As amended through Septmber 9, 2024
Rule 6.901 - Filing and service of briefs and amendments(1)Time for filing briefs. Except for cases expedited under rule 6.902, the following filing deadlines apply: a. Appellant's brief. The appellant's brief must be filed within 50 days after the date the clerk of the supreme court gives the notice of the briefing deadline required under rule 6.803(6).b.Appellee's brief. Within 30 days after service of the appellant's brief, the appellee must file either a brief, a written statement under rule 6.903(3) waiving the brief, or a combined appellee's/cross-appellant's brief pursuant to rule 6.903(6).c.Reply briefs. If a cross-appeal has not been filed, the appellant may file a reply brief within 21 days after service of the appellee's brief. If a cross-appeal has been filed, the appellant/cross-appellee must respond within 21 days after service of the appellee/cross-appellant's brief by filing either a reply brief or a statement waiving any further brief. If the appellant/cross-appellee files a reply brief, the appellee/cross-appellant may file a reply brief within 14 days after service of the appellant's/cross-appellee's reply brief.(2)Request to modify roles and briefing schedule. If the parties' interests differ from traditional appellant-appellee roles, a party may request the clerk of the supreme court to realign the parties or modify the briefing schedule.(3)Notice of constitutional question.aNotice to the attorney general. When the constitutionality of an act of the general assembly is drawn into question in an appeal or other proceeding to which the State of Iowa or an officer, agency, or employee thereof is not a party in an official capacity, the party raising the constitutional issue must, within 3 days after filing the party's brief, provide the attorney general with written notice containing the supreme court case number, a reference to rule 6.901(3) identifying the act called into question, and the contact information of the attorney(s) of record. The notice to the attorney general may be provided by regular mail or as directed by the attorney general. An informational copy of the notice must be filed with the clerk of the supreme court within 3 days after the filing of the party's brief.b.Notice to the general assembly. Iowa Code section 625A.7 governs notice to the general assembly regarding challenges to the constitutionality of a statute.(4)Counsel's duty to serve brief on respondent committed under Iowa Code chapter 229A. In addition to the service requirements of rule 6.702, appellate counsel for a respondent committed under Iowa Code chapter 229A must serve a copy of counsel's brief upon the respondent. Counsel must indicate such service in the certificate of service on the brief. The certificate of service must include the address at which the respondent was served.(5)Pro se supplemental briefs by respondents committed under Iowa Code chapter 229A.a.Filing of supplemental brief.(1) Any respondent committed under Iowa Code chapter 229A may submit a pro se supplemental brief to the clerk of the supreme court within 15 days after service of the brief filed by respondent's counsel.(2) Any pro se supplemental brief submitted beyond this period by a properly served respondent will not be considered by the court and no response by the State will be allowed.(3) The pro se supplemental brief may not exceed more than one-half of the length limitations for a required brief specified in rule 6.903(1) (i) unless otherwise ordered by the court for good cause shown.(4) A pro se supplemental brief may be filed by the pro se filer or by the pro se filer's counsel.b.Pro se as appellant.(1) If the respondent is the appellant, the State's brief must be filed within 30 days after service of the pro se supplemental brief, and the State must serve a copy of its brief upon the appellant.(2) Within the time provided for the appellant's counsel to file a reply brief, the appellant may also file a pro se supplemental reply brief. The pro se supplemental reply brief may not exceed more than one-half of the length limitations for a reply brief specified in rule 6.903(1) (i) unless otherwise ordered by the court for good cause shown.c.State as appellant. If the State is the appellant, the State must serve and file a reply brief, if any, within 21 days after service of the pro se supplemental brief.d.Counsel s duty to ensure filing and service of supplemental briefs. Counsel for the respondent must ensure that pro se supplemental briefs have been electronically filed and ensure that service has been accomplished pursuant to rule 6.702.(6)Other supplemental briefs. If the appellate court concludes supplemental briefs from the parties will assist the court in deciding any issue in the case, it may file an order stating the issue or issues to be addressed, the length of such brief, and the schedule for filing them.(7)Multiple adverse parties. In the event of multiple appellants, the deadline to file a responding appellee's brief will run from the date of service of the last appellant's brief filed. In the event of multiple appellees, the deadline to file any reply brief will run from the date of service of the last timely served appellee's brief, the last statement waiving a brief, or the date of expiration of time for such service.(8)Amendments.a. An appellant's opening brief may be amended once within 15 days after service of the brief, provided no brief has been served in response to it. The time for serving and filing of the appellee's brief will be measured from the date of service of the amendment to the appellant's brief.b. An appellee's brief may be amended once within ten days after service, provided no brief has been served in reply to it. The time for serving and filing the appellant's reply brief will be measured from the date of service of the amendment to the appellee's brief.c. A reply brief may be amended once within 7 days after it is served.d. Any other amendments to the briefs may be made only with leave of the appropriate appellate court. An amendment may be conditionally filed with a motion for leave.(9)Deadlines shortened by order. The supreme court may shorten the periods for serving and filing briefs.Court Order October 31, 2008, effective 1/1/2009; Court Order November 18, 2016, effective 3/1/2017; effective 7/20/2017; Court Order September 29, 2023, effective 4/1/2024; Court Order May 24, 2024, effective 5/24/2024.