Minnesota Administrative Rules

9800.1100 APPLICATION TO SET AWARD ASIDE.

Subpart 1.

Applications.

An application to set an award aside and grant a new hearing must include supporting affidavits, medical reports, other documentary evidence, and a memorandum of law. The memorandum of law must not exceed 65 pages in length without leave of court. The application must be filed with the court along with an affidavit of service on all parties to the award that the filing party seeks to set aside. A party seeking to file the application through the CAMPUS system must contact court staff to obtain a case for the proceeding.

Subp. 2.

Cause.

Each application must specifically state the basis upon which cause to vacate the award may be found pursuant to Minnesota Statutes, section 176.461, and the reasons why that basis exists. Where a prior application to vacate the award was denied by the court, the application must set out a concise statement as to the different circumstances supporting the current application. An application failing to meet the requirements of this part may be rejected under Minnesota Statutes, section 176.275, subdivision 1.

Subp. 3.

Responsive pleadings.

Responsive pleadings must be served upon all parties and filed with the court within 45 days after the filing of an application. All responsive pleadings must include supporting affidavits, medical reports, other documentary evidence, and a memorandum of law. The memorandum of law must not exceed 65 pages in length without leave of court.

Subp. 4.

Reply memoranda.

Reply memoranda, if any, must be served upon all parties and filed with the court within 15 days after the filing of a responsive pleading. A reply memorandum may address only issues raised in any responsive pleadings and must not exceed 40 pages in length without leave of court.

Subp. 5.

Hearing.

Any party to an application to set an award aside may be heard in oral argument. Any request for oral argument must be made by the conclusion of the time for filing a reply memorandum.

Subp. 6.

[Repealed, 49 SR 1107]

Statutory Authority:

MS s 175A.07; 176.2611; 176.285; 176.361

History:

10 SR 698; 13 SR 981; 19 SR 1131; 49 SR 1107

Published Electronically:

April 21, 2025