ORDER PROMULGATING AMENDMENTS TO THE RULES OF CIVIL APPELLATE PROCEDURE.

CourtSupreme Court of Minnesota
DecidedApril 20, 2016
DocketADM09-8006
StatusPublished

This text of ORDER PROMULGATING AMENDMENTS TO THE RULES OF CIVIL APPELLATE PROCEDURE. (ORDER PROMULGATING AMENDMENTS TO THE RULES OF CIVIL APPELLATE PROCEDURE.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ORDER PROMULGATING AMENDMENTS TO THE RULES OF CIVIL APPELLATE PROCEDURE., (Mich. 2016).

Opinion

STATE OF MINNESOTA fl April 14, 2016 IN SUPREME COURT OliiU:EOF ADM09-8006 API'B.L\JECeurrs

ORDER PROMULGATING AMENDMENTS TO THE RULES OF CIVIL APPELLATE PROCEDURE

The Supreme Court Advisory Committee on the Rules of Civil Appellate Procedure

has recommended amendments to the Rules of Civil Appellate Procedure to further clarify

the procedures that govern electronic filing and electronic service in the appellate courts.

The committee also provided recommendations on the procedures to govern motions that

seek the recusal of appellate judges. By order filed December 29, 2015, the court invited

comments on the proposed amendments. Written comments were received from the Court

Administrator for the Minnesota Court of Appeals and from the Minnesota State Bar

Association. The court has reviewed the written comments and the proposed amendments.

Based on all the files, records, and proceedings herein,

IT IS HEREBY ORDERED THAT:

1. The attached amendments to the Rules of Civil Appellate Procedure are

prescribed and promulgated to be effective on July 1, 2016, and shall apply to all appeals

pending on, or commenced on or after, the effective date.

2. The Advisory Committee comments are included for convenience and do not

reflect court approval of the statements made therein.

Dated: April 14, 2016 BY THE COURT

Lorie S. Gildea Chief Justice

1 AMENDMENTS TO THE RULES OF CIVIL APPELLATE PROCEDURE

[Note: In the following amendments, deletions are indicated by a line drawn through the words and additions are indicated by a line drawn under the words.]

Rule 132. Form of Briefs, Addenda, Supplemental Records, Motions, and Other Documents

*** 132.04 Signature

*** Rule 141. Recusal 141.01 Recusal in Supreme Court. 141.02 Recusal in Court of Appeals.

*** Rule 143. Parties; Substitution; Attorneys; Signing of Appellate Pleadings *** 143.06 Signature

Rule 105. Discretionary Review

*** 105.02 Content of Petition; Response

The petition shall be entitled as in the trial court, shall not exceed 10 typev1ritten pages4,000 words, exclusive of the caption, signature block, and addendum, and shall contain: (a) a statement of facts necessary to an understanding of the questions of law or fact determined by the order of the trial court; (b) a statement of the issues; and (c) a statement why an immediate appeal is necessary and desirable.

A copy of the order from which the appeal is sought and any findings of fact, conclusions oflaw, or memorandum oflaw relating to it shall be included in an addendum,

1 which shall be prepared as prescribed in Rule 130.02.

Any adverse party may, within 5 days after service of the petition, serve and file with the clerk of the appellate courts a response to the petition, which shall not exceed .W pages4 ,000 words, exclusive of caption, signature block, and addendum. Any reply shall be served within 3 days after service of the response and shall not exceed 5 pages2,000 words. All documents may be typewritten in the form prescribed in Rule 132.02. No additional memoranda may be filed without leave of the appellate court.

A copy of the response and any reply shall also be filed with the trial court administrator, and proof of that filing shall be filed with the clerk of the appellate courts.

The petition and any response or reply shall be accompanied by a Certificate of Document Length.

The petition and any response shall be submitted without oral argument unless otherwise ordered.

Advisory Committee Comment-2016 Amendments Rule 105 is amended to re-define the length limit to 4,000 words rather than the current five pages for petitions and responses, and 2,000 words rather than 5 pages for replies. This change, coupled with the requirement that a 13-point font be used, will have a practical effect of permitting petitions that are slightly longer, but will be more easily read, both in paper format and on computer screens.

Rule 107. Bond or Deposit for Costs

107.01 No Cost Bond Required

Except as required by Rule 116 of these rules with respect to a certiorari appeal from the Workers' Compensation Court of Appeals, nNo cost bond is required for any appeal, unless ordered by the trial court on motion and for good cause shown.

Advisory Committee Comment-2016 Amendments Rule 107.01 is amended to cross-reference the exception to the general rule that no cost bond is required for appeals unless ordered by the trial court. By statute, review of decisions of the Workers' Compensation Court of Appeals by certiorari requires a cost bond. See Minn. Stat. § 176.471, subd. 3. Rule 116.03, subdivision 2, recognizes this requirement and Rule 107 is not intended to modifY it.

2 Rule 109. Leave to Proceed In Forma Pauperis

109.01 Authorized Relief

A party who is unable to pay the expenses of appeal may apply for leave to proceed in forma pauperis, which may include waiver of the filing fee and any cost bond required under Rule 107 or Rule 116, and payment of costs for the transcript and reproducing briefs.

109.02 Motion for Leave to Proceed In Forma Pauperis in the Court of Appeals

A party who desires to proceed in forma pauperis in the Court of Appeals shall file in the trial court a motion for leave so to proceed, together with an affidavit showing the party's inability to pay fees and costs and a copy of the party's statement of the case as prescribed by Rule 133.03, showing the proposed issues on appeal. Any such motion by a party initiating an appeal shall be filed on or before the date the appeal is commenced. The trial court shall rule on the motion within 15 days after it is filed, unless the Court of Appeals grants additional time. The party shall file a copy of the motion with the clerk of the appellate courts simultaneously with the notice of appeal or the petition that initiates the appeal.

The trial court shall grant the motion if the court finds that the party is indigent and that the appeal is not frivolous. If the motion is denied, the trial court shall state in writing the reasons for the denial. The party shall promptly file a copy of the trial court's order on the motion with the clerk of the appellate courts.

If the trial court grants the motion, the party may proceed in forma pauperis without further application to the Court of Appeals. If a transcript is to be prepared for appeal, the party shall file the certificate as to transcript required by Rule 110.02, subdivision 2(a), within 10 days from the date of the trial court administrator's filing of the order granting leave to proceed in forma pauperis or within 10 days after filing the notice of appeal, whichever is later.

If the trial court denies the motion, the party shall, within 10 days from the date of the trial court administrator's filing of the order, either: (a) pay the filing fee, post the any required cost bond, and file a completed transcript certificate, if a transcript is required; or (b) serve and file a motion in the Court of Appeals for review of the trial court's order denying in forma pauperis status. The record on the motion shall be limited to the record presented to the trial court.

***

3 109.05 Suspension of Time Periods

The time periods for a party to pay the filing fee, post a cost bond if required under Rule 107 or Rule 116, and file a transcript certificate are suspended during the pendency of that party's timely motion to proceed in forma pauperis.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Farnesly v. Murphy
1 Add. 22 (Alleghany County Court of Common Pleas, 1792)
Pennsylvania v. Waddle
1 Add. 41 (Westmoreland County Court of Common Pleas, 1792)

Cite This Page — Counsel Stack

Bluebook (online)
ORDER PROMULGATING AMENDMENTS TO THE RULES OF CIVIL APPELLATE PROCEDURE., Counsel Stack Legal Research, https://law.counselstack.com/opinion/order-promulgating-amendments-to-the-rules-of-civil-appellate-procedure-minn-2016.