Iowa Code

Iowa Code § 631.16 (2026)

Discretionary review

✓ current as of July 2026
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1. A civil action originally tried as a small claim shall not be appealed to the supreme court except by discretionary review as provided herein.

2. “Discretionary review” is the process by which the supreme court may exercise its discretion, in like manner as under the rules pertaining to interlocutory appeals and\n\nTue Dec 09 21:58:51 2025 Iowa Code 2026, Chapter 631 (28, 0) §631.16, SMALL CLAIMS 8\n\ncertiorari in civil cases, to review specified matters not subject to appeal as a matter of right. The supreme court may adopt additional rules to control access to discretionary review.

3. The party seeking review shall be known as the appellant and the adverse party as the appellee, but the title of the action shall not be changed from that in the court below.

4. The record and case shall be presented to the appellate court as provided by the rules of appellate procedure; and the provisions of law in civil procedure relating to the filing of decisions and opinions of the appellate court shall apply in such cases.

5. The appellate court, after an examination of the entire record, may dispose of the case by affirmation, reversal or modification of the lower court judgment, and may order a new trial.

6. The decision of the appellate court with any opinion filed or judgment rendered must be recorded by the supreme court clerk. Procedendo shall be issued as provided in the rules of appellate procedure.

7. The jurisdiction of the appellate court shall cease when procedendo is issued. All proceedings for executing the judgment shall be had in the trial court or by its clerk. [C73, §602.71; C75, 77, 79, 81, §631.16] 85 Acts, ch 157, §1, 2 Rules adopted by the supreme court are published in the compilation “Iowa Court Rules” \n

Notes of Decisions
Cited in 32 cases (1 in the last 5 years), 1978–2025 · leading case: Kelley v. Story Cnty. Sheriff, 611 N.W.2d 475 (Iowa 2000).
Kelley v. Story Cnty. Sheriff, 611 N.W.2d 475 (Iowa 2000). · cites it 6× “The court also concluded that the damage caused to Kelley's property did not constitute a taking of private property under article I, section 18 of the Iowa Constitution and therefore Kelley was not entitled to compensation from defendants.”
Credit Bureau Enter., Inc. v. Pelo, 608 N.W.2d 20 (Iowa 2000). · cites it 4× “In the alternative, the court concluded that Pelo was liable for payment of the hospital bill under a theory of contract implied in law or quasi-contract, based on the court’s conclusion that Pelo benefited from his hospitalization for which he should pay.”
Midwest Check Cashing, Inc. v. Richey, 728 N.W.2d 396 (Iowa 2007). · cites it 2× “Subsequently, Richey applied for discretionary review to the Iowa Supreme Court pursuant to Iowa Code section 631.16 (2005). See Iowa R.App. P.”
Wilson v. Vanden Berg, 687 N.W.2d 575 (Iowa 2004). · cites it 2× “See Iowa Code § 631.16 . He raises, in general, the following issues: (1) the district court abused its discretion in refusing to allow additional evidence; (2) the district court failed to conduct a de novo review; (3) there was not substantial evidence to support the finding…”
Ravreby v. United Airlines, Inc., 293 N.W.2d 260 (Iowa 1980). · cites it 3× “Ravreby petitioned for discretionary review under section 631.16 of the Iowa Code, and we granted the petition.”
Hillview Assocs. v. Palmer, 456 N.W.2d 909 (Iowa 1990). · cites it 8× “Iowa Code § 631.16 (1) (1987). Palmer attempts to specify certain rulings of the district court, made while sitting in an appellate capacity, which are *910 immune from the discretionary provision of section 631.”
Palmer v. Tandem Mgmt. Servs., Inc., 505 N.W.2d 813 (Iowa 1993). · cites it 2× “Iowa Code § 631.16 . We held there was no right of appeal from the rulings of the district court and review by certiorari was not justified.”
Wilson v. Iowa Dist. Court, 297 N.W.2d 223 (Iowa 1980). · cites it 3× “§ 631.16. If the present case had involved only a small claim and had been heard and decided as such, the initial course taken by Rentzel would have been correct: appeal to a district judge.”
Capital One Bank (USA), N.A. v. Denboer, 791 N.W.2d 264 (Iowa Ct. App. 2010). · cites it 2× “See Iowa Code § 631.16 ; Iowa R.App. P. 6.106.”
Lau v. City of Oelwein, 336 N.W.2d 202 (Iowa 1983). · cites it 2× “Defendant argued that the date of rendition of the judgment was the date of signing, while the plaintiffs contended that the relevant date was the date of filing.”
Barnes Beauty Coll. v. McCoy, 279 N.W.2d 258 (Iowa 1979). · cites it 2× “On plaintiff’s request, we granted discretionary review pursuant to § 631.16, The Code, 1979. I. Plaintiff argues that an unsuccessful litigant’s exclusive remedy from error in a small claims action is by an appeal to district court pursuant to § 631.”
Koethe v. Johnson, 328 N.W.2d 293 (Iowa 1982). · cites it 2× “Iowa Code § 631.16 . I. Standard of review.”
— Iowa Code § 631.16(6) — 3 cases
Ravreby v. United Airlines, Inc., 293 N.W.2d 260 (Iowa 1980). “Ravreby petitioned for discretionary review under section 631.16 of the Iowa Code, and we granted the petition.”
In Re Mt, 714 N.W.2d 278 (Iowa 2006).
— Iowa Code § 631.16(7) — 3 cases
In Re Mt, 714 N.W.2d 278 (Iowa 2006).
Michael Young v. State of Iowa, 919 N.W.2d 767 (Iowa Ct. App. 2018).
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