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June 2010 APPELLATE PROCEDURE Ch 6, p.33
of the case. The court of appeals may dispose of the case with or without oral argument, order
resubmission, or enter any other appropriate order. The decision after rehearing shall be subject to
further review as provided in Iowa Code section 602.4102(4).
6.1204(6) Stay of pending application of further review. Upon motion of a party or request of
the court of appeals, the supreme court may stay any pending application for further review for
consecutive periods of up to 30 days during the pendency of a petition for rehearing.
6.1204(7) Form of petition. The petition shall be in the form prescribed by rule 6.903(1). Except
by permission of the court, a petition for rehearing shall not exceed one-fifth of the length limitations
for a required brief specified in rule 6.903(1)(g).
6.1204(8) Number of copies to be filed and served. Eighteen copies of the petition shall be filed
with the clerk of the supreme court and one copy served on each party as prescribed by rule 6.701.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.1205 Petition for rehearing in supreme court.
6.1205(1) Time for filing. A petition for rehearing may be filed within 14 days after the filing of
a supreme court opinion unless the time is shortened or enlarged by order of that court. A party may
not file a petition for rehearing from an order denying an application for further review.
6.1205(2) Content. The petition shall state with particularity the points of law or fact which in the
opinion of the petitioner the supreme court has overlooked or misapprehended.
6.1205(3) Response. No response to a petition for rehearing will be received unless requested by
the supreme court, but a petition for rehearing will ordinarily not be granted in the absence of such a
request.
6.1205(4) Action by supreme court. Oral argument in support of the petition will not be permitted.
If a petition for rehearing is granted, the supreme court may make a final disposition of the case with
or without oral argument, order resubmission, or enter any other appropriate order.
6.1205(5) Form of petition. The petition shall be in the form prescribed by rule 6.903(1). Except
by permission of the court, a petition for rehearing shall not exceed one-fifth of the length limitations
for a required brief specified in rule 6.903(1)(g).
6.1205(6) Number of copies to be filed and served. Eighteen copies of the petition shall be filed
with the clerk of the supreme court and one copy served on each party as prescribed by rule 6.701.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.1206 Remands. When a judgment is reversed for error in overruling a motion and granting
the motion would have terminated the case in favor of appellant, the appellate court may enter or direct
the district court to enter final judgment as if such motion had been initially sustained. However, if it
appears from the record that the material facts were not fully developed at the trial or if in the opinion
or the appellate court the ends of justice will be served, a new trial shall be awarded on all or part of
the case.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.1207 Costs. All appellate fees and costs shall be taxed to the unsuccessful party, unless
otherwise ordered by the appropriate appellate court.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.1208 Procedendo.
6.1208(1) Procedendo from supreme court action. Unless otherwise ordered by the supreme
court, no procedendo shall issue for:
a. Twenty-one days after an opinion of the supreme court is filed, nor thereafter while a petition
for rehearing or an application for extension of time to file a petition for rehearing, filed according to
these rules, is pending.
b. Seventeen days after an order dismissing the appeal is filed, nor thereafter while a motion
requesting that the dismissal be set aside, filed according to these rules, is pending.
6.1208(2) Procedendo from court of appeals action. Unless otherwise ordered by the court of
appeals, no procedendo shall issue for:
a. Seventeen days after an opinion is filed in a chapter 232 termination of parental rights or CINA
case, nor thereafter while an application for further review by the supreme court is pending.