Senate File 160
SENATE FILE
BY WARNSTADT
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act authorizing the district court to waive the requirement
2 that the state or any of its political subdivisions file a
3 supersedeas bond upon appeal to the Iowa supreme court.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1252XS 80
6 rh/cls/14
PAG LIN
1 1 Section 1. Section 625A.9, Code 2003, is amended to read
1 2 as follows:
1 3 625A.9 EXECUTION ON UNSTAYED PART OF JUDGMENT ==
1 4 SUPERSEDEAS BOND WAIVED.
1 5 1. The taking of the appeal from part of a judgment or
1 6 order, and the filing of a bond as above directed, does not
1 7 stay execution as to that part of the judgment or order not
1 8 appealed from.
1 9 2. Upon motion and for good cause shown, the district
1 10 court may stay all proceedings under the order or judgment
1 11 being appealed and permit the state or any of its political
1 12 subdivisions to appeal a judgment or order to the supreme
1 13 court without the filing of a supersedeas bond.
1 14 Sec. 2. Rule of appellate procedure 6.7, Iowa court rules,
1 15 fourth edition, is amended by adding the following new
1 16 subrule:
1 17 NEW SUBRULE. 6.7(6) Upon motion and for good cause shown,
1 18 the trial court may stay all proceedings under the order or
1 19 judgment being appealed and permit the state or any of its
1 20 political subdivisions to appeal a judgment or order to the
1 21 supreme court without the filing of a supersedeas bond.
1 22 EXPLANATION
1 23 This bill permits the state or any of its political
1 24 subdivisions to request the district court upon a showing of
1 25 good cause to stay all proceedings under the order or judgment
1 26 being appealed and waive the requirement that the state or any
1 27 of its political subdivisions file a supersedeas bond upon
1 28 appeal to the Iowa supreme court.
1 29 The bill amends Iowa Code section 625A.9 and the
1 30 corresponding rule of appellate procedure, rule 6.7, contained
1 31 in the Iowa Court Rules, fourth edition.
1 32 LSB 1252XS 80
1 33 rh/cls/14
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