2. 73(1)Notice of appeal. An appeal may be taken by the plaintiff only upon a finding of invalidity of an ordinance or statute. In all other cases, an appeal may only be taken by the defendant and only upon a judgment of conviction. Execution of the judgment shall be stayed upon filing with the clerk of the district court an appeal bond with surety approved by the clerk, in the sum specified in the judgment. A party takes an appeal by giving notice orally to the magistrate at the time judgment is rendered that the party appeals or by filing with the clerk of the district court not later than ten days after judgment is rendered a written notice of appeal. When an oral notice of an appeal is given to the magistrate, the magistrate must make an entry on the docket of the giving of such notice. Payment of fine or service of a sentence of imprisonment does not waive the right to appeal, nor render the appeal moot.2. 73(2)Record. When an appeal is taken, the magistrate shall promptly forward to the appropriate district court clerk a copy of the magistrate’s docket entries, together with copies of the complaint, warrant, motions, pleadings, the magistrate’s minutes of the witnesses’ testimony, the exhibits or the originals thereof, and the other papers in the case. Within ten days after an appeal is taken, unless extended by order of a district judge or district associate judge, any party may file with the clerk, as a part of the record, a transcript of the official report, if any, and, in the event the report was made electronically, the tape or other medium on which the proceedings were preserved.2. 73(3)Procedure if appeal from magistrate. If the original action was tried by a district judge, district associate judge, or judicial magistrate, the appellant shall file and serve, within 14 days after taking the appeal, a brief in support of the appeal. The brief shall include statements of the specific issues presented for review and the precise relief requested. The appellee may file and serve, within ten days after service of the appellant’s brief, a responding brief. Either party may request, at the end of the party’s brief, permission to be heard in oral argument. Within 30 days after the filing, or expiration of time for filing, of the appellee’s brief, the appeal shall be submitted to the court on the record and any briefs without oral argument, unless otherwise ordered by the court or its designee. If the court, on its own motion or motion of a party, finds the record to be inadequate, it may order the presentation of 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 or a different district associate judge. If the original action was tried by a judicial magistrate, the appeal shall be decided by a district judge or district associate judge. Findings of fact in the original action shall be binding on the judge deciding the appeal if they are supported by substantial evidence. The judge deciding the appeal may affirm, or reverse and enter judgment as if the case were being originally tried, or enter any judgment which is just under the circumstances.2. 73(4)Bail.a. Admission to bail. Admission to bail shall be as provided in Iowa Code chapter 811. Execution of the judgment shall not be stayed unless the defendant is admitted to bail.b. Officers authorized to take bail. Bail may be taken by the magistrate who rendered the judgment or by any magistrate of that county. The magistrate taking bail shall remit it to the clerk of the district court who shall give receipt therefor.2. 73(5)Counsel. In appropriate cases, the magistrate shall appoint counsel on appeal.2. 73(6)Review by supreme court. After the decision on appeal the defendant may apply for discretionary review pursuant to Iowa Code section 814.6(2)(d) , and the plaintiff may apply for discretionary review pursuant to Iowa Code section 814.5(2)(d) . Procedure on discretionary review shall be as prescribed in Iowa R. App. P. 6.106.
Iowa. R. Crim. P. 2.73
66GA, ch 1245(2), § 1302; 67GA, ch 153, § 87, 88; amendment 1979; 68GA, ch 1022, § 22, effective January 1,1981; amendment 1982; Report May 7,1986, effective July 15,1986; 1987 Iowa Acts, ch25, § 2, 3; Report June 29, 2001, effective September 10, 2001; November 9, 2001, effective February 15, 2002; October 31, 2008, effective January 1, 2009
