IN MATTER OF RULE 6.20(2) (Iowa 2-28-2003)

Supreme Court of Iowa.
February 28, 2003

By action of this court en banc, Iowa Rule of Appellate Procedure 6.20(2) is amended, effective immediately, as shown in attached exhibit “A.”

Dated this 28th day of February, 2003.

THE SUPREME COURT OF IOWA By /s/Louis A. Lavorato Louis A. Lavorato, Chief Justice

EXHIBIT A Iowa Rules of Appellate Procedure RULE 6.20. SHORTENING OR ENLARGING TIME
(1) The supreme court, and the court of appeals as to appeals transferred to it, may upon its own motion or on motion of a litigant shorten or enlarge the time prescribed by the Rules of Appellate Procedure or by the rules of the court or its order for doing any act, or may permit an act to be done after the expiration of such time, but such courts may not enlarge the time for filing a notice of appeal except as provided in rule 6.20(2). In cases where rule 6.17, applies the motion shall so state. A motion to enlarge time which is based on the court reporter’s inability to file the transcript within the time specified by the Iowa rules of appellate procedure or an order of an appellate court shall be served on the court reporter in addition to the other parties.

(2) The supreme court or a justice thereof may extend the time for filing of a notice of appeal if the supreme court or justice determines that a failure to file a timely notice of appeal was due to the failure of the clerk of the trial court to notify the prospective appellant of the entry of the appealable final judgment or decision. Any motion for such an extension of time must be filed with the clerk of the supreme court and served not later than 60 days after the expiration of the time prescribed by rule 6.5(1), Rules of Appellate Procedure, for taking an appeal. The motion and any resistance thereto may be supported by copies of relevant portions of the record and by affidavits which shall be the only form of evidence received. An informational copy of any such motion shall be filed by the moving party with the clerk of district court. No such extension shall exceed sixty days past the time prescribed in rule 6.5(1), or 10 days from the date of entry of the order granting the motion, whichever occurs later.