Minnesota’s New Appellate Rules: Top 5 Things to Know

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Minnesota litigators: new appellate rules went into effect on July 1. Here are the highlights of what you need to know.

1. Don’t prepare an appendix, but your addendum can be longer.

   As of July 1, 2014, no party may attach an appendix to its brief. Appellants are still required to prepare an addendum with the relevant order included. Both parties are also allowed 50 pages of discretionary content in the addendum. See Minnesota Rules of Appellate Procedure 130.01, 130.02.

2. You (probably) don’t need a cost bond.

   Under the new rules “[n]o cost bond is required for any appeal, unless ordered by the trial court on motion and for good cause shown.” See Minnesota Rules of Appellate Procedure 107.01.

3. Don’t file as many copies of the brief.

   The rule stating the number of paper copies of a brief to file with the appellate courts has been changed to refer to standing orders from each court. As of July 1, both the Minnesota Supreme Court and the Minnesota Court of Appeals require five copies of briefs. Leave two unbound for the supreme court and one unbound for the court of appeals. See Minnesota Rule of Appellate Procedure 131.03; Standing Orders from Minnesota Supreme Court and Minnesota Court of Appeals.

4. You don’t need to get a certified copy of the order.

   The relevant order or judgment must still be filed with the appellate court, but it is no longer necessary to have the document certified. See Minnesota Rule of Appellate Procedure 103.01, Advisory Committee Comment – 2014 Amendments.

5. E-filing for all appellate documents is on the horizon.

   Other changes to the appellate rules have been made to accommodate electronic filing in the appellate courts. There is a pilot project in the works, but e-filing is not allowed in the absence of a court order. See Minnesota Rule of Appellate Procedure 125.01.

If you do appellate work, review the new appellate rules and stay in touch with the status of e-filing for appellate documents. This world is changing.

Effective June 1st 2016, Lynn Walters is no longer accepting assignments as a freelance attorney. Lynn’s new company, Blackstock Walters, LLC, offers litigation support services such as legal research, motion preparation, and document summaries on a project basis.

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