Rule 6.1103 - Application to the supreme court for further review of a court of appeals decision(1)Application for further review.a.Time for filing.(1) An application for further review in an appeal from an Iowa Code chapter 232 child in need of assistance or termination of parental rights proceeding must be filed within 10 days following the filing of the court of appeals decision.(2) In all other cases, an application for further review must be filed within 20 days following the filing of the court of appeals decision.(3) The court of appeals must extend the time for filing an application if the court determines that a failure to timely file an application was due to the clerk of the supreme court's failure to notify the prospective applicant of the filing of the decision.b.Grounds. Further review by the supreme court is not a matter of right, but of judicial discretion. An application for further review will not be granted in normal circumstances. The following, although neither controlling nor fully measuring the supreme court's discretion, indicate the character of the reasons the supreme court considers: (1) The court of appeals has entered a decision in conflict with a decision of the supreme court or the court of appeals on an important matter.(2) The court of appeals has decided a substantial question of constitutional law or an important question of law that has not been, but should be, settled by the supreme court.(3) The court of appeals has decided a case where there is an important question of changing legal principles.(4) The case presents an issue of broad public importance that the supreme court should ultimately determine.c.Form. An application for further review must be a single document in the form prescribed by rule 6.903(1). An application for further review must contain all of the following under appropriate headings in the following order: (1)Questions presented for review. The application must contain questions presented for review expressed concisely in relation to the circumstances of the case without unnecessary detail. The questions should be short and not argumentative or repetitive. The questions must be set out on the first page following the cover and no other information may appear on that page.(2)Table of contents. The application must contain a table of contents including page references.(3)Statement supporting further review. The application must contain a direct and concise statement of the reasons why the case warrants further review. The statement must not be limited to a recitation of rule 6.1103(1) (b) but should identify the specific issue of importance and any purported prior conflicting authority. For example, if the claim is that the court of appeals decision is in conflict with a decision of the supreme court or the court of appeals on an important matter, the party must cite to the case in conflict.(4)Brief. The application must contain a brief in support of the request for further review including all contentions and legal authorities in support of the application. No authorities or argument may be incorporated into the application by reference to another document; however, citations to the district court record are permitted.(5)Decision of court of appeals. The application must contain or be accompanied by a copy of the court of appeals decision showing the date of its filing.(6)Other attachments. The only materials that may be attached to or filed with an application, other than the court of appeals decision, are relevant materials from the district court record not exceeding 10 pages, district court orders, and administrative agency rulings. The district court order must be attached if the court of appeals affirmed the decision of the district court under rule 6.1203, Iowa Court Rule 21.26, or Iowa Code section 602.5106(1).d.Discretion of supreme court on further review. On further review the supreme court may review any or all of the issues raised in the original appeal or limit its review to just those issues brought to the court's attention by the application for further review.e.Filing fee. The applicant 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 rules 6.703(1) (g) and 6.703(2).(2)Resistance to application for further review.a.When allowed; time for filing. A resistance to an application for further review is not permitted in an Iowa Code chapter 232 child in need of assistance or termination of parental rights proceeding unless requested by the supreme court.b. In all other cases, a party may file a resistance within 10 days after service of the application.c. Form. A resistance to an application must be in the form prescribed by rule 6.903(1). The resistance must be a single document including all contentions and legal authorities in opposition to the application. No authorities or argument may be incorporated into the resistance by reference to another document; however, citations to district court record are permitted. The only materials that may be attached to or filed with a resistance are relevant materials from the district court record not exceeding 10 pages, district court orders, and administrative agency rulings.(3)Replies to resistance to application for further review. Replies to a resistance to an application for further review are not allowed.(4)Cover of application for further review or resistance to application. The cover of the application for further review or resistance to the application must contain the following: a. The name of the court and the appellate number of the case.b. The caption of the case. See rule 6.152(2).c. The date of filing of the court of appeals decision.d. The title of the document.e. The name, address, telephone number, and email address of counsel or self-represented party.(5)Length of application for further review or resistance to application.a. The application for further review or resistance to the application may not exceed two-fifths of the length limitations for a required brief specified in rule 6.903(1) (i) exclusive of the court of appeals decision, table of contents, table of authorities, relevant materials from the district court record, district court orders, and administrative agency decisions.b. An application for further review or resistance to the application must include a certificate of compliance using rule 6.1401 -Form 10: Certificate of Compliance with Typeface Requirements and Type-Volume Limitation for an Application for Further Review or a Resistance to an Application for Further Review.(6)Supplemental briefs. If an application for further review is granted, the supreme court may require the parties to file supplemental briefs on all or some of the issues to be reviewed.(7)Procedendo. When an application for further review is denied by the supreme court, the clerk of the supreme court will immediately issue procedendo.Court Order October 31, 2008, effective 1/1/2009; March 5, 2013, effective 5/3/2013; November 18, 2016, effective 3/1/2017; Court Order February 23, 2017; effective 3/1/2017; effective 7/20/2017; Court Order September 29, 2023, effective 4/1/2024.