As amended through Septmber 9, 2024
Rule 6.601 - Supersedeas bond(1)Requirement of bond and eject on judgment. Except upon supreme court order or upon district court order entered pursuant to rule 6.601(3), no appeal stays proceedings under a judgment or order unless the appellant executes a bond with sureties, filed with and approved by the district court or the clerk of the district court where the judgment or order was entered. Initiation of appeal will not stay, vacate, or affect the judgment or order appealed from; but the district court or the clerk of the district court will issue a written order requiring the appellee and all others to stay proceedings under it or such part of it as has been appealed from when the supersedeas bond is filed and approved.(2)Condition and amount of bond.a. The conditions of such bond will be that the appellant must 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 the appellant on the appeal, and all rents from or damage to property during the pendency of the appeal of which the appellee is deprived by reason of the appeal.b. If the judgment or order appealed from is for money, the bond must not exceed 110% of the amount of the money judgment, unless the district court otherwise sets the bond at a higher amount pursuant to Iowa Code section 625A.9(2) (a). The bond must not exceed the maximum amount set forth in Iowa Code section 625A.9(2) (b). In all other cases, the bond must be an amount sufficient to hold the appellee harmless from the consequences of the appeal, but in no event less than $1000.(3)Bond by State or political subdivision. Upon motion and for good cause shown, the district court may stay all proceedings under the order or judgment being appealed and permit the State or any of its political subdivisions to appeal a judgment or order to the supreme court without the filing of a supersedeas bond.(4)Form of bond. A supersedeas bond secured by cash, a certificate of deposit, or government security in a form and in an amount approved by the clerk of the district court may be filed in lieu of other form of bond. If a cash bond is filed, the cash must be deposited at interest with the interest earnings being paid into the general fund of the State in accordance with Iowa Code section 602.8103(5). The cash bond will be disbursed pursuant to court order upon the district court's receipt of the procedendo.(5)Child custody. A supersedeas bond filed pursuant to this rule does 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 6.604.Court Order October 31, 2008, effective1/1/2009; Court Order September 29, 2023, effective 4/1/2024.