HF 102 (LSB 2124HH (2) 89)

HOUSE FILE 102

BY  WOLFE

A BILL FOR

An Act relating to the scope of review in appellate proceedings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  625A.19  Scope of review.
   1.  Equity cases.  Review in equity cases shall be de novo.
   2.  Other cases.  In all cases, other than equity cases, the appellate courts shall constitute courts for correction of errors at law, and findings of fact in jury-waived cases shall have the effect of a special verdict.
   3.  Review of plain error.  A plain error that affects substantial rights may be considered even though the error was not brought to the court’s attention.
    Sec. 2.  AMENDMENT OF RULES OF APPELLATE PROCEDURE BY THE SUPREME COURT.  The supreme court shall amend rule of appellate procedure 6.907, relating to scope of review, to be consistent with the provisions of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the scope of review in appellate proceedings.
   The bill provides that review in equity cases shall be de novo, and in all other cases the appellate courts shall constitute courts for correction of errors at law, and findings of fact in jury-waived cases shall have the effect of a special verdict. Both of these provisions are consistent with rule of appellate procedure 6.907. The bill further provides that a plain error that affects substantial rights may be considered even though the error was not brought to the court’s attention.
   The bill directs the supreme court to amend rule of appellate procedure 6.907 to be consistent with the provisions of the bill.