Rule 6.1201. Voluntary dismissals

6.1201(1) Dismissal of appeal. An appeal may be voluntarily dismissed by the party who filed the appeal at any time before a decision is filed by either the supreme court or the court of appeals.

6.1201(2) Dismissal of cross-appeal. A cross-appeal may be voluntarily dismissed by the party who filed the cross-appeal at any time before a decision is filed by either the supreme court or court of appeals.

6.1201(3) Effect of dismissal. The clerk of the supreme court will promptly issue procedendo upon the filing of a voluntary dismissal unless another party’s appeal or cross-appeal remains pending under the same appellate docket number. If only a cross-appeal remains pending following the dismissal, the cross-appeal becomes the primary appeal, and the cross-appellant will assume the role of the appellant. The issuance of procedendo constitutes a final adjudication with prejudice. A voluntary dismissal of a direct appeal from a criminal case does not preclude the subsequent consideration of a claim for ineffective assistance of counsel in an action for postconviction relief pursuant to Iowa Code chapter 822.