An appeal shall be made by filing a notice of appeal with the clerk of the appellate courts and serving the notice on the adverse party or parties within the appeal period. The notice shall contain:
(a) a statement specifying the judgment or order from which the appeal is taken; and
(b) the names, addresses, and telephone numbers of opposing counsel, indicating the parties they represent.
The notice shall be accompanied by:
(c) proof of service on the adverse party or parties; and
(d) proof of filing with the administrator of the trial court in which the judgment or order appealed from is entered or filed.
The appellant shall simultaneously file the following with the clerk of the appellate courts:
(1) two copies of the notice of appeal,
(2) a certified copy of the judgment or order from which the appeal is taken,
(3) two copies of the statement of the case required by Rule 133.03, and
(4) a filing fee of $550.
The appellant shall file the following simultaneously with the trial court administrator:
(1) a copy of the notice of appeal, and
(2) the cost bond required by Rule 107, or written waiver of it.
When a party in good faith files and serves a notice of appeal from a judgment or an order, and omits, through inadvertence or mistake, to proceed further with the appeal, or to stay proceedings, the appellate court may grant relief on such terms as may be just.
The filing fees set out in Rule 103.01, subdivision 1, shall not be required when:
(a) the appellant has been authorized to proceed without payment of the filing fee pursuant to Rule 109; or
(b) the appellant is represented by a public defender's office or a legal aid society; or
(c) the appellant is a party to a proceeding pursuant to Minnesota Statutes, chapter 253B; or
(d) the appellant is the state or a governmental subdivision of the state or an officer, employee or agency thereof; or
(e) the appeal has been remanded to the trial court or agency for further proceedings and, upon completion of those proceedings, the appeal is renewed; or
(f) the appellant is a party to a public assistance appeal pursuant to Minnesota Statutes, chapter 256; or
(g) the appeal is taken by a claimant for unemployment compensation benefits pursuant to Minnesota Statutes, chapter 268.
(Amended effective July 1, 1989; amended effective for appeals taken on or after January 1, 1992; amended effective July 1, 1993; amended effective January 1, 1999; amended effective March 1, 2001; amended effective July 1, 2003; amended effective July 1, 2009.)
If two or more parties are entitled to appeal from a judgment or order or to petition for certiorari in the same action and their interests are such as to make joinder practicable, they may file a joint notice of appeal or petition, or may join in the appeal after filing separate timely notices of appeal or petitions for certiorari, and they may then proceed on appeal as a single appellant.
After one party timely files a notice of appeal, any other party may seek review of a judgment or order in the same action by serving and filing a notice of related appeal. The notice of related appeal shall specify the judgment or order to be reviewed. The notice of related appeal shall be accompanied by:
(a) a filing fee of $100,
(b) a certified copy of the judgment or order from which the related appeal is taken if different than the judgment or order being challenged in the original appeal, and
(c) two copies of a statement of the case.
A separate cost bond is not required unless ordered by the court.
Related appeals from a single trial court action or appeals in separate actions may be consolidated by order of the appellate court on its own motion or upon motion of a party.
(Amended effective January 1, 2010.)
An appeal may be taken to the Court of Appeals:
(a) from a final judgment, or from a partial judgment entered pursuant to Minn. R. Civ. P. 54.02;
(b) from an order which grants, refuses, dissolves or refuses to dissolve, an injunction;
(c) from an order vacating or sustaining an attachment;
(d) from an order denying a new trial, or from an order granting a new trial if the trial court expressly states therein, or in a memorandum attached thereto, that the order is based exclusively upon errors of law occurring at the trial, and upon no other ground; and the trial court shall specify such errors in its order or memorandum, but upon appeal, such order granting a new trial may be sustained for errors of law prejudicial to respondent other than those specified by the trial court;
(e) from an order which, in effect, determines the action and prevents a judgment from which an appeal might be taken;
(f) from a final order or judgment made or rendered in proceedings supplementary to execution;
(g) except as otherwise provided by statute, from a final order, decision or judgment affecting a substantial right made in an administrative or other special proceeding;
(h) from an order that grants or denies modification of custody, visitation, maintenance, or child support provisions in an existing judgment or decree;
(i) if the trial court certifies that the question presented is important and doubtful, from an order which denies a motion to dismiss for failure to state a claim upon which relief can be granted or from an order which denies a motion for summary judgment; and
(j) from such other orders or decisions as may be appealable by statute or under the decisions of the Minnesota appellate courts.
(Amended effective January 1, 1999; amended effective March 1, 2001.)
The appellate courts may reverse, affirm or modify the judgment or order appealed from or take any other action as the interest of justice may require.
On appeal from or review of an order the appellate courts may review any order affecting the order from which the appeal is taken and on appeal from a judgment may review any order involving the merits or affecting the judgment. They may review any other matter as the interest of justice may require. The scope of review afforded may be affected by whether proper steps have been taken to preserve issues for review on appeal, including the existence of timely and proper post-trial motions.
(Amended effective January 1, 1999.)