2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 3 - Civil Procedure
CHAPTER 631 - SMALL CLAIMS
631.16 - DISCRETIONARY REVIEW.

        631.16  DISCRETIONARY REVIEW.
         1.  A civil action originally tried as a small claim shall not be
      appealed to the supreme court except by discretionary review as
      provided herein.
         2.  "Discretionary review" is the process by which the supreme
      court may exercise its discretion, in like manner as under the rules
      pertaining to interlocutory appeals and certiorari in civil cases, to
      review specified matters not subject to appeal as a matter of right.
      The supreme court may adopt additional rules to control access to
      discretionary review.
         3.  The party seeking review shall be known as the appellant and
      the adverse party as the appellee, but the title of the action shall
      not be changed from that in the court below.
         4.  The record and case shall be presented to the appellate court
      as provided by the rules of appellate procedure; and the provisions
      of law in civil procedure relating to the filing of decisions and
      opinions of the appellate court shall apply in such cases.
         5.  The appellate court, after an examination of the entire
      record, may dispose of the case by affirmation, reversal or
      modification of the lower court judgment, and may order a new trial.

         6.  The decision of the appellate court with any opinion filed or
      judgment rendered must be recorded by the supreme court clerk.
      Procedendo shall be issued as provided in the rules of appellate
      procedure.
         7.  The jurisdiction of the appellate court shall cease when
      procedendo is issued.  All proceedings for executing the judgment
      shall be had in the trial court or by its clerk.  

         Section History: Early Form

         [C73, § 602.71; C75, 77, 79, 81, § 631.16] 

         Section History: Recent Form

         85 Acts, ch 157, §1, 2
         Rules adopted by the supreme court are published in the
      compilation "Iowa Court Rules"