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If you want to file an appeal, you will need to read the IOWA Rules of Appellate Procedure. http://www.legis.state.ia.us/DOCS/ACO/CR/LINC/02-02-2011.chapter.6.pdf Unfortunately, it is not something that many lawyers even know how to do competently unless they specialize in appellate law.
Your best option is the motion for rehearing explaining all of what you told me to the judge. He may not be too happy about you not showing up or taking time to cancel the hearing. But, if you were not served with the counterclaim, he really should sign an order to vacate the default judgment. There are probably many appellate cases holding that he should vacate the default under such circumstances. You can find those at a law library using the index to a set of books called the Iowa Digest by West
Rule 6.101 Time for appealing final orders and judgments appealable as a matter of right.
b. All other cases. A notice of appeal must be filed within 30 days after the filing of the final order or judgment. However, if a motion is timely filed under Iowa R. Civ. P. 1.904(2) or Iowa R. Civ. P.1.1007, the notice of appeal must be filed within 30 days after the filing of the ruling on such motion.
I would probably NOT use 1.1012(2) to argue that you need a judgment vacated.
Instead look at the Rule 1.1004 and file for a motion for new trial. The time period for doing this is 15 days under 1.1007. But you will need to file a stay under 1.1006 first.
If you already missed the 15 day deadline, then you would need to revert to 1.1012(2) which is a longer and riskier process.
You would still need to ask for a stay under 1.1006. To go this route you will need to understand and follow Rule 1.1013.
You can always file an appeal after losing a motion under 1.1004 under rule 1.1007
TODAY LOOKS LIKE IT IS DAY 15 AND THUS THE LAST DAY FOR YOU TO GET A MOTION FOR NEW TRIAL FILED UNDER 1.1007 AND 1.1004.
I would suggest that you go to an Iowa county law library and find a Iowa litigation manual with forms in it and look up these rules and use the forms that the book may provide for drafting and filing a motion for new trial.
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Yes, both today.
Yes, if you find a litigation manual with forms it should walk you through how to file these documents. Look up the rules in the index and go from there.
You will use the forms as a template and fill in your facts that apply. You may need to hand write your own or type your own version up thereafter. You will need to drive to the court house and file them before they close and get a hearing date set while you are there. The you will need to serve the other side with a copy of what you file and give them written notice of the hearing date. (All the stuff they did not do for you.)
You should be able to find the forms by those headings in the index or under the heading of the respective rules in the index to the litigation manual.
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