2.72(1)Generally. An appeal may be taken by the plaintiff only upon a finding of invalidity ofan ordinance or statute. In all other cases, an appeal may only be taken by the defendant and only upon a judgment of conviction. Execution of the judgment shall be stayed upon posting of an appeal bond in the sum specified in the judgment.2.72(2)Notice of appeal. A party takes an appeal by filing with the clerk of the district court a written notice of appeal not later than 10 days after judgment is rendered. Payment of a fine or service of a sentence of imprisonment does not waive the right to appeal nor render the appeal moot.2.72(3)Record. When an appeal is taken, the magistrate shall promptly forward to the appropriate district court clerk a copy of the magistrate's minutes of the witnesses' testimony along with the exhibits. Within 10 days after an appeal is taken, unless extended by order of a district judge or district associate judge, any transcript or electronic recording of the official report shall be filed by the magistrate unless it is already on file.2.72(4)Procedure.a. Within 14 days after taking the appeal, the appellant shall file and serve a brief in support of the appeal. The brief shall include statements of the specific issues presented for review and the precise relief requested.b. Within 10 days after service of the appellant's brief, the appellee may file and serve a responding brief.c. Either party may request, at the end of the party's brief, permission to be heard in oral argument.d. Within 30 days after the filing, or expiration of time for filing, of the appellee's brief, the appeal shall be submitted to the court on the record and any briefs without oral argument unless otherwise ordered by the court.e. If the court, on its own motion or motion of a party, finds the record to be inadequate, it may order the presentation of further evidence.f. If the original action was tried by a district judge, the appeal shall be decided by a different district judge. If the original action was tried by a district associate judge, the appeal shall be decided by a district judge or a different district associate judge. If the original action was tried by a judicial magistrate, the appeal shall be decided by a district judge or district associate judge.g. Findings of fact in the original action shall be binding on the judge deciding the appeal if supported by substantial evidence. The judge deciding the appeal may affirm, reverse and enter judgment as if the case were being originally tried, or enter any judgment that is just under the circumstances.2.72(5)Counsel. In appropriate cases, the magistrate shall appoint counsel on appeal.2.72(6)Review by supreme court. The defendant may apply for discretionary review pursuant to Iowa Code section 814.6(2) (d), and the plaintiff may apply for discretionary review pursuant to Iowa Code section 814.5(2) (d). Procedure on discretionary review shall be as prescribed in Iowa Rule of Appellate Procedure 6.106.66GA, ch 1245(2), § 1302; 67GA, ch 147, § 54; Report November 9, 2001, effective 2/15/2002;Court Order October 14, 2022, effective 7/1/2023.