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Ch 6, p.14 APPELLATE PROCEDURE June 2010<br />

time shall not be applicable where the deadline runs from entry or filing <strong>of</strong> a judgment, order, decree,<br />

or opinion.<br />

6.701(7) Service <strong>of</strong> orders, notices or opinions by e-mail. Each document filed with the supreme<br />

court shall bear the e-mail address <strong>of</strong> the attorney or party filing it. The clerk is authorized to deliver<br />

any orders, notices, opinions or documents requiring service by the clerk to the e-mail address<br />

provided by the attorney or party.<br />

[Court Order October 31, 2008, effective January 1, 2009; June 29, 2009]<br />

Rule 6.702 Filing fees and copies.<br />

6.702(1) Filing fees.<br />

a. Appeal from final order or judgment. The fee for filing an appeal from a final order or judgment<br />

is $150. The appellant shall pay the fee to the clerk <strong>of</strong> the supreme court within seven days after filing<br />

the notice <strong>of</strong> appeal.<br />

b. Application for interlocutory appeal. The fee for filing an application for interlocutory appeal<br />

is $100. The appellant shall pay the fee to the clerk <strong>of</strong> the supreme court at the time the application<br />

is filed. If the application is granted, the appellant shall pay an additional $50 fee within seven days<br />

after the order granting the application is filed.<br />

c. Application for discretionary review. The fee for filing an application for discretionary review<br />

is $100. The appellant shall pay the fee to the clerk <strong>of</strong> the supreme court at the time the application<br />

is filed. If the application is granted, the appellant shall pay an additional $50 fee within seven days<br />

after the order granting the application is filed.<br />

d. Petition for writ <strong>of</strong> certiorari. The fee for filing a petition for writ <strong>of</strong> certiorari is $100. The<br />

certiorari plaintiff shall pay the fee to the clerk <strong>of</strong> the supreme court at the time the petition is filed. If<br />

the petition is granted, the plaintiff shall pay an additional $50 fee within seven days after the order<br />

granting the petition is filed.<br />

e. Original proceeding other than certiorari. The fee for filing an original proceeding other than<br />

certiorari is $150. The initiating party shall pay the fee to the clerk <strong>of</strong> the supreme court at the time<br />

the proceeding is filed.<br />

f. Certified questions <strong>of</strong> law. The fee for filing a certification order is $150. The appellant shall<br />

pay the fee to the clerk <strong>of</strong> the supreme court within seven days after the certification order is filed.<br />

g. Application for further review. The fee for filing an application to the supreme court for further<br />

review <strong>of</strong> a decision <strong>of</strong> the court <strong>of</strong> appeals is $75. The applicant shall pay the fee to the clerk <strong>of</strong> the<br />

supreme court at the time <strong>of</strong> filing the application for further review.<br />

6.702(2) Waiver or deferral <strong>of</strong> filing fees.<br />

a. Waiver <strong>of</strong> filing fees.<br />

(1) <strong>State</strong> as filing party. If the <strong>State</strong> <strong>of</strong> <strong>Iowa</strong> is the filing party, the clerk shall waive any filing fees.<br />

(2) Criminal defendant as filing party. If a criminal defendant is the filing party and there has been<br />

a district court finding <strong>of</strong> indigency, the clerk shall waive any filing fees upon the defendant’s motion.<br />

The defendant’s motion to waive the filing fee shall be accompanied by a copy <strong>of</strong> the district court’s<br />

order finding the defendant indigent. If a criminal defendant is the filing party and the appellate<br />

defender’s <strong>of</strong>fice has been appointed to represent the defendant, the clerk shall waive any filing fees.<br />

(3) Postconviction applicant as filing party. If an applicant under <strong>Iowa</strong> Code section 822.9 <strong>of</strong> the<br />

Uniform Postconviction Procedure Act is the filing party and there has been a district court finding <strong>of</strong><br />

indigency, the clerk shall waive any filing fees upon the applicant’s motion. The applicant’s motion to<br />

waive the filing fee shall be accompanied by a copy <strong>of</strong> the district court’s order finding the applicant<br />

indigent.<br />

(4) Waiver <strong>of</strong> filing fee authorized by other rule or statute. If waiver <strong>of</strong> the filing fee is otherwise<br />

authorized by a rule or statute, the clerk shall waive the filing fee upon motion. The motion shall state<br />

the applicable rule or statute which authorizes waiver <strong>of</strong> the filing fee.<br />

b. Deferral <strong>of</strong> filing fee. If a rule, statute, or court order authorizes a party to defer payment <strong>of</strong><br />

a filing fee, the clerk shall enter an order deferring the fee upon motion. The motion shall state the<br />

applicable rule or statute, or have attached the court order which authorizes deferral <strong>of</strong> the filing fee.<br />

6.702(3) Copies. The fee for providing copies <strong>of</strong> papers shall be 50 cents for each page. An<br />

additional fee <strong>of</strong> $10 shall be charged for a certified copy <strong>of</strong> a document.<br />

[Court Order October 31, 2008, effective January 1, 2009; December 18, 2009]<br />

Rules 6.703 to 6.800 Reserved.

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