Rule 1.1803.Appeal to district court from administrative body
Division XVIII: Rules of a General Nature · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.1803
Plain-English Summary
Not every statute that allows an appeal to district court from a local officer, body, or board spells out how the case is supposed to take shape once it gets there. Rule 1.1803 fills that gap. It applies only when a statute provides for an appeal to district court but does not itself provide for formulating the issues, either before the officer, body, or board, or once the case reaches district court.
In that situation, the rule lays out a specific sequence. The appellant must file a petition in district court within ten days after perfecting the appeal, or within whatever different time the court prescribes. The appellee then has 20 days after that to file a motion or an answer, again subject to further time the court may allow. Once those initial filings are made, the rule turns the case over to the ordinary rules of pleading and procedure that govern district court actions generally.
This structure means Rule 1.1803 does not try to replace whatever specialized review process a particular statute already provides — it only supplies default deadlines and a path into ordinary civil procedure when the statute authorizing the appeal leaves that gap open.
Frequently Asked Questions
When does Rule 1.1803 apply to an appeal from a local board or officer?
It applies when a statute authorizes an appeal to district court from an officer, body, or board's action or decision, but the statute does not itself provide for formulating the issues before that body or in the district court.
How long does the appellant have to file a petition in district court?
Ten days after perfecting the appeal, or within whatever different time the court prescribes.
How long does the appellee have to respond?
The appellee must file a motion or an answer within 20 days after the appellant's petition, or within further time the court prescribes.
What procedure governs the case after the petition and answer are filed?
Rule 1.1803 states that the rules of pleading and procedure applicable to district court actions apply after that point.
Does this rule apply if the statute authorizing my appeal already spells out how the issues are formulated?
No. Rule 1.1803 applies only when the authorizing statute does not provide for formulating the issues, either before the body being appealed from or in the district court.