Iowa R. App. P. 6.1002

As amended through Septmber 9, 2024
Rule 6.1002 - Motions
(1)Motions in supreme court and court of appeals. All motions and supporting documents on appeal must be filed with the clerk of the supreme court as provided in rule 6.701 and served as provided in rule 6.702. A motion must:
a. Prominently display beneath the title of the motion the date of any impending hearing, trial, or matter needing immediate attention of the court. If the filing requires expedited consideration, the filing party must state the circumstances in the special filing instructions to the clerk of the supreme court on the electronic cover sheet, see Iowa R. Elec. P. 16.306(1), including the date of any impending district court trial or hearing.
b. Include any materials required by a specific provision of these rules governing such motion.
c. Be accompanied by a copy of any ruling from which a party seeks appellate review.
d. State with particularity the grounds on which it is based, including citations to relevant authorities.
e. Set forth the order or precise relief sought.
f. Be supported by other relevant portions of the record. The supporting documents to a motion must be electronically attached to the motion. See Iowa R. Elec. P. 16.311. Such attachments may not exceed 25 pages unless otherwise ordered by the appellate court. Any application for the inclusion of attachments exceeding the 25-page limit may not include such attachments.
(2)Resistance; reply to resistance. All resistances, replies, and any supporting documents must be filed with the clerk of the supreme court as provided in rule 6.701 and served as provided in rule 6.702. Unless the appropriate appellate court orders otherwise, any party may file a resistance to a motion within 14 days after service of the motion. A reply to the resistance may be filed within 3 days after the service of the resistance. However, the appropriate appellate court may act upon the motion prior to the expiration of the time to file a reply to the resistance. A resistance or a reply to the resistance may be supported by other relevant portions of the record, but such attachments may not exceed 25 pages unless otherwise ordered by an appellate court. Any application for the inclusion of attachments exceeding the 25-page limitation may not include such attachments.
(3)Additional filings; hearings. The court may require additional filings and may set any motion for hearing.
(4)Motions for procedural or temporary orders. Notwithstanding rule 6.1002(2), motions for procedural orders, including any motion under rule 6.1003(2), and motions for temporary orders in which it appears that rights would be lost or greatly impaired by delay, may be ruled upon at any time without awaiting a resistance. Any party adversely affected by such ruling may request review of the ruling within 10 days.
(5)Authority of a single justice or senior judge of supreme court to entertain motions.
a. In addition to any authority expressly conferred by rule or by statute, a single justice or senior judge of the supreme court may entertain any motion in an appeal or original proceeding in the supreme court and grant or deny any relief that may properly be sought by motion, except that a single justice or senior judge of the supreme court may not dismiss, affirm, reverse, or otherwise resolve an appeal or original proceeding.
b. An order entered by a single justice or senior judge of the supreme court may be reviewed by a quorum of the supreme court upon motion of an adversely affected party filed within 10 days after the date of filing of the challenged order or upon the court's own motion.
(6)Authority of court of appeals and its judges to entertain motions.
a. The court of appeals and its judges may entertain motions only in appeals that the supreme court has transferred to that court. In such appeals, a single judge or senior judge of the court of appeals may entertain any motion and grant or deny any relief that may properly be sought by motion, except that a single judge may not dismiss, affirm, reverse, or otherwise resolve an appeal.
b. An order entered by a single judge or senior judge of the court of appeals may be reviewed by a quorum of the court of appeals upon motion of an adversely affected party filed within 10 days after the date of filing of the challenged order or upon the court's own motion.
(7)Authority of the clerk of the supreme court to entertain motions for procedural orders.
a. The clerk of the supreme court is authorized, subject to the control and direction of the supreme court, to take appropriate action for the supreme court on motions for procedural orders upon which the court, pursuant to rule 6.1002(4), could rule without awaiting a resistance. The clerk may grant a motion only for good cause shown and when the prejudice to the nonmoving party is not great. Good cause for an extension includes, but is not limited to, illness of counsel, unavailability of counsel due to unusual and compelling circumstances, unavailability of a necessary transcript or other portion of the record due to circumstances beyond the control of counsel, or a reasonably good possibility of settlement within the time as extended.
b. An order of the clerk of the supreme court entered pursuant to rule 6.1002(7) may be reviewed by the appropriate appellate court upon motion of an adversely affected party filed within 10 days after the date of filing of the challenged order or upon the court's own motion.
(8)Authority of the clerk of the supreme court to set motions for consideration. The clerk of the supreme court is authorized, subject to the control and direction of the supreme court, to set any motion pending in the supreme court for consideration and set the time allowed for resistance to the motion.
(9)Filing deadlines not extended. The filing of a motion will not stay a filing deadline unless otherwise provided by these rules or order of the appropriate appellate court.

Iowa. R. App. P. 6.1002

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.