Opinion
January 24, 2003
ORDER
By action of this court en banc, Iowa Rule of Appellate Procedure 6.402 is amended, effective immediately, as shown in attached exhibit "A."
Dated this 24th day of January, 2003.
THE SUPREME COURT OF IOWA By Louis A. Lavorato Louis A. Lavorato, Chief Justice
EXHIBIT A IOWA RULES OF APELLATE PROCEDURE
RULE 6.402. APPLICATION FOR FURTHER REVIEW
(1) Fee. A fee of $25 dollars shall be required for filing an application to the Supreme Court for further review of a decision of the Court of Appeals.
(2) Time for Filing. An application for further review shall be filed within the twenty-day period provided in Iowa Code section 602.4102 (4).
(3) Grounds. An application to the supreme court for further review shall allege precisely and in what manner the court of appeals has done any of the following:
a. Made in error of law.
b. Rendered a decision which is in conflict with a prior holding of a published Court of Appeals decision or published supreme court decision.
c. Failed to consider a potentially controlling constitutional provision in rendering its opinion.
d. Decided a case which should have been retained by the supreme court.
(4) Form and length of application and resistance and number to be filed. Each copy of the application for further review shall contain or be accompanied by a copy of the opinion of the Court of Appeals, showing the date of its filing. The application shall be a single document including a brief in support of the request for review. All contentions in support of the application shall be included therein, including all legal authorities and argument. In all cases other than appeals from Iowa Code chapter 232 child in need of assistance or termination proceedings, party who desires to file a resistance shall do so within ten days after service of the application. No resistance will be received in child of need of assistance or termination proceedings unless requested by the supreme court. The resistance shall be a single document which includes all contentions in opposition to the application. The cover of the application for further review and resistance should be yellow. The cover of the application for further review and resistance should be yellow. The cover of the application or resistance thereto, shall contain: (1) The name of the court and the appellate number of the case; (2) the title of the case (see rule 6.12(1)); (3) the date of filing of the court of appeals' opinion under review; (4) the title of the document; and (5) the name, address, and telephone number of counsel representing the party on whose behalf the document is filed. No authorities or argument may be incorporated into the application or the resistance by reference to another document. An application or resistance shall be in the form prescribed by rule 6.16(1), except that it may be printed or duplicated on one side of the sheet. The application or resistance shall not exceed 20 pages exclusive of the Court of Appeals opinion, index of contents, table of authorities and permitted evidentiary exhibits and trial court orders. No materials shall be annexed to or filed with an application or resistance other than the opinion of the Court of Appeals, except that, if it is of unusual significance, an evidentiary exhibit not exceeding ten pages and a trial court order not exceeding that length may be annexed. Eighteen copies of an application or a resistance shall be filed. In addition, two copies shall be served on each other party separately represented.
(5) Supplemental briefs. If an application for further review is granted, the Supreme Court may require the parties to file supplemental briefs on the merits of all or some of the issues to be reviewed.
(6) Procedendo. When an application for further review is denied by order of the Supreme Court or by operation of law, the clerk of the Supreme Court shall immediately issue procedendo.