Cases For Which A Cost Bond May Not Be Required

Rules of Civil Appellate Procedure

Rule: 107.03

Jurisdiction: MN

Bluebook Citation: Minn. R. Civ. App. P. 107.03

The trial court may not require a bond in the following cases: (a) a criminal case; (b) a case arising in juvenile court; (c) a proceeding pursuant to Minnesota Statutes, chapter 253B or 253D; (d) when the appellant has been authorized to proceed in forma pauperis pursuant to Rule 109; (e) when the appellant is the state or a governmental subdivision of the state or an officer, employee, or agency thereof; Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 23 APPELLATE PROCEDURE MINNESOTA COURT RULES (f) when the appellant is a party to a public assistance appeal pursuant to Minnesota Statutes, chapter 256; or (g) when the appellant is an applicant for unemployment benefits pursuant to Minnesota Statutes, chapter 268. (Added effective July 1, 2014.) Advisory Committee Comment - 2014 Amendments The change in Rule 107.01 removes the requirement of a cost bond for most appeals. The respondent may still ask the district court to require a cost bond, but must make a motion supported by a showing of good cause for the requirement of a bond. This amendment does not change the process for taxation of costs and disbursements, but the appellant is not normally required to incur the expense of obtaining and posting a bond (formerly set at $500). The rule requires that a respondent seeking to require a cost bond proceed by motion in the trial court and demonstrate good cause.

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