IA · rules
Iowa R. App. P. 6.1201
Voluntary dismissals
6.1201(1) Dismissal of appeal. An appeal may be voluntarily dismissed by the party who filed
the appeal at any time before a decision is filed by either the supreme court or the court of
appeals.
6.1201(2) Dismissal of cross-appeal. A cross-appeal may be voluntarily dismissed by the
party who filed the cross-appeal at any time before a decision is filed by either the supreme court
or court of appeals.
6.1201(3) Effect of dismissal. The clerk of the supreme court will promptly issue procedendo
upon the filing of a voluntary dismissal unless another party’s appeal or cross-appeal remains
pending under the same appellate docket number. If only a cross-appeal remains pending
following the dismissal, the cross-appeal becomes the primary appeal, and the cross-appellant
will assume the role of the appellant. The issuance of procedendo constitutes a final adjudication
with prejudice. A voluntary dismissal of a direct appeal from a criminal case does not preclude
the subsequent consideration of a claim for ineffective assistance of counsel in an action for
postconviction relief pursuant to Iowa Code chapter 822.
History
[Court Order October 31, 2008, effective January 1, 2009; May 21, 2012; September 29, 2023, effective April 1, 2024]
Provenance
- Source
- www.legis.iowa.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
8a9b11daae04cef296a8e1fecfc401235e3311a29ebb8b09a471a5ba55c3fc4c
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.