Iowa R. App. P. 6.1201 (2026)

Rule 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. [Court Order October 31, 2008, effective January 1, 2009; May 21, 2012; September 29, 2023, effective April 1, 2024]

Ch 6, p.38 APPELLATE PROCEDURE December 2025