Appeal - How Taken

103.01 Manner of Making Appeal Subdivision 1. Notice of Appeal and Filings. 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 with the notice of appeal, file the following with the clerk of the appellate courts: (1) a copy of the judgment or order from which the appeal is taken, (2) the statement of the case required by Rule 133.03, and (3) a filing fee of $550. The appellant shall at the same time also file a copy of the notice of appeal with the trial court administrator. Subd. 2. Relief. 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. Subd. 3. When Filing Fee Not Required. 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 253D; or (d) the appellant is the state or a governmental subdivision of the state or an officer, employee or agency thereof; or Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 10 MINNESOTA COURT RULES (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 an applicant for unemployment insurance 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; amended effective July 1, 2014.) See Appendix for form of notice of appeal (Forms 103A and 103B) and statement of the case (Form 133). Comment - 1983 Filing the notice of appeal with the clerk of the appellate courts, in addition to service on the adverse party, is required to initiate an appeal. A substantial change has been made in Rule 103.01. Under the new rule service alone no longer initiates an appeal. The notice of appeal served on both the adverse party and the clerk of the trial court and filed with the clerk of the appellate courts is required in order to vest jurisdiction in the Court of Appeals. Proof of service, a certified copy of the judgment or order from which the appeal is taken, and the statement of the case (described at Rule 133.03) must accompany the notice of appeal when it is filed. For purposes of these rules, filing is timely if the notice of appeal is deposited in the mail within the time fixed for filing. See Rule 125.01. A change has been made in the amount of the filing fee and to which courts it is paid. Since prehearing conferences will be held only if the court so directs, within 10 days after filing the notice of appeal the appellant must send to the clerk of the appellate courts a written order for the transcript or a notice of intent to proceed on a statement of the proceedings. See Rule 110.02. See Appendix for form of notice of appeal (Forms 103A and 103B) and statement of the case (Form 133). Advisory Committee Comment - 1998 Amendments The additional language in the first paragraph of the rule is intended to clarify the steps that must be taken to invoke appellate jurisdiction. Timely filing the notice of appeal with the clerk of the appellate courts and timely service on the adverse party are the jurisdictional steps required to initiate an appeal. Failure of an appellant to take any step other than the timely filing and service of the notice of appeal does not affect appellate jurisdiction, but is ground only for such action as the appellate court deems appropriate, which may include dismissal of the appeal. The reference to supersedeas bonds previously contained in the rule has been deleted, in light of the concurrent revisions made to Rule 108, which clarify the timing and procedure regarding filing supersedeas bonds. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 11 APPELLATE PROCEDURE MINNESOTA COURT RULES Advisory Committee Comment - 2014 Amendments