Rule 6.1006 - Motions to dismiss, affirm, or reverse(1)Motions to dismiss.a.Contents and time for filing.(1) An appellee may file a motion to dismiss an appeal based upon the appellant's failure to comply with an appellate filing deadline established by an appellate rule or court order, the appellant's filing of a document that fails to substantially comply with the appellate rules or a court order, or an allegation that the appropriate appellate court lacks jurisdiction or authority to address the case.(2) The motion must state with particularity the grounds justifying dismissal and, if applicable, must specify the prejudice to the appellee's interests.(3) The motion must comply with the requirements of rule 6.1002(1).(4) A motion to dismiss should ordinarily be filed within a reasonable time after the grounds supporting the motion become apparent.(5) Except for instances in which the court allegedly lacks jurisdiction or authority over the case, the motion to dismiss should be used sparingly.(6) A motion to dismiss will usually be granted only if the alleged infractions are repeated or significant and have resulted in prejudice to another party or the administration of justice.b.Ruling. The appropriate appellate court may rule on the motion to dismiss or may order the motion submitted with the appeal. One justice, judge, or senior judge may order submission with the appeal or deny, but only a quorum of the appropriate appellate court may grant, a motion to dismiss. An order dismissing an appeal for failure to prosecute must direct the clerk of the supreme court to forward certified copies of the docket and the order of dismissal to the Iowa Supreme Court Attorney Disciplinary Board unless the appellant was unrepresented. If counsel was court appointed, the clerk must also forward certified copies of those documents to the State Public Defender.c.Motions to reinstate appeal. Within 10 days after issuance of the dismissal order an appellant may file a motion to reinstate an appeal dismissed under this rule. The motion must set forth the grounds for reinstatement and may be resisted. The appropriate appellate court may, in its discretion, and must upon a showing that such dismissal was the result of oversight, mistake, or other reasonable cause, reinstate the appeal. One justice, judge, or senior judge may deny, but only a quorum of the appropriate appellate court may grant, a motion to reinstate an appeal.(2)Motions to affirm. The appellee may file a motion with the appropriate appellate court to affirm the order or judgment on appeal on the ground that the issues raised by the appeal are frivolous. The motion should ordinarily be served and filed within the time provided for service of the appellee's brief. However, if the motion is based on an allegation that the result in the case is controlled by an indistinguishable recently published decision of an appellate court, the motion may be filed when the grounds for affirmance become apparent. The appellee may not file a motion to affirm prior to the filing of appellant's brief. The motion must comply with the requirements of rule 6.1002(1). One justice, judge, or senior judge may deny, but only a quorum of the appropriate appellate court may grant, a motion to affirm.(3)Motions to reverse. Any party may file a motion with the appropriate appellate court to summarily reverse the order or judgment on appeal on the grounds the result is controlled by an indistinguishable recently published decision of an appellate court or where error has been confessed. The motion must comply with the requirements of rule 6.1002(1). One justice, judge, or senior judge may overrule, but only a quorum of the appropriate appellate court may sustain, a motion to reverse.(4)Excluding time. The time between the service of a motion to dismiss, affirm, or reverse and an order overruling the motion or ordering its submission with the appeal will be excluded in measuring the time within which subsequent acts required by these rules must be done.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.