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Iowa R. App. P. 6.152

Parties and attorneys on appeal; caption; substitution of parties; withdrawal of counsel

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

6.152(1) Parties on appeal. The party who files a notice of appeal is the appellant, and the

opposing party is the appellee. If opposing parties seek to appeal, the party who first files a notice

of appeal is the appellant/cross-appellee, and the other party is the appellee/cross-appellant,

unless the parties otherwise agree or the supreme court otherwise orders upon motion of any

party.

6.152(2) Caption on appeal. The appeal must be captioned under the title of the action in the

district court, with the parties identified as appellant and appellee. Parties not involved in the

appeal may be omitted from the caption. If the title does not contain the name of the appellant,

the appellant’s name must be added to the caption.

6.152(3) Substitution of party. If substitution of a party is sought for any reason, including

those stated in Iowa Rules of Civil Procedure 1.221, 1.222, 1.223, 1.224, and 1.226, the person

seeking the substitution must file a motion for substitution of party with the clerk of the supreme

court.

6.152(4) Attorneys and guardians ad litem. The attorneys and guardians ad litem of record in

the district court will be the attorneys and guardians ad litem in the appellate court, unless others

are retained or appointed and notice is given to the parties and the clerk of the supreme court.

However, the representation of an attorney appointed for a minor child or children pursuant to

Iowa Code section 598.12 ends when an appeal is taken, unless the district court appoints the

attorney or a successor for the appeal.

6.152(5) Withdrawal of attorney. An attorney may not withdraw from representation of a party

before an appellate court without permission of that court unless another attorney has appeared or

simultaneously appears for the party. A motion for permission to withdraw as counsel for a party

must show service of the motion on the party and must include the party’s address, telephone

number, and any available email address. Before court-appointed trial counsel for a criminal

defendant may withdraw, the court file must contain proof counsel has completed counsel’s duties

under Iowa Rule of Criminal Procedure 2.29(5).

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
ba697ac27c3ad82b9130ba73062c52ea685879cc0df20ddff87a9d2886551545
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Iowa R. App. P. 6.152 — Parties and attorneys on appe… · binding.law