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June 2010 APPELLATE PROCEDURE Ch 6, p.27
an appellate court. Any application for the inclusion of attachments exceeding the 25-page limitation
shall not include such attachments.
6.1002(3) Additional filings; hearings. The court may require additional filings and may set any
motion for hearing.
6.1002(4) Motions for procedural or temporary orders. Notwithstanding the provisions of rule
6.1002(2), motions for procedural orders, including any motion under rule 6.1003(2), and motions
for temporary orders in which it appears that rights would be lost or greatly impaired by delay, may
be ruled upon at any time without awaiting a resistance. Any party adversely affected by such ruling
may within 10 days request review of the ruling.
6.1002(5) Authority of a single justice to entertain motions. In addition to any authority expressly
conferred by rule or by statute, a single justice or senior judge of the supreme court may entertain any
motion in an appeal or original proceeding in the supreme court and grant or deny any relief which
may properly be sought by motion, except that a single justice or senior judge may not dismiss, affirm,
reverse, or otherwise determine an appeal or original proceeding. The action of a single justice or
senior judge may be reviewed by the supreme court upon its own motion or a motion of a party. A
party’s motion for review of the action of a single justice or senior judge shall be filed within 10 days
after the date of filing of the challenged order.
6.1002(6) Authority of the court of appeals and its judges to entertain motions. The court of
appeals and its judges may entertain motions only in appeals that the supreme court has transferred
to that court. In such appeals, a single judge of the court of appeals may entertain any motion and
grant or deny any relief which may properly be sought by motion, except that a single judge may
not dismiss, affirm, reverse, or otherwise determine an appeal. The action of a single judge may
be reviewed by the court of appeals upon its own motion or a motion of a party. A party’s motion
for review of the action of a single judge shall be filed within 10 days after the date of filing of the
challenged order.
6.1002(7) Authority of the clerk to entertain motions for procedural orders. The clerk or the
deputy clerk of the supreme court is authorized, subject to the control and direction of the supreme
court, to take appropriate action for the supreme court on motions for procedural orders upon which
the court pursuant to rule 6.1002(4) could rule without awaiting a resistance. The clerk may grant a
motion only for good cause shown and when the prejudice to the nonmoving party is not great. Good
cause for an extension includes the illness of counsel, the unavailability of counsel due to unusual and
compelling circumstances, the unavailability of a necessary transcript or other portion of the record
due to circumstances beyond the control of counsel, or a reasonably good possibility of settlement
within the time as extended. An order of the clerk entered pursuant to this paragraph may be reviewed
by the supreme court upon the motion of an adversely affected party filed within 10 days after the
date of filing of the challenged order.
6.1002(8) Authority of the clerk to set motions for consideration. The clerk or the deputy clerk of
the supreme court is authorized, subject to the control and direction of the supreme court, to set any
motion pending in the supreme court for consideration and set the time allowed for resistance to the
motion.
6.1002(9) Filing deadlines not extended. The filing of a motion will not stay a filing deadline
unless otherwise provided by these rules or an order of the court.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.1003 Motions to shorten or extend deadlines.
6.1003(1) Jurisdictional deadlines.
a. Notices of appeal. The supreme court may not extend the deadline for filing a notice of appeal
except as provided in rule 6.101(5).
b. Applications for interlocutory appeal. The supreme court may not extend the deadline for filing
an application for interlocutory appeal except as provided in rule 6.104(1)(b)(3).
c. Applications for discretionary review. The supreme court may not extend the deadline for filing
an application for discretionary review except as provided in rule 6.106(1)(b).
d. Petitions for writ of certiorari. The supreme court may not extend the deadline for filing a
petition for writ of certiorari except as provided in rule 6.107(1)(b).
e. Applications for further review. The court of appeals may not extend the deadline for filing an
application for further review except as provided in Iowa Code section 602.4102(5). The supreme
court may not extend the deadline for filing an application for further review.