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Ch 6, p.32 APPELLATE PROCEDURE June 2010
Rule 6.1202 Failure to comply with appellate deadlines; consequences and penalties.
6.1202(1) Notice of default.
a. For appellant’s failure to comply. When an appellant fails to comply with an appellate deadline,
the clerk shall serve a notice stating that the appeal will be dismissed unless the appellant cures the
default by performing the overdue action within 15 days of issuance of the notice. If the appellant
fails to cure the default, the clerk shall enter an order dismissing the appeal.
b. For appellee’s failure to comply. When an appellee fails to meet the deadline for filing a brief
or statement waiving the appellee’s brief, the clerk shall serve a notice stating that the appellee will
not be allowed to participate in oral argument unless the appellee remedies the default by filing the
overdue brief within 15 days of issuance of the notice.
6.1202(2) Penalty assessed to attorney. When a default notice is sent to a party’s attorney for
failing to comply with an appellate deadline, the attorney shall be assessed a penalty of $150 by the
clerk for each violation. Such penalties are to be paid by the attorney individually and are not to be
charged to the client. If such penalties are not paid within 15 days, the attorney may be ordered to
show cause why he or she should not be found in contempt of the supreme court.
6.1202(3) Notice of dismissal due to attorney’s failure to comply. Following the dismissal of an
appeal for failure to comply with an appellate deadline where the appellant was represented by an
attorney, the clerk of the supreme court shall forward certified copies of the docket, the notice of
default which resulted in dismissal, and the order of dismissal to the Iowa Supreme Court Attorney
Disciplinary Board. In cases where the attorney was court-appointed, the clerk shall also forward
certified copies of those documents to the State Public Defender.
6.1202(4) Dismissal on court’s motion. An appeal may be dismissed, with or without notice of
default, upon the motion of the appropriate appellate court.
6.1202(5) Motion to reinstate an appeal. Within 10 days after issuance of the dismissal order, an
appellant may file a motion to reinstate an appeal dismissed under this rule. The motion must set forth
the grounds for reinstatement and may be resisted. The supreme court may, in its discretion, and shall
upon a showing that such dismissal was the result of oversight, mistake, or other reasonable cause
reinstate the appeal.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.1203 Affirmed or enforced without opinion. A judgment or order may be affirmed or
enforced without opinion if the appellate court concludes the questions presented are not of sufficient
importance to justify an opinion, an opinion would not have precedential value, and any of the
following circumstances exists:
a. A judgment of the district court is correct.
b. The evidence in support of a jury verdict is sufficient.
c. The order of an administrative agency is supported by substantial evidence.
d. No error of law appears.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.1204 Petition for rehearing in court of appeals.
6.1204(1) Filing does not toll further review deadline. The filing of a petition for rehearing with
the court of appeals does not toll the 20-day period provided in Iowa Code section 602.4102(4) for
filing an application for further review of a court of appeals decision with the supreme court. Nothing
in these rules prohibits any party from filing both a petition for rehearing with the court of appeals
and an application for further review with the supreme court.
6.1204(2) Time for filing. Any petition for rehearing must be filed within seven days after the
filing of a court of appeals decision.
6.1204(3) Content. The petition shall state with particularity the points of law or fact which in the
opinion of the petitioner the court of appeals has overlooked or misapprehended.
6.1204(4) Response. No response to a petition for rehearing will be received unless requested by
the court of appeals.
6.1204(5) Action by court of appeals. Oral argument in support of the petition will not be
permitted. If the petition for rehearing is not expressly granted or denied by the court of appeals
within seven days after the petition is filed, the petition will be deemed denied. Upon request of the
court of appeals within the seven-day period, the supreme court may grant an extension not to exceed
seven days for the court of appeals to rule upon the petition. If the petition for rehearing is granted,
the decision of the court of appeals is vacated and the court of appeals shall retain jurisdiction