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Iowa R. App. P. 6.1204

Petition for rehearing in the court of appeals

activein force · 2024-04-01 – presentact-effective-date

6.1204(1) Filing does not toll further review deadline. The filing of a petition for rehearing

with the court of appeals does not toll the 20-day period provided in Iowa Code section

602.4102(4) for filing an application for further review of a court of appeals decision with the

supreme court. Nothing in these rules prohibits any party from filing both a petition for rehearing

with the court of appeals and an application for further review with the supreme court.

6.1204(2) Time for filing. A petition for rehearing must be filed within seven days after the

filing of the court of appeals decision.

6.1204(3) Content. The petition must state with particularity the points of law or fact that in

the opinion of the petitioner the court of appeals has overlooked or misapprehended.

6.1204(4) Response. No response to a petition for rehearing will be received unless requested

by the court of appeals.

6.1204(5) Action by court of appeals.

a. Oral argument in support of a petition for rehearing not permitted.

b. If the petition for rehearing is not expressly granted or denied by the court of appeals within

seven days after the petition is filed, the petition will be deemed denied. Upon request of the

court of appeals within the seven-day period, the supreme court may grant an extension not to

exceed seven days for the court of appeals to rule upon the petition.

c. If the petition for rehearing is granted, the decision of the court of appeals is vacated and the

court of appeals retains jurisdiction of the case. The court of appeals may dispose of the case with

or without oral argument, order resubmission, or enter any other appropriate order. The decision

after rehearing will be subject to further review as provided in Iowa Code section 602.4102(4).

6.1204(6) Stay of pending application of further review. Upon motion of a party or request of

the court of appeals, the supreme court may stay any pending application for further review for

consecutive periods of up to 30 days during the pendency of a petition for rehearing.

6.1204(7) Form of petition. The petition for rehearing must be in the form prescribed by rule

6.903(1). Except by permission of the court of appeals, a petition for rehearing may not exceed

one-fifth of the length limitations for a required brief specified in rule 6.903(1)(i).

History

[Court Order October 31, 2008, effective January 1, 2009; November 18, 2016, effective March 1, 2017; September 29, 2023, effective April 1, 2024]

Provenance

Source
www.legis.iowa.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
11ae881de3569f8dcb1b88c0204e993d0b042a015dfd06875b812a11ca4b0a09
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Iowa R. App. P. 6.1204 — Petition for rehearing in th… · binding.law