Rule 6.104 - Review of interlocutory rulings or orders(1)Application for interlocutory appeal.a.Applicability. Any party aggrieved by an interlocutory ruling or order of the district court may apply to the supreme court for permission to appeal in advance of final judgment.b.Time for filing in termination of parental rights and child in need of assistance proceedings.(1) An application for interlocutory appeal in an Iowa Code chapter 232 termination of parental rights or a child in need of assistance proceeding must be filed within 15 days after entry of the challenged ruling or order. However, if a motion is timely filed under Iowa Rule of Civil Procedure 1.904(2), the application must be filed within 15 days after the entry of the ruling on such motion.(2) The application for interlocutory appeal cannot be filed unless signed by both the applicant and the applicant's counsel. An application for interlocutory appeal must follow the requirements of Iowa Rule of Electronic Procedure 16.305(5) (c)(1) for filing documents containing two or more signatures. The appellant's signature must be an original or an unaltered digitized signature. See Iowa R. Elec. P. 16.201(35).(3) If the application is granted, the appellant must file a petition on appeal as set forth in rule 6.201(1) (b). The failure to file a timely petition on appeal will result in dismissal of the interlocutory appeal.c.Time for filing in all other cases. An application for interlocutory appeal must be filed within 30 days after entry of the challenged ruling or order. However, if a motion is timely filed under Iowa Rule of Civil Procedure 1.904(2), the application must be filed within 30 days after filing of the ruling on such motion.d.Extension when clerk of district court fails to notify. The supreme court may extend the time for filing an application for interlocutory appeal if it determines the clerk of the district court failed to notify the prospective appellant of entry of the challenged ruling or order. (1) A motion for an extension of time must be filed with the clerk of the supreme court and an informational copy filed with the clerk of the district court no later than 60 days after the expiration of the time for filing an application for interlocutory appeal. The motion and any resistance must be supported by copies of relevant portions of the record and by affidavits.(2) An extension granted under this rule will not exceed 30 days after the date of the order granting the motion.e.Special service of application. If the State is a party, the application must be served on the attorney general in the manner stated in Iowa Rule of Civil Procedure 1.442(2).f.Content and form of application. The application must follow the content and form requirements of rules 6.1002(1) and 6.1007. In addition, the applicant must state with particularity the substantial rights affected by the challenged ruling or order, how the ruling or order will materially affect the final decision, and how a determination of its correctness before trial on the merits will better serve the interests of justice. The date of any impending hearing, trial, or matter needing immediate attention of the court must be prominently displayed beneath the title of the application.g.Filing fee. The applicant must pay a filing fee to the clerk of the supreme court or file a motion to waive or defer the fee as provided in rules 6.703(2) (a) and 6.703(2)(b).h.Filing of application does not stay district court proceedings. Filing of an application for interlocutory appeal does not stay district court proceedings. The applicant may apply to the district court for a continuance or a stay of proceedings or to the supreme court for a stay of proceedings. Any application for a stay order from the supreme court must state the dates of any proceedings to be stayed and why a stay is necessary.(2)Resistance; consideration; ruling. The application may be resisted and will be considered in the same manner provided for motions in rule 6.1002. The supreme court may grant permission to appeal on finding the challenged ruling or order involves substantial rights and will materially affect the final decision and that a determination of its correctness before trial on the merits will better serve the interests of justice. An order granting an appeal under this rule will stay further proceedings in the court below, may require bond, and may expedite the time for briefing and submission.(3)Procedure after order granting application. The clerk of the supreme court will promptly transmit a copy of the order granting the interlocutory appeal to all counsel of record, all parties not represented by counsel, the clerk of the district court, and the attorney general if the State is a party in the manner stated in Iowa Rule of Civil Procedure 1.442(2). The appellant must file and serve the combined certificate required by rule 6.804(1) within seven days after the filing date of the order granting the interlocutory appeal or court appointment of new appellate counsel, whichever is later. See Iowa R. App. P. 6.702(4).Court Order October 31, 2008, effective 1/1/2009; November 18, 2016, effective 3/1/2017; Court Order July 20, 2017, temporarily effective 7/20/2017, permanently effective 9/18/2017; Court Order September 29, 2023, effective 4/1/2024.