on the next
business day.
[Court Order October 31, 2008, effective January 1, 2009]
Rules 6.402 to 6.500 Reserved.
DIVISION V
OTHER PROCEEDINGS
Rule 6.501 Procedure in other proceedings. Procedure in all other proceedings in the appellate
courts, such as an action to invoke the supreme court’s original jurisdiction shall, unless otherwise
ordered, be the procedure prescribed in the rules of appellate procedure to the full extent not
inconsistent with rules specifically prescribing the procedure or with a statute. An appendix under
the rules of appellate procedure shall be deemed an abstract of record.
[Court Order October 31, 2008, effective January 1, 2009]
Rules 6.502 to 6.600 Reserved.
DIVISION VI
STAYING DISTRICT COURT JUDGMENTS AND PROCEEDINGS
Rule 6.601 Supersedeas bond.
6.601(1) Requirement of bond. Except upon order entered by the supreme court, pursuant to
a procedural, appellate, or court rule, or upon order entered by the district court pursuant to rule
6.601(3), no appeal shall stay proceedings under a judgment or order unless the appellant executes
a bond with sureties, to be filed with and approved by the clerk of the court where the judgment or
order was entered. The condition of such bond shall be that the appellant will satisfy and perform
the judgment if affirmed, or any judgment or order, not exceeding in amount or value the obligation
of the judgment or order appealed from, which an appellate court may render or order to be rendered
by the district court; and also all costs and damages adjudged against the appellant on the appeal,
and all rents from or damage to property during the pendency of the appeal of which the appellee is
deprived by reason of the appeal.
6.601(2) Amount of bond. If the judgment or order appealed from is for money, such bond shall be
110 percent of the amount of the money judgment, unless the district court otherwise sets the bond at
a higher amount pursuant to the provisions of Iowa Code section 625A.9(2)(a). In no event shall the
bond exceed the maximum amount set forth in Iowa Code section 625A.9(2)(b). In all other cases,
the bond shall be an amount sufficient to save the appellee harmless from the consequences of the
appeal, but in no event less than $1000.
6.601(3) Bond by State or political subdivision. Upon motion and for good cause shown, the
district court may stay all proceedings under the order or judgment being appealed and permit the
State or any of its political subdivisions to appeal a judgment or order to the supreme court without
the filing of a supersedeas bond.
6.601(4) Effect on judgment. No appeal shall vacate or affect the judgment or order appealed
from; but the clerk shall issue a written order requiring the appellee and all others to stay proceedings
under it or such part of it as has been appealed from, when the appeal bond is filed and approved.
6.601(5) Form of bond. An appeal bond secured by cash, a certificate of deposit, or government
security in a form and in an amount approved by the clerk may be filed in lieu of other bond. If a
cash bond is filed, the cash shall be deposited at interest with interest earnings being paid into the
general fund of the State in accordance with Iowa Code section 602.8103(5). The cash bond shall be
disbursed pursuant to court order upon the district court’s receipt of the procedendo.