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September 2009 APPELLATE COURTS Ch 21, p.3
Rule 21.28 Opinions dealing with confidential material. In an appeal in a juvenile case in which
the juvenile court record is confidential under Iowa Code section 232.147, the supreme court or court
of appeals shall refer to the parties in the caption and body of the opinion and other public court
documents by first name or initial only. The same method of designation shall be used in any situation
in which revealing a person’s identity would have the effect of disclosing material which is required
by statute or rule of the supreme court to be confidential.
[Court Order November 19, 1981; November 9, 2001, effective February 15, 2002]
Rule 21.29 Memorandum opinions.
21.29(1) When appropriate. Memorandum opinions may be used by the court of appeals and
supreme court to dispose of cases when appropriate. A short memorandum opinion may be used
when any of the following occur:
a. The issues involve only the application of well-settled rules of law to a recurring fact situation.
b. The issue is whether the evidence is sufficient to support a jury verdict, a trial judge’s finding
of fact or an administrative agency’s finding, and the evidence is sufficient.
c. Disposition of the proceeding is clearly controlled by a prior published holding of the court
deciding the case or of a higher court.
d. The record of the proceeding includes an opinion of the court or agency whose decision is being
reviewed, the opinion identifies and considers all the issues presented and the appellate court approves
of the reasons and conclusions in the opinion.
e. A full opinion would not augment or clarify existing case law.
21.29(2) Contents. Memorandum opinions should contain all of the following information:
a. The name and number of the case.
b. Appellant’s contentions when appropriate.
c. The reasons for the result, briefly stated.
d. The disposition.
[Court Order September 19, 1979; November 9, 2001, effective February 15, 2002]
Rule 21.30 Publication of court of appeals opinions.
21.30(1) Policy. The principal role of the court of appeals is to dispose justly of a high volume
of cases. In order to achieve maximum productivity without sacrificing quality, the court of appeals
must devote time, which otherwise might be used in writing and revising full opinions, to deciding
cases.
21.30(2) Criteria for publication. An opinion of the court of appeals may be published only when
at least one of the following criteria is satisfied:
a. The case resolves an important legal issue.
b. The case concerns a factual situation of broad public interest.
c. The case involves legal issues which have not been previously decided by the Iowa Supreme
Court.
21.30(3) Authority for publication. Subject to this rule, the court of appeals, by majority vote of
its members en banc, shall decide which of its opinions shall be published. Its decision to publish an
opinion shall be reflected in an order filed with the clerk within 30 days after the opinion becomes
final. A copy of the order shall be provided to the state court administrator. An opinion may be
published only after it is final. Denial of further review shall not constitute approval by the supreme
court of the opinion sought to be reviewed. When further review is granted, the supreme court shall
decide whether the court of appeals opinion will be published.
21.30(4) Manner of publication. Opinions of the court of appeals which are approved for
publication shall be transmitted by the chief judge of the court of appeals to West Publishing
Company for publication in the North Western Reporter.
21.30(5) Abstracts of opinions not otherwise published. The state court administrator shall cause
to be published an abstract of each opinion of the court of appeals not approved for publication. The
abstracts shall consist of the title, docket number, date of decision and disposition of each case. The
abstracts shall be published quarterly in the North Western Reporter.
[Court Order September 19, 1979; March 3, 1981; February 1, 1982; June 10, 1983; August 31, 2001;
November 9, 2001, effective February 15, 2002; August 29, 2002]