Rule 6.101 - Time for appealing final orders and judgments appealable as a matter of right(1)Time for filing notice of appeal from final orders and judgments.a.Termination of parental rights and child in need of assistance proceedings under Iowa Code chapter 232. A notice of appeal from a final order or judgment entered in Iowa Code chapter 232 termination of parental rights or child in need of assistance proceedings must be filed in the district court and an informational copy with the supreme court within 15 days after the filing of the order or judgment. However, if a motion is timely filed under Iowa Rule of Civil Procedure 1.904(2) or 1.1007, the notice of appeal must be filed within 15 days after the filing of the ruling on such motion.b.All other cases. A notice of appeal must be filed in the district court and an informational copy with the supreme court within 30 days after the filing of the final order or judgment. However, if a motion is timely filed under Iowa Rule of Civil Procedure 1.904(2) or 1.1007, the notice of appeal must be filed within 30 days after the filing of the ruling on such motion.c.Timely filing of motion defined. For purposes of rule 6.101(1) (a)-(b), a motion is considered timely if it is filed by the applicable deadline and the motion asks the court to reconsider, enlarge, or amend the court's order, ruling, judgment, or decree. Whether a motion is proper or not does not affect its timeliness. However, a motion will not be considered timely if the same party has previously filed a motion to reconsider, enlarge, or amend the court's order, ruling, judgment, or decree, unless the court has modified its order, ruling, judgment, or decree and the subsequent motion is directed only at the modification.d.Orders on partial dispositions. An order disposing of some but not all of the parties or issues in an action may be appealed within the time for appealing from the judgment that finally disposes of all remaining parties and issues to an action, even if the parties' interests or the issues are severable. COMMENT: Rule 6.101(1)(c). Rule 6.101(1)(c) is intended to supersede prior caselaw that held a timely rule 1.904(2) motion must also have been "proper" to extend the time for appeal. See, e.g., Hedlund v. State, 875 N.W.2d 720, 725 (Iowa 2016). To avoid controversies over whether a rule 1.904(2) motion tolls the time for appeal, rule 6.101 authorizes any timely rule 1.904(2) motion to extend the appeal deadline, subject to an exception for successive motions.
Under rule 6.101(1)(c), the timely filing of a rule 1.904(2) motion extends the deadline for filing a notice of appeal or an application for interlocutory appeal. See Iowa Rs. App. P. 6.101(1)(b), 6.104(1)(c). However, the rule does not address whether a rule 1.904(2) motion preserves error for purposes of appeal as to evidence or arguments raised for the first time in that motion. See, e.g., Tenney v. Atl. Assocs., 594 N.W.2d 11, 14 (Iowa 1999). The rule does not affect prior caselaw concerning a court's inherent authority to reconsider. See Iowa Elec. Light & Power Co. v. Lagle, 430 N.W.2d 393, 395-96 (Iowa 1988). [Court Order November 18, 2016, effective March 1, 2017; September 29, 2023, effective April 1, 2024]
(2)Time for filing notice of cross-appeal.a.Termination of parental rights and child in need of assistance proceedings under Iowa Code chapter 232. In Iowa Code chapter 232 termination of parental rights and child in need of assistance proceedings, any notice of cross-appeal must be filed in the district court and an informational copy with the supreme court within the 15-day limit for filing a notice of appeal, or within 10 days after the filing of a notice of appeal, whichever is later.b.All other cases. In all other appeals, any notice of cross-appeal must be filed in the district court and an informational copy with the supreme court within the 30-day limit for filing a notice of appeal, or within 10 days after the filing of a notice of appeal, whichever is later.(3)Appeal taken before order or judgment filed. An appeal taken from an order or judgment of the district court is considered timely even though taken before the order or judgment has been filed by the clerk of the district court, if the order or judgment is filed within 30 days after the date on which the notice of appeal is filed.(4)Tolling of filing deadline by timely service. The time for filing a notice of appeal is tolled when the notice is served, provided the notice is filed with the clerk of the district court within a reasonable time. See Iowa R. Civ. P. 1.442(4).(5)Extension when clerk of district court fails to notify. The supreme court may extend the time for filing a notice of appeal if it determines the clerk of the district court failed to notify the prospective appellant of entry of the appealable final order or judgment. a. A motion for an extension of time must be filed with the clerk of the supreme court and served on all parties and the clerk of the district court no later than 60 days after expiration of the original appeal deadline as prescribed in rule 6.101(1) (a)-(b). The motion and any resistance must be supported by copies of relevant portions of the record and by affidavits.b. Any extension granted will not exceed 30 days after the date of the order granting the motion. Court Order October 31, 2008, effective 1/1/2009; Court Order November 18, 2016, effective 3/1/2017; Court Order September 29, 2023, effective 4/1/2024.