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June 2010 APPELLATE PROCEDURE Ch 6, p.15
DIVISION VIII
RECORD ON APPEAL
Rule 6.801 Composition of record on appeal. The original papers and exhibits filed in the district
court, the transcript of proceedings, if any, and a certified copy of the docket and court calendar entries
prepared by the clerk of the district court shall constitute the record on appeal in all cases.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.802 Transmission of record.
6.802(1) Transmission of notice of appeal and docket entries. The clerk of the district court shall
transmit certified copies of the notice of appeal, the notice of cross-appeal, if any, and the docket
entries in the district court proceeding to the clerk of the supreme court, all parties or their attorneys,
any court reporter who reported a proceeding that is the subject of the appeal, and the attorney general
in juvenile cases and other cases in which the State of Iowa is an interested party whether or not the
attorney general has appeared in the district court. Transmission shall be completed within four days
after the filing of the notice of appeal or the notice of cross-appeal, if any. Upon receipt of the certified
copies, the clerk of the supreme court shall assign a number to the case and create a docket.
6.802(2) Transmission of remaining record. No later than seven days after all briefs in final form
have been served or the times for serving them have expired, the appellant shall request the clerk
of the district court to transmit to the clerk of the supreme court any remaining record. The record
shall include the original papers and exhibits filed in the district court. Exhibits of unusual bulk or
weight shall not be transmitted by the clerk unless a party or the clerk of the supreme court requests
transmission. A party shall make advance arrangements with the clerk of the district court for the
transmission and the clerk of the supreme court for the receipt of exhibits of unusual bulk or weight.
6.802(3) Certification of confidential record. Whenever the clerk of the district court transmits to
the clerk of the supreme court or to a party a district court record or any portion of a district court
record that is declared by any statute or rule of the supreme court to be confidential, the clerk of the
district court shall certify its confidential nature. The certificate shall cite the applicable statute or
rule, be signed by the clerk of the district court, and be affixed on top of the cover page of the record
or portion of the record.
6.802(4) Retention of trial record in district court. If the record or any part of it is required in the
district court for use pending the appeal, the district court may order its retention. In such cases, the
clerk of the district court shall retain the record or parts of it in compliance with the district court’s
order and shall transmit to the clerk of the supreme court a copy of the order, a certified copy of the
records retained pursuant to the order, and the remaining records that are not retained under the district
court’s order. The appellate court may require transmission of an original record retained pursuant to
the order. The parts of the record not transmitted to the clerk of the supreme court shall be part of the
record on appeal for all purposes.
6.802(5) Portions of record not transmitted. Any parts of the record not transmitted to the clerk
of the supreme court shall, on request of an appellate court or any party, be transmitted by the clerk
of the district court to the clerk of the supreme court.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.803 Transcript.
6.803(1) Ordering transcript. Within seven days after filing the notice of appeal, the appellant
shall use the combined certificate to order in writing from the court reporter a transcript of such parts
of the proceedings not already on file as the appellant deems necessary for inclusion in the record. If
the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence
or is contrary to the evidence, the appellant shall include in the record a transcript of all evidence
relevant to such finding or conclusion.
6.803(2) Form of transcript. The following transcript format requirements shall be followed
whether the transcript is produced in printed or electronic format.
a. Page layout. A page of transcript shall consist of no fewer than 25 lines per page of type on
paper 8 1/2 by 11 inches in size, prepared for binding on the left side. Margins shall be 1 1/8 inches
on each side and 1 inch on the top and bottom. Pages shall be numbered consecutively in the upper
right-hand corner. When the transcript for a proceeding consists of multiple volumes, pagination shall
be consecutive throughout.