HF 3007

as introduced - 91st Legislature (2019 - 2020) Posted on 02/24/2020 04:38pm

A bill for an act
relating to courts; modifying criteria for publishing court of appeals opinions;
amending Minnesota Statutes 2018, section 480A.08, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 480A.08, subdivision 3, is amended to read:

Subd. 3.

Decisions.

(a) A decision shall be rendered in every case within 90 days after
oral argument or after the final submission of briefs or memoranda by the parties, whichever
is later. The chief justice or the chief judge may waive the 90-day limitation for any
proceeding before the court of appeals for good cause shown. In every case, the decision
of the court, including any written opinion containing a summary of the case and a statement
of the reasons for its decision, shall be indexed and made readily available.

(b) The decision of the court need not include a written opinion. A statement of the
decision without a written opinion must not be officially published and must not be cited
as precedent, except as law of the case, res judicata, or collateral estoppel.

deleted text begin (c) The court of appeals may publish only those decisions that:
deleted text end

deleted text begin (1) establish a new rule of law;
deleted text end

deleted text begin (2) overrule a previous court of appeals' decision not reviewed by the supreme court;
deleted text end

deleted text begin (3) provide important procedural guidelines in interpreting statutes or administrative
rules;
deleted text end

deleted text begin (4) involve a significant legal issue; or
deleted text end

deleted text begin (5) would significantly aid in the administration of justice.
deleted text end

deleted text begin Unpublished opinions of the court of appeals are not precedential. Unpublished opinions
must not be cited unless the party citing the unpublished opinion provides a full and correct
copy to all other counsel at least 48 hours before its use in any pretrial conference, hearing,
or trial. If cited in a brief or memorandum of law, a copy of the unpublished opinion must
be provided to all other counsel at the time the brief or memorandum is served, and other
counsel may respond.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to cases
filed at the Minnesota Court of Appeals on or after that date.
new text end