Rule 6.107 - Original certiorari proceedings(1)Petition for writ of certiorari.a.Applicability. Any party claiming a district judge, a district associate judge, an associate juvenile judge, or an associate probate judge exceeded the judge's jurisdiction or otherwise acted illegally may commence an original certiorari action in the supreme court by filing a petition for writ of certiorari with the clerk of the supreme court as provided in these rules.b.Time for filing. A petition for writ of certiorari must be filed within 30 days after entry of the challenged decision. However, if a motion is timely filed under Iowa Rule of Civil Procedure 1.904(2) or 1.1007, the petition must be filed within 30 days after entry of the ruling on such motion.c.Extension when clerk of district court fails to notify. The supreme court may extend the time for filing a petition for writ of certiorari if it determines the clerk of the district court failed to notify the prospective party of entry of the challenged decision.(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 expiration of the time for filing a petition for writ of certiorari.(2) The motion and any resistance must be supported by affidavit and copies of relevant portions of the record.(3) An extension granted under this rule may not exceed 30 days after the date of the order granting the motion.d.Special service of petition on attorney general. If the State is a party, the petition must be served on the attorney general in the manner stated in Iowa Rule of Civil Procedure 1.442(2).e.Content and form of petition.(1) The caption of the petition must name the challenging party as the plaintiff and the district court, not the judge, as the defendant.(2) The date of any impending hearing, trial, or matter needing immediate attention of the court must be prominently displayed beneath the title of the petition.(3) The petition must follow the content and form requirements of rules 6.1002(1) and 6.1007.(4) The petition must state whether the plaintiff raised the issue in the district court, identify the interest of the plaintiff in the challenged decision, and state the grounds that justify issuance of the writ.f.Filing fee. The plaintiff 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).g.Filing of petition does not stay district court proceedings. Filing a petition for writ of certiorari does not stay the district court proceedings. The plaintiff 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 to the supreme court for a stay order must state the dates of any proceedings to be stayed and why a stay is necessary. Comment: Rule 6.107(1). This rule is not intended to affect prior caselaw concerning the supreme court's constitutional authority to review decisions rendered by other judicial tribunals. See, e.g., State v. Davis, 493 N.W.2d 820, 822 (Iowa 1992).
(2)Resistance; consideration; ruling. A petition for writ of certiorari may be resisted and will be considered in the same manner provided for motions in rule 6.1002. An order granting the petition may stay further proceedings below, may require bond, and may expedite the time for briefing and submission. The clerk of the supreme court will promptly transmit a copy of the ruling on the petition to the attorneys of record, any 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).(3)Issuance of writ. If the petition for writ of certiorari is granted, the clerk of the supreme court must issue a writ under its seal. The original writ must be transmitted to the clerk of the district court, which will constitute service on the district court.(4)Procedure after order granting petition. The plaintiff must file and serve the combined certificate required by rule 6.804(1) within 7 days after the filing date of the order granting the petition or appointment of new appellate counsel, whichever is later. See Iowa R. App. P. 6.702(4). Further proceedings will be had pursuant to the rules of appellate procedure. The appellate rules applicable to appellants apply to plaintiffs and those applicable to appellees apply to defendants.(5)Representation of district court. Parties before the district court other than the certiorari plaintiff must defend the district court and make all filings required of the defendant under these rules unless permitted to withdraw by the supreme court. a. A party required to defend the district court under this rule may file an application to withdraw stating (1) whether the applicant raised the issue addressed in the challenged decision in the district court, (2) the interest or lack of interest of the applicant in the challenged decision, and (3) the grounds justifying withdrawal.b. The application to withdraw must be served on the district court by filing the application with the clerk of the district court and on the attorney general if the State is a party in the manner stated in Iowa Rule of Civil Procedure 1.442(2).Court Order October 31, 2008, effective 1/1/2009; Court Order November 18, 2016, effective 3/1/2017; 7/20/2017; Court Order September 29, 2023, effective 4/1/2024.