Iowa Code § 625A.1
Mistake of clerk below
A mistake of the clerk shall not be ground for an appeal until the same has been presented to and acted upon by the court below.
Iowa Code Chapter 625A — Appellate Court Procedure
Iowa · statute · Iowa Code ch. 625A · 19 active provisions
Provisions
Iowa Code § 625A.2
Motion for new trial
An appellate court on appeal may review and reverse any judgment or order of the district court, although no motion for a new trial was made in such court.
Iowa Code § 625A.3
Time for appealing in re constitutional test
If the action challenges the legality, validity, or constitutionality of a proposed constitutional amendment, notice of appeal may be taken within three days from and after the entry of the decree in district court, and not afterwards.
Iowa Code § 625A.4
Coparties not joining
Coparties, refusing to join in an appeal, cannot afterward appeal, or derive any benefit therefrom, unless from the necessity of the case, but they shall be held to have joined, and be liable for their proportion of the costs, unless they appear and object thereto.
Iowa Code § 625A.5
Appeal from part of judgment or order — effect
An appeal from part of an order, or from one of the judgments of a final adjudication, or from part of a judgment, shall not disturb, delay, or affect the rights of any party to any judgment or order, or part of a judgment or order, not appealed from.
Iowa Code § 625A.6
Filing in re action to test constitutionality
If the action challenges the legality, validity, or constitutionality of a proposed constitutional amendment, an abstract of record shall be filed within five days after the service of notice of appeal, unless additional time, not to exceed three days, be granted by the chief justice.
Iowa Code § 625A.7
Challenges to constitutionality of statutes notice to general assembly
1. In an action that challenges the constitutionality of a statute, the appellant shall do all of the following: a. File a notice of constitutional question stating the question and identifying the pleading, motion, or petition that raises the challenge to the constitutionality of the statute. b. Serve notice and a cop…
Iowa Code § 625A.8
Return of original papers
If a new trial is granted by an appellate court, the clerk, as soon as the cause is at an end therein, shall transmit to the clerk of the court below all original papers or exhibits certified up from said court, and may at any time return any such papers when no new trial is awarded.
Iowa Code § 625A.9
Execution on unstayed part of judgment — supersedeas bond waived
1. The taking of the appeal from part of a judgment or order, and the filing of a bond, does not stay execution as to that part of the judgment or order not appealed from. 2. a. 1. Except as provided in paragraph “b”, if the judgment or order appealed from is for money, such bond shall not exceed one hundred ten percen…
Iowa Code § 625A.10
Execution recalled
If execution has issued prior to the filing of the bond, the clerk shall countermand the same.
Iowa Code § 625A.11
Surrender of property
Property levied upon and not sold at the time such countermand is received by the sheriff shall be at once delivered to the judgment debtor.
Iowa Code § 625A.12
Bond for costs
The appellant may be required to give security for costs under the same circumstances and upon the same showing as plaintiffs in civil actions in the inferior court may be.
Iowa Code § 625A.13
Arguments in re constitutional test
If the action challenges the legality, validity or constitutionality of a proposed constitutional amendment, the appellant shall file a written argument with the supreme court within ten days after the filing of the abstract and appellee shall file an argument within ten days thereafter, and appellant shall then file a…
Iowa Code § 625A.14
Remand — process
If an appellate court affirms the judgment or order of an inferior court, it may send the cause to the appropriate court below to have the same carried into effect, or may issue the necessary process for this purpose, directed to the sheriff of the proper county, as the party may require.
Iowa Code § 625A.15
Restitution of property
If, by the decision of an appellate court, the appellant becomes entitled to a restoration of any part of the money or property that was taken from the appellant by means of a judgment or order, either the appellate court or the court below may direct execution or writ of restitution to issue for the purpose of restori…
Iowa Code § 625A.16
Title not affected
Property acquired by a purchaser in good faith under a judgment subsequently reversed shall not be affected thereby.
Iowa Code § 625A.17
Death of party — continuance
The death of one or all of the parties shall not cause the proceedings to abate, but the names of the proper persons shall be substituted, as is provided in such cases in the district court, and the case may proceed. The court may also, in such case, grant a continuance when such a course will be calculated to promote…
Iowa Code § 625A.18
Executions
Executions issued from the appellate courts shall be like those from the district court, attended with the same consequences, and returnable in the same time.
Iowa Code § 625A.19
Members of the general assembly as amicus curiae
1. When the constitutionality of an Act of the Iowa legislature is drawn into question in any appellate proceeding or further review proceeding to which the general assembly or an officer, agency, or employee thereof is not a party, the majority leader of the senate, the minority leader of the senate, the speaker of th…