Iowa R. App. P. 6.106

6.106(1) Application for discretionary review.

a. Applicability. An application for discretionary review may be filed with the clerk of the

supreme court to review certain orders specified by statute that are not subject to appeal as a

matter of right.

b. Time for filing. An application for discretionary review must be filed within 30 days after

entry of the challenged ruling, order, or judgment of the district court. 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 entry of the ruling on such motion.

c. Extension where clerk of district court fails to notify. The supreme court may extend the

time for filing an application for discretionary review if it determines the clerk of the district

court failed to notify the applicant of entry of the ruling, order, or judgment.

(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 an application for discretionary review. The motion and any resistance must

be supported by affidavit and copies of relevant portions of the record.

(2) An extension granted under this rule may not exceed 30 days after the date of the order

granting the motion.

d. 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).

e. 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 application must state with

particularity the grounds upon which discretionary review should be granted. 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.

f. 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).

g. Filing of application does not stay district court proceedings. Filing an application for

discretionary review 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 set forth the dates of

any proceedings to be stayed and why a stay is necessary.

6.106(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 discretionary review upon a determination that (1) substantial justice has not been accorded

the applicant, (2) the grounds set forth in rule 6.104(1)(f) for an interlocutory appeal exist, or

(3) the grounds prescribed in any statute allowing discretionary review exist. An order allowing

discretionary review under this rule may stay further proceedings below, may require bond, and

may expedite the time for briefing and submission.

6.106(3) Procedure after order granting application. The clerk of the supreme court will

promptly transmit a copy of the order granting discretionary review 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). 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 discretionary review or appointment of new appellate counsel,

whichever is later. See Iowa R. App. P. 6.702(4). Further proceedings shall be had pursuant to the

rules of appellate procedure.