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House File 241

Partial Bill History

Bill Introduced: H.J. 367
Complete Bill History

Bill Text

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 1252HH 80
  1 33 rh/cl/14

Text: HF00240                           Text: HF00242
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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