MINNESOTA COURT RULES

APPELLATE PROCEDURE

Special Rules of Practice for the Minnesota Court of Appeals

Rule 2.Oral Argument

Members of the Minnesota Bar and attorneys admitted pro hac vice by the Court of Appeals may argue before the court. If any litigant is without counsel, the case will be submitted on the briefs and record, without oral arguments by any party. Minn. R. Civ. App. P. 134.01 sets out circumstances in which oral argument will not be allowed. Waiver of argument is governed by Minn. R. Civ. App. P. 134.05 and 134.06.

Appellants are allowed 15 minutes to present their principal arguments, respondents are allowed 15 minutes (to be divided, in cases involving multiple respondents), and appellants are allowed 5 minutes for rebuttal. Arguments are held in the Judicial Center in St. Paul and at appropriate locations in other judicial districts, as provided in Minnesota Statutes, section 480A.09, subdivision 1 and Minn. R. Civ. App. P. 134.09, subd. 2.

A motion to reset or postpone oral argument must be made in writing, with a copy to opposing counsel, in accordance with Minn. R. Civ. App. P. 134.02. Reasons for the request must be stated. The court will reset a case only upon a showing of extreme emergency and no more than once. However, the court may reschedule cases on its own motion.

Counsel may use exhibits from the record (or enlargements of such exhibits) as graphic aids during oral argument. If counsel intends to use graphic aids for illustrative purposes, counsel must provide two days' notice to the court and opposing counsel and provide to the marshal four copies of the graphic aid on 8 1/2 x 11-inch paper. Counsel must make arrangements prior to hearing with the court's receptionist or with the local court administrator for the use of easels. It is the responsibility of counsel to ensure that any trial exhibit to be used is obtained prior to argument. The court prefers that counsel identify the location of pertinent exhibits in the district court record or addenda to the parties' briefs, rather than using electronic equipment to display exhibits during oral arguments.

Arguments are recorded by the court. Audio recordings of oral arguments occurring after January 1, 2019 will be publicly available on the Minnesota Judicial Branch website. Prior approval of the Chief Judge or presiding judge is required to take photographs or to record or videotape oral argument. The media may cover proceedings in accordance with rules adopted by the Supreme Court.

(Adopted effective October 25, 1991; amended effective October 7, 2010; amended effective July 18, 2016; amended effective September 14, 2018.)