§ Rule 1.1001. Bill of exceptions

Codes > Iowa Rules of Civil Practice and Procedure > Chapter 1 > Division X > Rule 1.1001.

Rule 1.1001. Bill of exceptions

1.1001(1) When necessary.A bill of exceptions shall be necessary only to show material portions of the record of the cause not shown by the court files, entries, or legally certified shorthand notes of the trial, if any.

1.1001(2) Affidavits.Not more than five affidavits in support of any exception may be filed with the bill. Controverting affidavits, not exceeding five, may be filed within seven days thereafter. The court, for good cause shown, may extend the time for filing such affidavits.

1.1001(3) Certification; judge; bystanders.The proposed bill of exceptions shall be promptly presented to the trial judge, who shall sign it if it fairly presents the facts. If the judge refuses, and counsel so certifies, and at least two bystanders attest in writing that the exceptions are correctly stated, the bill thus certified and attested shall be filed and become part of the record.

1.1001(4) Disability.Whenever the judge or master who tried the cause is for any reason unable to sign a bill of exceptions or certify the shorthand reporter's record, the same may be done by a successor, or by any judge of the court in which the proceeding was pending.