Opinion
July 24, 2003.
TO: THE HONORABLE DONALD B. REDFERN, CHAIR OF THE SENATE JUDICIARY COMMITTEE OF THE 2003 REGULAR SESSION OF THE EIGHTIETH GENERAL ASSEMBLY OF THE STATE OF IOWA.
Pursuant to Iowa Code sections 602.4201 and 602.4202 (2003), the Supreme Court of Iowa has approved and reports on this date to the Chair of the Senate Judiciary Committee the amendment of Iowa Rule of Appellate Procedure 6.7 as shown in attached exhibit "A." The amendments shall take effect October 1, 2003.
Dated this 23rd day of July, 2003.
Respectfully submitted,
THE SUPREME COURT OF IOWA
By /s/ Louis A. Lavorato Louis A. Lavorato, Chief Justice
ACKNOWLEDGMENT
I, the undersigned, Chair of the Senate Judiciary Committee, hereby acknowledge delivery to me on the __________ day of ___, the Report of the Supreme Court pertaining to the amendment of Iowa Rule of Appellate Procedure 6.7.
________________________________________ Chair of the Senate Judiciary Committee
Please retain the copy and sign and return the original to: The Iowa Supreme Court Clerk's Office, Iowa Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319.
EXHIBIT A IOWA RULES OF APPELLATE PROCEDURE
Rule 6.7 Supersedeas bond. 6.7(1) Except upon order entered by the supreme court, pursuant to a procedural, appellate, or court rule, or upon order entered by the district court pursuant to rule 6.7(3), no appeal shall stay proceedings under a judgment or order unless appellant executes a bond with sureties, to be filed with and approved by the clerk of the court where the judgment or order was entered. The condition of such bond shall be that appellant will satisfy and perform the judgment if affirmed, or any judgment or order, not exceeding in amount or value the obligation of the judgment or order appealed from, which an appellate court may render or order to be rendered by the district court; and also all costs and damages adjudged against appellant on the appeal, and all rents of or damage to property during the pendency of the appeal of which appellee is deprived by reason of the appeal.
6.7(2) If the judgment or order appealed from is for money, such bond shall be one hundred ten percent of the amount of the money judgment. In all other cases, the bond shall be an amount sufficient to save appellee harmless from the consequences of the appeal; but in no event less than $300. 6.7(3) Where the state or any of its political subdivisions appeal a judgment or order, the district court may, upon motion and for good cause shown, stay all proceedings under the order or judgment being appealed without the filing of a supersedeas bond. 6.7(4) No appeal shall vacate or affect the judgment or order appealed from; but the clerk shall issue a written order requiring appellee and all others to stay proceedings under it or such part of it as has been appealed from, when the appeal bond is filed and approved.
6.7(5) An appeal bond secured by cash, a certificate of deposit, or government security, in a form and in an amount approved by the clerk may be filed in lieu of other bond. If a cash bond is filed, the cash shall be deposited at interest with interest earnings being paid into the general fund of the state in accordance with Iowa Code section 602.8103(5). The cash bond shall be disbursed pursuant to court order upon termination of the appeal.
6.7(6) A supersedeas bond filed pursuant to this rule shall not stay an order, judgment, decree, or portion thereof affecting the custody of a child. Requests for stays involving child custody are governed by rule 6.22(11).