As amended through Septmber 9, 2024
Rule 6.102 - Initiation of appeal from final orders or judgments(1)Appeal from final orders or judgments in termination of parental rights and child in need of assistance proceedings under Iowa Code chapter 232.a.Notice of appeal. An appeal from a final order or judgment in a termination of parental rights or a child in need of assistance proceeding under Iowa Code chapter 232 is initiated by filing the notice of appeal with the clerk of the district court where the order or judgment was entered within the time provided in rule 6.101(1) (a).(1) The notice of appeal cannot be filed unless signed by both the appellant and the appellant's counsel. The notice of appeal must follow the requirements of Iowa Rule of Electronic Procedure 16.305(5) (c)(1) for filing documents containing two or more signatures.(2) The appellant's signature must be an original or an unaltered digitized signature. See Iowa R. Elec. P. 16.201(35).b.Contents of notice of appeal. The notice of appeal must specify the parties taking the appeal and the decree, judgment, order, or part of the decree, judgment, or order appealed from. The notice must substantially comply with rule 6.1401 -Form 4: Notice of Appeal (Cross-Appeal) (Child in Need of Assistance and Termination Cases)c.Special service of notice of appeal. The notice of appeal must be served on any court reporter who reported a proceeding that is the subject of the appeal in the manner stated in rule 6.702(4) and on the attorney general in the manner stated in Iowa Rule of Civil Procedure 1.442(2). The notice of appeal must include a certificate of service in the form prescribed in Iowa Rule of Civil Procedure 1.442(7).d.Informational copy. An informational copy of the notice of appeal must be filed with the clerk of the supreme court.e.Petition on appeal. An appeal in a termination of parental rights or a child in need of assistance proceeding will be dismissed unless a petition on appeal is timely filed as set forth in rule 6.201(1) (b).(2)Appeal from final orders appealable as matter of right in all other cases. An appeal from a final order appealable as matter of right in all cases, other than termination of parental rights and child in need of assistance proceedings under Iowa Code chapter 232, is taken by filing a notice of appeal within the time provided in rule 6.101(1) (b) with the clerk of the district court where the final order was entered. The notice of appeal must be signed by either the appellant's counsel or the appellant. a.Contents of notice of appeal. The notice of appeal must specify the parties taking the appeal and the decree, judgment, order, or part of the decree, judgment, or order appealed from. The notice must substantially comply with rule 6.1401 -Form 1: Notice of Appeal.b.Special service of notice of appeal.(1) The notice of appeal must be served on any court reporter who reported a proceeding that is the subject of the appeal in the manner stated in rule 6.702(4).(2) If the State is a party to the case, the notice of appeal must also be served on the attorney general in the manner stated in Iowa Rule of Civil Procedure 1.442(2).(3) The notice of appeal must include a certificate of service in the form prescribed in Iowa Rule of Civil Procedure 1.442(7).c.Informational copy. An informational copy of the notice of appeal must be filed with the clerk of the supreme court.(3)Filing fee. Within 7 days of filing the notice of appeal, the appellant must pay to the clerk of the supreme court a filing fee or file a motion to waive or defer the fee as provided in rule 6.703.Court Order October 31, 2008, effective 1/1/2009; November 18, 2016, effective 3/1/2017; Court Order February 16, 2017, temporarily effective 3/1/2017, permanently effective 4/17/2017; Court Order July 20, 2017, temporarily effective 7/20/2017, permanently effective 9/18/2017; Court Order September 29, 2023, effective 4/1/2024.