§ 631.13

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 noticeof appeal with the clerk within twenty days after judgment is rendered. In either case, theappealing party shall pay to the clerk within that twenty days the usual district court docketfee 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 inthe 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 partof the record a transcript of the official report, if any, or in the event the report was madeelectronically, a transcription of the recording. If a transcription of an electronic recording isfiled, the record on appeal shall contain the tape or other medium on which the proceedingswere preserved.

ronically, a transcription of the recording. If a transcription of an electronic recording isfiled, the record on appeal shall contain the tape or other medium on which the proceedingswere preserved. A transcription of an electronic recording shall be provided any party uponrequest and upon payment by the party of the actual costs of transcription. 4. Procedure on appeal.a. (1) 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 decidedby 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 judicialmagistrate, 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 havenot prejudiced the substantial rights of the parties, and may affirm, reverse, or modify thejudgment, or render judgment as the judge or magistrate should have rendered. (2) If the record, in the opinion of the deciding judge, is inadequate for the purpose of rendering a judgment

modify thejudgment, or render judgment as the judge or magistrate should have rendered. (2) 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 presentedrelative to one or more issues, and may enter any other order which is necessary to protectthe rights of the parties. The judge shall take minutes of any additional evidence, but thehearing 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. [C73, 75, 77, 79, 81, §631.13]84 Acts, ch 1322, §6, 7; 2013 Acts, ch 30, §261Referred to in §331.307, 364.22, 631.11 Sat Dec 23 11:22:42 2023 Iowa Code 2024, Section 631.13 (17, 0)