House Study Bill 37 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to the transmission of court records by the 1 clerk of the district court to the clerk of the supreme 2 court in an appeal. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1491YC (3) 85 jm/nh

H.F. _____ Section 1. NEW SECTION . 602.8103A Transmission of record 1 on appeal. 2 1. a. The clerk of the district court shall be solely 3 responsible for transmitting the record on appeal to the 4 clerk of the supreme court in civil and criminal proceedings. 5 The clerk of the district court shall only transmit the 6 record to the clerk of the supreme court upon the request 7 of the appellee, appellant, the attorney for the appellee or 8 appellant, or the appellate court. 9 b. The requirements of paragraph “a” shall not be delegated 10 to another party. The appellee, appellant, the attorney for 11 the appellee or appellant, or any agent of the appellee or 12 appellant shall not transmit any part of the appellate record 13 to the clerk of the supreme court. 14 2. For purposes of this section, the “record on appeal” 15 consists of the original documents and exhibits filed in 16 district court, transcripts of the proceedings, and a certified 17 copy of the docket and court calendar entries prepared by 18 the clerk of the district court in the case under appeal. 19 Exhibits of unusual size or bulk are not required to be 20 transmitted by the clerk of the district court unless requested 21 by the appellee, appellant, the attorney for the appellee or 22 appellant, or the appellate court. 23 3. If a request is made pursuant to subsection 1, within 24 seven days of the filing of the final briefs in the appeal, the 25 clerk of the district court shall transmit any of the remaining 26 record to the clerk of the supreme court. 27 Sec. 2. REPEAL. Section 625A.7, Code 2013, is repealed. 28 EXPLANATION 29 This bill relates to the transmission of court records by the 30 clerk of the district court to the clerk of the supreme court 31 in an appeal. 32 The bill specifies that the clerk of the district court shall 33 be solely responsible for transmitting the record on appeal to 34 the clerk of the supreme court. The bill requires the clerk of 35 -1- LSB 1491YC (3) 85 jm/nh 1/ 2

H.F. _____ the district court to only transmit the record to the clerk of 1 the supreme court upon the request of the appellee, appellant, 2 the attorney for the appellee or appellant, or the appellate 3 court. 4 The bill specifies the record on appeal shall consist of 5 the original documents and exhibits filed in district court, 6 transcripts of the proceedings, and a certified copy of the 7 docket and court calendar entries prepared by the clerk of the 8 district court in the case under appeal. 9 Under the bill, exhibits of unusual size or bulk are not 10 required to be transmitted by the clerk of the district court 11 unless requested by the appellee, appellant, the attorney for 12 the appellee or appellant, or the appellate court. 13 The bill also requires that the clerk of the district court 14 transmit any of the remaining record to the clerk of the 15 supreme court within seven days after the final briefs have 16 been filed in the appeal. 17 -2- LSB 1491YC (3) 85 jm/nh 2/ 2