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Iowa Notice of Appeal

Iowa counts the clock from the day the district court clerk files the judgment, not from service or notice of entry, and a small claims appeal goes to a different judge of the same district court rather than to the Court of Appeals.

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Introduction

In Iowa, a notice of appeal from a final civil judgment must be filed within 30 days after the final order or judgment is filed by the clerk of the district court, not the date it is entered, served, or the date any notice of entry is sent (Iowa R. App. P. 6.101(1)(b)). If a party timely files a motion under Iowa Rule of Civil Procedure 1.904(2) to enlarge or amend the court's findings, or a motion for new trial or judgment notwithstanding the verdict under rule 1.1007, the 30-day clock restarts and runs instead from the filing of the ruling on that motion (Iowa R. App. P. 6.101(1)(b)-(c)). The district court generally cannot extend the 30-day deadline. The Iowa Supreme Court may extend it, but only on a showing that the clerk of the district court failed to notify the prospective appellant that the appealable order or judgment had been filed; the motion for extension must reach the clerk of the supreme court no later than 60 days after the original deadline expired, supported by record excerpts and affidavits, and any extension granted will not exceed 30 days after the date of the order granting it (Iowa R. App. P. 6.101(5)). The notice is filed with the clerk of the district court where the judgment was entered, with an informational copy filed with the clerk of the supreme court, which typically assigns the case to the Iowa Court of Appeals; there is no separate filing with the Court of Appeals itself (Iowa R. App. P. 6.102(2)). The notice must substantially comply with the mandatory form, Rule 6.1401 - Form 1: Notice of Appeal (Iowa R. App. P. 6.102(2)(a)). Filing the notice does not by itself stop collection of the judgment; only a bond approved by the district court does that (Iowa R. App. P. 6.601(1)). A small claims judgment cannot be appealed to the Court of Appeals or Supreme Court at all, except where the case involves an interest in real estate; instead, any party, including a losing plaintiff, may take an on-the-record appeal, decided by a different judge of the same district court, generally without new evidence,, within 20 days after judgment is rendered (Iowa Code 631.13; Iowa R. App. P. 6.105). This page covers a civil appeal from a final district court judgment. Criminal, administrative agency, federal court, and interlocutory appeals follow different procedures and are not covered here. Attorney review is available before you file.

Key Things to Know

  1. 1

    The notice of appeal is due 30 days after the final order or judgment is filed by the clerk of the district court, not the date it is entered, served, or when any notice of entry is sent (Iowa R. App. P. 6.101(1)(b)). A timely motion under Iowa R. Civ. P. 1.904(2) to enlarge or amend the findings, or a motion for new trial or judgment notwithstanding the verdict under rule 1.1007, restarts the 30 days from the filing of the ruling on that motion (Iowa R. App. P. 6.101(1)(b)-(c)).

  2. 2

    The deadline is generally not extendable by the district court. The Iowa Supreme Court may grant a narrow extension only on a showing that the clerk of the district court failed to notify the prospective appellant that the order or judgment had been filed; the motion must reach the clerk of the supreme court within 60 days after the original deadline expired, and any extension granted cannot exceed 30 days after the order granting it (Iowa R. App. P. 6.101(5)).

  3. 3

    File the notice with the clerk of the district court where the judgment was entered, plus an informational copy with the clerk of the supreme court; there is no direct filing with the Iowa Court of Appeals, which the supreme court assigns most appeals to for initial disposition (Iowa R. App. P. 6.102(2)).

  4. 4

    The notice must substantially comply with the mandatory Rule 6.1401 - Form 1: Notice of Appeal, and must specify the parties taking the appeal and the decree, judgment, order, or part of it being appealed, signed by the appellant or counsel (Iowa R. App. P. 6.102(2)(a)).

  5. 5

    A separate $150 filing fee is due to the clerk of the supreme court within seven days after filing the notice of appeal, apart from any district court fee for the underlying case (Iowa R. App. P. 6.703(1)(a), 6.102(3); confirm the current fee with the clerk). A motion to waive the fee may be filed where another rule or statute authorizes a waiver (Iowa R. App. P. 6.703(2)(a)(5)).

  6. 6

    Filing the notice does not by itself stay enforcement of the judgment. A stay requires a bond with sureties approved by the district court; for a money judgment the bond cannot exceed 110 percent of the judgment, and in other cases it must be enough to hold the appellee harmless but never less than $1,000 (Iowa R. App. P. 6.601(1)-(2)).

  7. 7

    A small claims judgment cannot go to the Court of Appeals or Supreme Court except where real estate is at issue; any party, including a losing plaintiff, may instead take the case to a different judge of the same district court on the existing record, not a new trial, within 20 days after judgment is rendered, by oral notice at the hearing or written notice filed with the clerk (Iowa Code 631.13(1), (4)(a); Iowa R. App. P. 6.105).

Key decisions before you file

Before you file a Notice of Appeal in Iowa, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

Open the Notice of Appeal guide

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Iowa Requirements for Notice of Appeal

  • 30-Day Deadline Runs From Filing, Not Entry or Service

    The notice of appeal must be filed within 30 days after the final order or judgment is filed by the clerk of the district court, not the date it is entered, served, or when any notice of entry is sent (Iowa R. App. P. 6.101(1)(b)).

  • Tolling for Rule 1.904(2) and 1.1007 Motions

    A timely motion under Iowa R. Civ. P. 1.904(2) to enlarge or amend the findings, or a motion for new trial or judgment notwithstanding the verdict under rule 1.1007, restarts the 30-day clock from the filing of the ruling on that motion (Iowa R. App. P. 6.101(1)(b)-(c)).

  • Narrow Supreme Court Extension for a Clerk's Notice Failure

    The Iowa Supreme Court may extend the deadline only on a showing that the clerk of the district court failed to notify the prospective appellant that the order or judgment had been filed; the motion must reach the clerk of the supreme court within 60 days after the original deadline expired, and any extension will not exceed 30 days after the order granting it (Iowa R. App. P. 6.101(5)).

  • Filed With the District Court, Copy to the Supreme Court

    The notice is filed with the clerk of the district court where the judgment was entered, with an informational copy filed with the clerk of the supreme court; there is no direct filing with the Iowa Court of Appeals (Iowa R. App. P. 6.102(2)).

  • Mandatory Rule 6.1401 Form 1 Content

    The notice must substantially comply with Rule 6.1401 - Form 1: Notice of Appeal, specifying the parties taking the appeal and the decree, judgment, order, or part of it appealed from, signed by the appellant or counsel (Iowa R. App. P. 6.102(2)(a)).

  • Service on the Court Reporter and Attorney General

    The notice must be served on any court reporter who reported a proceeding subject to the appeal, and, if the State is a party, on the attorney general under Iowa R. Civ. P. 1.442(2) (Iowa R. App. P. 6.102(2)(b)(1)-(2)).

  • $150 Supreme Court Filing Fee Due in Seven Days

    A $150 filing fee is due to the clerk of the supreme court within seven days after filing the notice of appeal, apart from any district court fee for the underlying case (Iowa R. App. P. 6.703(1)(a), 6.102(3); confirm the current fee with the clerk).

  • Bond Required to Stay Enforcement

    Filing the notice does not by itself stay enforcement of the judgment. A stay requires a bond with sureties approved by the district court; for a money judgment the bond cannot exceed 110 percent of the judgment, and otherwise must be at least $1,000 (Iowa R. App. P. 6.601(1)-(2)).

  • Small Claims Appeal Goes to a Different District Judge

    A small claims judgment cannot be appealed to the Court of Appeals or Supreme Court, except where real estate is at issue; any party may instead take the case to a different judge of the same district court on the existing record within 20 days after judgment is rendered (Iowa Code 631.13; Iowa R. App. P. 6.105).

Frequently Asked Questions