Subdivision 1. Statement of intention to appeal.
If the court renders judgment against the
defendant and the defendant or defendant's attorney informs the court the defendant intends to
appeal, the court shall issue an order staying the writ for recovery of premises and order to vacate
for at least 24 hours after judgment, except as provided in subdivision 7.
Subd. 2. Time for appeal.
A party who feels aggrieved by the judgment may appeal within
ten days as provided for civil actions in district court.
Subd. 3. Appeal bond.
If the party appealing remains in possession of the property, that
party must give a bond that provides that:
(1) all costs of the appeal will be paid;
(2) the party will comply with the court's order; and
(3) all rent and other damages due to the party excluded from possession during the pendency
of the appeal will be paid.
Subd. 4. Stay pending appeal.
After the appeal is taken, all further proceedings in the case
are stayed, except as provided in subdivision 7.
Subd. 5. Stay of writ issued before appeal.
(a) Except as provided in subdivision 7, if the
court issues a writ for recovery of premises and order to vacate before an appeal is taken, the
appealing party may request that the court stay further proceedings and execution of the writ for
possession of premises and order to vacate, and the court shall grant a stay.
(b) If the party appealing remains in possession of the premises, that party must give a
bond under subdivision 3.
(c) When the officer who has the writ for possession of premises and order to vacate is
served with the order granting the stay, the officer shall cease all further proceedings. If the writ
for possession of premises and order to vacate has not been completely executed, the defendant
shall remain in possession of the premises until the appeal is decided.
Subd. 6. Dismissal of appeals; amendments; return.
In all cases of appeal, the appellate
court shall not dismiss or quash the proceedings for want of form only, provided they have been
conducted substantially in accordance with the provisions of this chapter. Amendments may be
allowed at any time, upon such terms as to the court may appear just, in the same cases and
manner and to the same extent as in civil actions. The court may compel the trial court, by
attachment, to make or amend any return which is withheld or improperly or insufficiently made.
Subd. 7. Exception.
Subdivisions 1, 4, and 6 do not apply in an action on a lease, against a
tenant holding over after the expiration of the term of the lease, or a termination of the lease by
a notice to quit, if the plaintiff gives a bond conditioned to pay all costs and damages if on the
appeal the judgment of restitution is reversed and a new trial ordered. In such a case, the court
shall issue a writ for recovery of premises and order to vacate notwithstanding the notice of
appeal, as if no appeal had been taken, and the appellate court shall issue all needful writs and
processes to carry out any judgment which may be rendered in the court.
History: 1999 c 199 art 1 s 54