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Office of the Revisor of Statutes

APPELLATE PROCEDURE

Special Rules of Practice for the Minnesota Court of Appeals Governing Family Law Appellate Mediation

Rule 15.Sanctions

(a) The Court of Appeals may sanction a party for the failure to comply with the requirements of the appellate mediation program. Neither the Family Law Appellate Mediation Office nor the mediator is authorized to impose sanctions.

(b) The Family Law Appellate Mediation Office may file a deficiency notice with the Court of Appeals if a party fails to comply with the requirements of the program. The Court of Appeals may issue an order compelling the party to comply and may also impose sanctions.

(c) The Court of Appeals may impose sanctions against a party who refuses to attend a mediation session or sessions, unreasonably delays the scheduling of mediation, or otherwise unreasonably impedes the procedures required for the mediation program.

(d) The Court of Appeals may impose sanctions on its own motion or on the motion of a party made in compliance with Minn. R. Civ. App. P. 127. A party's motion for sanctions may not be filed until mediation has been closed. A motion for sanctions may be filed but no later than within the time for taxation of costs under Minn. R. Civ. App. P. 139.03.

(e) Sanctions may include, but are not limited to, assessment of reasonable expenses caused by the failure of mediation, including an amount equivalent to mediator and/or attorney fees, assessment of all or a portion of appellate costs, or dismissal of an appeal or a notice of related appeal.

(Effective January 1, 2011.)