Costs and Disbursements

139.01 Costs Unless otherwise ordered by the appellate court, the prevailing party shall recover costs as follows: Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 87 APPELLATE PROCEDURE MINNESOTA COURT RULES (1) upon a judgment on the merits, costs in the amount of $300; (2) upon a dismissal, $10. (Amended effective September 15, 1994; amended effective March 1, 2001.) 139.02 Disbursements Unless otherwise ordered by the appellate court, the prevailing party shall be allowed that party's disbursements necessarily paid or incurred. The prevailing party will not be allowed to tax as a disbursement the cost of preparing informal briefs or submissions designated in Rule 128.01, subd. 2. (Amended effective for appeals taken on or after January 1, 1992; amended effective March 1, 2001.) 139.03 Taxation of Costs and Disbursements; Time Subdivision 1. Time for Seeking Costs. A prevailing party seeking taxation of costs and disbursements shall file and serve a notice of taxation of costs and disbursements within 14 days of the filing of the court's order or decision. Subd. 2. Costs in Supreme Court. Upon reversal in the Supreme Court, a party prevailing in that Court who did not prevail in the Court of Appeals may file and serve separate notices for costs and disbursements in each appellate court within 14 days after the filing of the decision of the Supreme Court, separately identifying costs and disbursements incurred in each court. Subd. 3. Objections. Written objections to any taxation of costs and disbursements shall be filed and served with the clerk of the appellate courts within 7 days after service of the notice of taxation. Failure to file and serve timely written objections shall constitute a waiver. Subd. 4. Decision on Costs. If no objections are filed, the clerk may tax costs and disbursements in accordance with these rules. If objections are filed, the appropriate appellate court shall determine the amount of costs and disbursements to be taxed. There shall be no appeal from the taxation of costs and disbursements. (Amended effective March 1, 2001; amended effective January 1, 2020.) No appeal may be taken from the taxation of costs. Comment - 1983 Advisory Committee Comment - 2000 Amendment The amendment to Rule 139.01 clarifies the rule and, by deleting the statutory reference, makes an award of costs available in a greater variety of appellate proceedings. The amendment to Rule 139.03 allows a party who did not prevail in the Court of Appeals but obtains a reversal in the Supreme Court to seek costs and disbursements related to proceedings in both appellate courts. The notice must be served and filed within 15 days after the Supreme Court's decision. This allows the party who ultimately prevails in the Supreme Court to receive an award of costs and disbursements related to both appellate proceedings, whether or not the party initially prevailed in the Court of Appeals. 139.04 Disallowance of Costs and Disbursements The appellate court upon its own initiative or the motion of any party may disallow the prevailing party's costs or disbursements or both, in whole or in part, for a violation of these rules or for other Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 88 MINNESOTA COURT RULES good cause. The prevailing party will not be allowed to tax as a disbursement the cost of reproducing parts of the record which are not relevant to the issues on appeal. (Amended effective July 1, 2014; amended effective January 1, 2020.) Advisory Committee Comment - 2014 Amendments