(5) Nature of the case. The nature of the case is a brief statement indicating what the appellant
Rules Of Appellate Procedure
Rule: 6.1101
Jurisdiction: IA
Bluebook Citation: Iowa R. App. P. 6.1101
is appealing, the type of case being appealed, and the disposition of the case in the district court. If a defendant appeals from a criminal conviction, the statement must include the crimes for which the defendant was convicted and the sentence imposed. All portions of the statement must be supported by appropriate references to the record in accordance with rule 6.904(4). (6) Statement of the facts. A statement of the facts reciting the facts relevant to the issues presented for review. Each statement must be supported by specific references to the record in accordance with rule 6.904(4). (7) Jurisdictional statement. In an appeal from a final judgment of sentence following a guilty plea, a jurisdictional statement is required that must include a concise statement that either (1) explains that the appellant pleaded guilty to a class “A” felony, or (2) demonstrates the grounds that establish “good cause” for purposes of Iowa Code section 814.6(1)(a)(3). The appellant December 2025 APPELLATE PROCEDURE Ch 6, p.25 must include citations to the authorities relied on to invoke the supreme court’s jurisdiction and references to the pertinent parts of the record in accordance with rule 6.904(4). (8) Argument section. An argument section structured so that each issue raised on appeal is addressed in a separately numbered division. Each division must include all of the following in the following order: 1. A statement addressing how the issue was preserved for appellate review, with references to the places in the record where the issue was raised and decided in the district court. Filing a notice of appeal does not preserve an issue for appeal, and citing to the notice does not satisfy this requirement. 2. A statement addressing the scope and standard of appellate review (e.g., de novo, correction of errors at law, abuse of discretion), citing relevant authority. 3. An argument containing the appellant’s contentions and the reasons for them with citations to the authorities relied on and references to the pertinent parts of the record in accordance with rule 6.904(4). No authorities or argument may be incorporated into the brief by reference to another document. Failure to cite authority in support of an issue may be deemed waiver of that issue. (9) Conclusion. A conclusion stating the precise relief being sought. (10) Request for oral or nonoral submission. A request to submit the case with or without oral argument. The request may include a statement explaining why oral argument should or should not be granted. (11) Certificate of cost.A certificate of cost is required only for briefs filed in paper form. The amount actually paid for printing or duplicating paper copies of briefs in final form required by these rules must be certified by the attorney. b. Attachments. (1) Using the EDMS electronic attachment function, the appellant must attach to the brief a file-stamped copy of the written judgment(s), order(s), or decision(s) being appealed. Transcripts of oral rulings may not be attached to the brief; parties must cite to the relevant transcript of oral rulings in their brief pursuant to rule 6.904(4). 1. For appeals from administrative agency actions, the appellant must attach the written rulings from each stage of the agency proceeding in addition to the district court’s final judgment, order, or decision. 2. For appeals in criminal cases, the appellant must attach the final judgment of sentence in addition to any specific written order(s) or decision(s) being appealed. 3. For appeals from a ruling on a motion for new trial under Iowa Rule of Civil Procedure 1.1004 or a motion under Iowa Rule of Civil Procedure 1.904(2), the appellant must attach both the judgment, order, or decision that was the subject of the motion and the written ruling on the motion. (2) Attachments containing protected information as defined in Iowa Rule of Civil Procedure 1.422(1) or Iowa Rule of Electronic Procedure 16.602 or a reproduction, quotation, or extensive paraphrase of material that contains protected information must be identified as “confidential” when attached via the EDMS electronic attachment function and must comply with the certificate of confidentiality provisions in rule 6.153(2)(a). COMMENT: Rule 6.903(2)(a)(8)(3). Under rule 6.903(2)(a)(8)(3), an issue may be deemed waived by failure to cite applicable authority in support of an argument. If a party intends to raise a state constitutional issue independent of a federal constitutional issue, ordinarily the party should make a separate argument supported by citation to authority to avoid waiving the issue under rule 6.903(2)(a)(8)(3). 6.903(3) Appellee’s brief. The appellee must file a brief or a statement waiving the appellee’s brief. If the appellee files a brief, the brief must conform to the requirements of rule 6.903(2), except that the nature of the case, statement of the facts, and jurisdictional statement for an appeal from a final judgment of sentence following a guilty plea pursuant to Iowa Code section 814.6(1) (a)(3) need not be included unless the appellee is dissatisfied with the appellant’s statements. Each division of the appellee’s argument must begin with a discussion of whether the appellee agrees with the appellant’s statements on error preservation, scope of review, and standard of review. 6.903(4) Appellant’s reply brief. The appellant may file a brief in reply to the brief of the appellee. Issues may not be asserted for the first time in the reply brief. The reply brief does not need to contain the sections required by rule 6.903(2)(a)(4)–(7), 6.903(2)(a)(8)(1)–(2), and 6.903(2)(a)(10). The reply brief must otherwise comply with rule 6.903(2)(a). Unless a cross- appeal is filed, no further briefs may be filed without leave of the appropriate appellate court. Ch 6, p.26 APPELLATE PROCEDURE December 2025 6.903(5) Briefs in cross-appeals. The brief of the appellee/cross-appellant must respond to the brief of the appellant and then address the issues raised in the cross-appeal. The cross-appellant’s brief must include the attachments required by rule 6.903(2)(b) unless the cross-appeal is from an order attached to the appellant’s brief. The appellant/cross-appellee must file a reply brief responding to the issues presented by the cross-appeal or a statement waiving the reply brief. The appellee/cross-appellant may file a reply brief responding to the appellant/cross-appellee’s reply brief, which must be limited to the cross-appeal and may not assert any issues for the first time. 6.903(6) Multiple appellants or appellees. In a case involving a cross-appeal, an appellee who has not filed a cross-appeal must file a brief that either responds to or waives response to the issues raised in the appellant’s brief, and then addresses the issues raised in the cross-appeal. The appellant must then file either a brief that addresses the appeal or cross-appeal issues, or a statement waiving any responsive brief. If the appellant files a brief that addresses the cross-appeal issues, the appellee may file a reply brief limited to those issues. [Court Order October 31, 2008, effective January 1, 2009; March 5, 2013, effective May 3, 2013; November 18, 2016, effective March 1, 2017; September 29, 2023, effective April 1, 2024; May 24, 2024]
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