Rule 6.1202 - Failure to comply with appellate deadlines and appellate court orders; consequences and penalties(1)Notice of default.a.For appellants failure to comply. When an appellant fails to comply with an appellate deadline, the clerk of the supreme court will issue a notice stating that the appeal may be dismissed unless the appellant cures the default by performing the overdue action within 15 days of issuance of the notice. If the appellant fails to cure the default, the supreme court may enter an order dismissing the appeal.b.For appellee's failure to comply. When an appellee fails to meet the deadline for filing a brief or statement waiving the appellee's brief, the clerk of the supreme court will issue a notice stating that the appellee is not allowed to participate in oral argument unless the appellee remedies the default by filing the overdue brief within 15 days of issuance of the notice.(2)Penalty assessed to attorney. When a default notice is sent to a party's attorney for failing to comply with an appellate deadline, the attorney will be assessed a penalty of $150 by the clerk of the supreme court for each violation. The attorney must pay the penalty individually and it may not be charged to the client. If the penalty is not paid within 15 days, the attorney may be ordered to show cause why the attorney should not be found in contempt of court.(3)Notice of dismissal due to attorney's failure to comply. Following dismissal of an appeal for failure to comply with an appellate deadline where the appellant was represented by an attorney, the clerk of the supreme court will forward certified copies of the docket, the notice of default that resulted in dismissal, and the order of dismissal to the Iowa Supreme Court Attorney Disciplinary Board. In cases where the attorney was court appointed, the clerk will also forward certified copies of those documents to the State Public Defender.(4)Dismissal on appellate court's motion. An appeal may be dismissed, with or without notice of default, upon the motion of the appropriate appellate court.(5)Motion to reinstate appeal. Within 10 days after issuance of a dismissal order, the appellant may file a motion to reinstate the dismissed appeal. 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.(6)Failure to follow or respond to appellate court order. When a party to an appeal fails to follow or respond to an appellate court order, the appropriate appellate court may dismiss the appeal or impose a penalty. If a monetary penalty is imposed on a party's attorney, the attorney must pay the penalty individually and it may not be charged to the client. If such penalties are not paid within 15 days, the attorney may be ordered to show cause why the attorney should not be found in contempt of court.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.