2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 3 - Civil Procedure
CHAPTER 631 - SMALL CLAIMS
631.13 - APPEALS.

        631.13  APPEALS.
         1.  Notice.  An appeal from a judgment in small claims may be
      taken by any party by giving oral notice to the court at the
      conclusion of the hearing, or by filing a written notice of appeal
      with the clerk within twenty days after judgment is rendered.  In
      either case, the appealing party shall pay to the clerk within that
      twenty days the usual district court docket fee to perfect the
      appeal.  No appeal shall be taken after twenty days.
         2.  Stay of judgment.  Execution of judgment shall be stayed
      upon the filing with the clerk of the district court an appeal bond
      with surety approved by the clerk, in the sum specified in the
      judgment.
         3.  Transcript.  Within twenty days after an appeal is taken,
      unless extended by order of a district judge or by stipulation of the
      parties, any party may file with the clerk as part of the record a
      transcript of the official report, if any, or in the event the report
      was made electronically, a transcription of the recording.  If a
      transcription of an electronic recording is filed, the record on
      appeal shall contain the tape or other medium on which the
      proceedings were preserved.  A transcription of an electronic
      recording shall be provided any party upon request and upon payment
      by the party of the actual costs of transcription.
         4.  Procedure on appeal.
         a.  The appeal shall be promptly heard upon the record thus
      filed without further evidence.  If the original action was tried by
      a district judge, the appeal shall be decided by a different district
      judge.  If the original action was tried by a district associate
      judge, the appeal shall be decided by a district judge.  If the
      original action was tried by a judicial magistrate, the appeal shall
      be decided by a district judge or a district associate judge.  The
      judge shall decide the appeal without regard to technicalities or
      defects which have not prejudiced the substantial rights of the
      parties, and may affirm, reverse, or modify the judgment, or render
      judgment as the judge or magistrate should have rendered.
         If the record, in the opinion of the deciding judge, is inadequate
      for the purpose of rendering a judgment on appeal, the judge may
      order that additional evidence be presented relative to one or more
      issues, and may enter any other order which is necessary to protect
      the rights of the parties.  The judge shall take minutes of any
      additional evidence, but the hearing shall not be reported by a
      certified court reporter.
         b.  Upon entry of judgment the clerk may cause any recording
      tape or other device contained in the record to be erased for
      subsequent use.  
         Section History: Early Form
         [C73, 75, 77, 79, 81, § 631.13] 
         Section History: Recent Form
         84 Acts, ch 1322, § 6, 7
         Referred to in § 331.307, 364.22, 631.11

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