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APPELLATE PROCEDURE

Minnesota Rules of Civil Appellate Procedure

Effective August 1, 1983
With amendments effective through March 1, 2024

TABLE OF HEADNOTES

TITLE I. APPLICABILITY OF RULES

Rule 101. Scope of Rules; Definitions
101.01Scope
101.02Definitions
Rule 102. Suspension of Rules

TITLE II. APPEALS FROM JUDGMENTS AND ORDERS

Rule 103. Appeal - How Taken
103.01Manner of Making Appeal
103.02Joint Appeals; Related Appeals; Consolidated Appeals
103.03Appealable Judgments and Orders
103.04Scope of Review
Rule 104. Time for Filing and Service of Notice of Appeal and Notice of Related Appeal
104.01Time for Filing and Service
104.02Effect of Entry of Judgment and Insertion of Costs into the Judgment
Rule 105. Discretionary Review
105.01Petition for Permission to Appeal; Time
105.02Content of Petition; Response
105.03Grant of Permission - Procedure
Rule 106. Respondent's Right to Obtain Review
Rule 107. Bond or Deposit for Costs
107.01No Cost Bond Required
107.02Request to Trial Court to Require a Cost Bond
107.03Cases for Which a Cost Bond May Not Be Required
Rule 108. Stays Pending Appeal; Security
108.01Effect of Appeal on Proceedings in Trial Court
108.02Motion for Stay or Injunction in Trial Court; Security
108.03Proceedings in Supreme Court
Rule 109. Leave to Proceed In Forma Pauperis
109.01Authorized Relief
109.02Motion for Leave to Proceed In Forma Pauperis in the Court of Appeals
109.03Civil Commitment and Juvenile Proceedings
109.04Motion for Leave to Proceed In Forma Pauperis in the Supreme Court
109.05Suspension of Time Periods
Rule 110. The Record on Appeal
110.01Composition of the Record on Appeal
110.02The Transcript of Proceedings; Duty of Appellant to Order; Notice to Respondent if Partial Transcript is Ordered; Duty of Reporter; Form of Transcript
110.03Statement of the Proceedings When No Report Was Made or When the Transcript is Unavailable
110.04Agreed Statement as the Record
110.05Correction or Modification of the Record
Rule 111. Transmission of the Record
111.01Transmission of Record; Time
111.02Exhibits and Models
111.03Record for Preliminary Hearing in Appellate Courts
111.04Disposition of Record After Appeal
Rule 112. Confidential Or Sealed Information; Sealing of Portions of Record
112.01Status of Confidential or Sealed Record Material on Appeal
112.02Handling of Confidential or Sealed Portions of the Appellate Record
112.03Duty to Maintain Confidentiality
112.04Oral Argument
Rule 113. [Reserved for Future Use]
Rule 114. Court of Appeals Review of Administrative Rules
114.01How Obtained
114.02Contents of Petition for Declaratory Judgment
114.03Record on Review of Petition for Declaratory Judgment; Transmission of Record
114.04Briefing
114.05Participants

TITLE III. DECISIONS REVIEWABLE BY CERTIORARI TO THE COURT OF APPEALS OR THE SUPREME COURT

Rule 115. Court of Appeals Review of Decisions of the Department of Employment and Economic Development and Other Decisions Reviewable by Certiorari and Review of Decisions Appealable Pursuant to the Administrative Procedure Act
115.01How Obtained; Time for Securing Writ
115.02Petition for Writ; How Secured
115.03Contents of the Petition and Writ; Filing and Service
115.04The Record on Review by Certiorari; Transmission of the Record; Timing of Briefing
115.05Costs and Disbursements
115.06Dismissal Costs
Rule 116. Supreme Court Review of Decisions of the Workers' Compensation Court of Appeals, Decisions of the Tax Court, and Other Decisions Reviewable by Certiorari
116.01How Obtained; Time for Securing Writ
116.02Petition for Writ; How Secured
116.03Contents of the Petition and Writ; Filing and Service
116.04The Record on Review by Certiorari; Transmission of the Record
116.05Costs and Disbursements
116.06Dismissal Costs
Rule 117. Petition in Supreme Court for Review of Decisions of the Court of Appeals
Rule 118. Accelerated Review by the Supreme Court Prior to a Decision by the Court of Appeals
Rule 119. [Reserved for Future Use]

TITLE V. EXTRAORDINARY WRITS

Rule 120. Writs of Mandamus and Prohibition Directed to a Judge or Judges and Other Writs
120.01Petition for Writ
120.02Submission of Petition; Response to the Petition
120.03Procedure Following Submission
120.04Filing; Form of Documents
120.05Review in Supreme Court
Rule 121. Mandamus and Prohibition - Emergency Situations
121.01Communication to the Court
121.02Procedure
121.03Filing Fee
Rule 122. [Reserved for Future Use]
Rule 123. [Reserved for Future Use]
Rule 124. [Reserved for Future Use]

TITLE VII. GENERAL PROVISIONS

Rule 125. Filing and Service
125.01Filing
125.02Service and Filing of All Documents Required
125.03Manner of Service
125.04Proof of Service
Rule 126. Computation and Extension or Limitation of Time
126.01Computation
126.02Extension or Limitation of Time
Rule 127. Motions
Rule 128. Briefs
128.01Informal Briefs and Letter Briefs
128.02Formal Brief
128.03References in Briefs to Record
128.04Reproduction of Statutes, Ordinances, Rules, Regulations, Etc.
128.05Citation of Supplemental Authorities
Rule 129. Brief of an Amicus Curiae
129.01Request for Leave to Participate
129.02Time for Filing and Service of Brief
129.03Certification in Brief
129.04Oral Argument
Rule 130. Addendum Required; Appendix Not Permitted
130.01Record Not to be Printed; Appendix Not Permitted
130.02Addendum
Rule 131. Filing and Service of Briefs and Addenda
131.01Time for Filing and Service
131.02Application for Extension of Time
131.03Number of Paper Copies to be Filed and Served
Rule 132. Form of Briefs, Addenda, Motions, and Other Documents
132.01Form of Briefs and Addenda
132.02Form of Motions and Other Documents
132.03Form of Documents Filed Electronically
132.04Signature
Rule 133. Prehearing Conference; Calendar; Statement of the Case
133.01Prehearing Conference
133.02Calendar
133.03Statement of the Case
Rule 134. Oral Argument
134.01Allowance of Oral Argument
134.02Notice of Hearing; Postponement
134.03Time Allowed for Argument
134.04Order and Content of Argument
134.05Nonappearance of Counsel
134.06Submission on Briefs
134.07Trial Court Exhibits; Diagrams and Demonstrative Aids
134.08Submission When Member of Appellate Court Not Present
134.09Oral Argument - Place of Argument
134.10Audio and Video Coverage of Appellate Court Proceedings
Rule 135. En Banc and Nonoral Consideration by the Supreme Court
Rule 136. Notice of Opinion; Judgment; Remittitur
136.01Opinion
136.02Entry of Judgment; Stay
136.03Remittitur
Rule 137. Enforcement of Money Judgments
Rule 138. Damages for Delay
Rule 139. Costs and Disbursements
139.01Costs
139.02Disbursements
139.03Taxation of Costs and Disbursements; Time
139.04Disallowance of Costs and Disbursements
139.05Attorneys' Fees on Appeal - Procedure
Rule 140. Petition for Rehearing in Supreme Court
140.01Petition for Rehearing
140.02Service; Filing
140.03Stay of Judgment
Rule 141. Recusal
141.01Recusal in Supreme Court
141.02Recusal in Court of Appeals
141.03Timing
Rule 142. Dismissal; Default
142.01Voluntary Dismissal
142.02Default of Appellant
142.03Default of Respondent
Rule 143. Parties; Substitution; Attorneys
143.01Parties
143.02Death of a Party
143.03Substitution for Other Causes
143.04Public Officers
143.05Attorneys
143.06Signature
Rule 144. Cases Involving Constitutional Questions Where State is Not a Party
Rule 145. Appendix of Forms
Rule 146. Title
Rule 147. Effective Date

APPENDIX OF FORMS