GENERAL PROVISIONS

Iowa Code tit. XV, ch. 602, art. 4, pt. 1

in effect

Iowa Code § 602.4101 Justices — quorum.

602.4101. Justices — quorum. 1. The supreme court consists of seven justices. A majority of the justices sitting constitutes a quorum, but fewer than three justices is not a quorum. 2. Justices of the supreme court shall be nominated and appointed and shall stand for retention in office as provided in chapter 46. Justices of the supreme court shall qualify for office as provided in chapter 63. 83 Acts, ch 186, §5101, 10201; 98 Acts, ch 1184, §1, 4

Iowa Code § 602.4102 Jurisdiction.

602.4102. Jurisdiction. 1. The supreme court has appellate jurisdiction only in cases in chancery, and constitutes a court for the correction of errors at law. The jurisdiction of the supreme court is coextensive with the state. 2. A civil or criminal action or special proceeding filed with the supreme court for appeal or review may be transferred by the supreme court to the court of appeals by issuing an order of transfer. The jurisdiction of the supreme court in the matter ceases upon the filing of that order by the clerk of the supreme court. A matter which has been transferred to the court of appeals pursuant to order of the supreme court is not thereafter subject to the jurisdiction of the supreme court, except as provided in subsection 4. 3. The supreme court shall prescribe rules for the transfer of matters to the court of appeals. These rules may provide for the selective transfer of individual cases and may provide for the transfer of cases according to subject matter or other general criteria. A rule shall not provide for the transfer of a matter other than by an order of transfer under subsection 2. 4. A party to an appeal decided by the court of appeals may, as a matter of right, file an application with the supreme court for further review. a. An application for further review in an appeal from a child in need of assistance or termination of parental rights proceeding shall not be granted by the supreme court unless filed within ten days following the filing of the decision of the court of appeals. b. In all other cases, an application for further review shall not be granted by the supreme court unless the application was filed within twenty days following the filing of the decision of the court of appeals. 5. The court of appeals shall extend the time for filing of an application if the court of appeals determines that a failure to timely file an application was due to the failure of the clerk of the court of appeals to notify the prospective applicant of the filing of the decision. 6. The supreme court shall prescribe rules of appellate procedure which shall govern further review by the supreme court of decisions of the court of appeals. These rules shall contain, but need not be limited to, a specification of the grounds upon which further review may, in the discretion of the supreme court, be granted. 83 Acts, ch 186, §5102, 10201; 98 Acts, ch 1115, §7, 21; 2003 Acts, ch 25, §2; 2006 Acts, ch 1129, §5

Iowa Code § 602.4103 Chief justice.

602.4103. Chief justice. 1. At the first meeting in each odd-numbered year, the justices of the supreme court by majority vote shall designate one justice as chief justice, to serve for a two-year term. A vacancy in the office of chief justice shall be filled for the remainder of the unexpired term by majority vote of the justices of the supreme court, after any vacancy on the court has been filled. 2. If the chief justice desires to be relieved of the duties of chief justice while retaining the status of justice of the supreme court, the chief justice shall notify the governor and the other justices of the supreme court. The office of chief justice shall be deemed vacant, and shall be filled as provided in this section. 3. The chief justice is eligible for reselection. 4. The chief justice shall appoint one of the other justices to act during the absence or inability of the chief justice to act, and when so acting the appointee has all the rights, duties, and powers of the chief justice. 83 Acts, ch 186, §5103, 10201; 2019 Acts, ch 89, §61

Iowa Code § 602.4104 Divisions — full court.

602.4104. Divisions — full court. 1. The supreme court may be divided into divisions of three or more justices in the manner it prescribes by rule. The divisions may hold open court separately and cases may be submitted to each division separately, in accordance with these rules. 2. The supreme court shall prescribe rules for the submission of a case or petition for rehearing whenever differences arise between members of divisions or whenever the chief justice orders or directs the submission of the question or petition for rehearing by the whole court. 3. The supreme court shall prescribe rules to provide for the submission of cases to the entire bench or to the separate divisions. 83 Acts, ch 186, §5104, 10201; 85 Acts, ch 197, §13

Iowa Code § 602.4105 Time and place court meets.

602.4105. Time and place court meets. The supreme court shall hold court at the seat of state government and elsewhere as the court orders, and at the times the court orders. 83 Acts, ch 186, §5105, 10201

Iowa Code § 602.4106 Opinions — reports.

602.4106. Opinions — reports. 1. The decisions of the court on all questions passed upon by it, including motions and points of practice, shall be specifically stated, and shall be accompanied with an opinion upon those which are deemed of sufficient importance, together with any dissents, which dissents may be stated with or without an opinion. All decisions and opinions shall be in writing and filed with the clerk, except that rulings upon motions may be entered upon the announcement book. 2. The records and reports for each case shall show whether a decision was made by a full bench, and whether any, and if so which, of the judges dissented from the decision. 3. The supreme court may publish reports of its official opinions, or it may direct that publication of the opinions by a private publisher shall be considered the official reports. 4. If the decision, in the judgment of the court, is not of sufficient general importance to be published, it shall be so designated, in which case it shall not be included in the reports, and no case shall be reported except by order of the full bench. 83 Acts, ch 186, §5106, 10201

Iowa Code § 602.4107 Divided court.

602.4107. Divided court. When the supreme court is equally divided in opinion, the judgment of the court below shall stand affirmed, but the decision of the supreme court is of no further force or authority. Opinions may be filed in these cases. 83 Acts, ch 186, §5107, 10201

Iowa Code § 602.4108 Attendance of sheriff of Polk county.

602.4108. Attendance of sheriff of Polk county. The court may require the attendance and services of the sheriff of Polk county at any time. 83 Acts, ch 186, §5108, 10201

Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=602&year=2026Fetched: 10/20/2026