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Ch 6, p.30 APPELLATE PROCEDURE June 2010
6.1007(3) Copies; filing and service. Four copies of motions and other papers shall be filed with
the clerk of the supreme court and one copy shall be served on each party unless the appropriate
appellate court orders otherwise.
[Court Order October 31, 2008, effective January 1, 2009]
Rules 6.1008 to 6.1100 Reserved.
DIVISION XI
TRANSFER, SUBMISSION, AND FURTHER REVIEW
Rule 6.1101 Transfer of cases to court of appeals.
6.1101(1) Transfer. The supreme court may by order, on its own motion, transfer to the court of
appeals for decision any case filed in the supreme court except a case in which provisions of the Iowa
Constitution or statutes grant exclusive jurisdiction to the supreme court.
6.1101(2) Criteria for retention. The supreme court shall ordinarily retain the following types of
cases:
a. Cases presenting substantial constitutional questions as to the validity of a statute, ordinance,
or court or administrative rule.
b. Cases presenting substantial issues in which there appears to be a conflict between a published
decision of the court of appeals or supreme court.
c. Cases presenting substantial issues of first impression.
d. Cases presenting fundamental and urgent issues of broad public importance requiring prompt
or ultimate determination by the supreme court.
e. Cases involving lawyer discipline.
f. Cases presenting substantial questions of enunciating or changing legal principles.
6.1101(3) Criteria for transfer. The supreme court shall ordinarily transfer to the court of appeals
the following types of cases:
a. Cases presenting the application of existing legal principles.
b. Cases presenting issues that are appropriate for summary disposition.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.1102 Order of submission and transfer.
6.1102(1) Submission. Appeals shall be submitted to the supreme court or transferred to the
court of appeals substantially in the order they are made ready for submission except when earlier
submission is mandated by statute, rule, or order of the supreme court.
6.1102(2) Early submission or transfer. If an appeal involves questions of public importance or
rights that are likely to be lost or greatly impaired by delay, the supreme court may upon the motion
of a party or on the court’s own motion order the submission or transfer of the case in advance of the
time at which it would otherwise be submitted or transferred.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.1103 Application to the supreme court for further review.
6.1103(1) Application.
a. Time for filing. An application for further review in an appeal from an Iowa Code chapter 232
child-in-need-of-assistance or termination-of-parental-rights proceeding shall be filed within 10 days
following the filing of the court of appeals decision. In all other cases, an application for further
review shall be filed within 20 days following the filing of the court of appeals decision.
b. Grounds. An application for further review shall allege precisely and in what manner the court
of appeals has done any of the following:
(1) Made an error of law.
(2) Rendered a decision that conflicts with a prior holding of a published court of appeals or
supreme court opinion.
(3) Failed to consider a potentially controlling constitutional provision in rendering its decision.
(4) Decided a case that should have been retained by the supreme court.
c. Form. An application for further review shall be in the form prescribed by rule 6.903(1). Each
copy of the application shall contain or be accompanied by a copy of the court of appeals decision,
showing the date of its filing. The application shall be a single document including a brief in support
of the request for review. All contentions and legal authorities in support of the application shall be