Rule 6.401 - Procedure in abortion notification appeals(1)Notice of appeal. A pregnant minor may appeal from a district court order denying a petition for waiver of notification regarding abortion. a. The notice of appeal must be filed within 24 hours of issuance of the district court order.b. The notice of appeal must be filed with the clerk of the district court where the order was entered and may be filed in person, by facsimile transmission, or electronically. A list of the clerk of the district court's facsimile numbers can be found at www.iowacourts.gov/iowa-courts/court-directory. The notice must also be filed with the clerk of the supreme court and may be filed in person, by facsimile transmission at (515)348-4707, or electronically.
c. The notice of appeal must contain the date the petition was filed. A notice of appeal is filed for purposes of this rule when it is date and time stamped if filed in person or when it is received if transmitted by facsimile or electronically.(2)Procedure on appeal.a. Within 48 hours after the filing of a notice of appeal, the court reporter must file the original of the completed transcript with the clerk of the supreme court. The reporter must also file a certificate with the clerk of the district court stating the date the transcript was filed in the supreme court.b. Within 48 hours after the filing of a notice of appeal, the clerk of the district court must transmit to the supreme court any relevant district court documents, including the district court decision.c. The minor must file a written argument supporting her appeal with the clerk of the supreme court within 48 hours of filing the notice of appeal with the district court. The written argument must include a statement designating the method by which the minor chooses to receive notice of the supreme court's final decision.(3)Decision on appeal. The appeal will be considered by a three-justice panel of the supreme court.a. The appeal will be considered without oral argument unless the supreme court or a justice thereof orders otherwise.b. A single justice may conduct a hearing, but a majority of the three-justice panel must issue any decision on the appeal.c. The court will consider the appeal de novo and enter its decision as soon as is reasonably possible. In no event will the court's decision be made later than ten calendar days from the day after filing of the petition for waiver in the district court, or the ten calendar days plus the period of time granted by the district court for any extension under Iowa Court Rule 8.27.d. The court's decision may be entered by order or opinion and may simply state that the district court's order is affirmed or reversed. Any decision affirming the denial of waiver of notification will inform the minor of her right to request appointment of a therapist by the district court on remand.e. Notwithstanding any other rule, the panel's decision is not subject to review or rehearing.f. The clerk of the supreme court will promptly issue procedendo once an order or opinion is filed.g. The minor will be notified of the final decision in the manner designated in the written argument submitted to the court.(4)Confidentiality. Notwithstanding any other rule or statute, all documents filed in the appeal and the supreme court's docket are confidential. Any hearing held on an appeal under this rule is confidential. a. The minor may use the same pseudonym that she used in the juvenile court proceedings.b. Identifying information, including address, parents' names, or social security number, must not appear on any court documents.c. All documents must contain the juvenile court docket number for identification purposes.d. The only persons who may have access to the court documents and admission to any hearing are the supreme court justices, court staff who must have access to the records for administrative purposes, the minor, her attorney, her guardian ad litem, and any person designated in writing by the minor, her attorney, or her guardian ad litem to have such access or admission. In no case may the minor's parents have access to her documents or admission to any hearing.(5)Computation of time. For the purpose of this rule, any duty of filing or issuance of a decision or order that falls on a Saturday, Sunday, or legal holiday is extended to 9 a.m. on the next business day.Court Order October 31, 2008, effective 1/1/2009; Court Order November 1, 2016, effective 3/1/2017; Court Order September 29, 2023, effective 4/1/2024.