Discretionary Review

105.01 Petition for Permission to Appeal; Time Upon the petition of a party, in the interests of justice the Court of Appeals may allow an appeal from an order not otherwise appealable pursuant to Rule 103.03 except an order made during trial, and the Supreme Court may allow an appeal from an order of the Tax Court or the Workers' Compensation Court of Appeals not otherwise appealable pursuant to Rule 116 or governing statute except an order made during trial. Petitioner must, within 30 days of the filing of the order: 1. serve a copy of the petition on the adverse party; 2. file the petition with the clerk of the appellate courts; and 3. pay a filing fee of $550 to the clerk of the appellate courts. Petitioner shall also at the same time file a copy of the petition with the trial court administrator and file proof of that filing with the clerk of the appellate courts. (Amended effective July 1, 1989; amended effective July 1, 1993; amended effective March 1, 2001; amended effective July 1, 2003, for all filings on or after that date; amended effective July 1, 2014.) See Appendix for form of petition for discretionary review (Form 105). Comment - 1983 A petition for discretionary review must be filed with the clerk of the appellate courts within 30 days after filing of the order. Because a request for discretionary review of an interlocutory or other nonappealable order is usually prompted by some exigency and because it is not customary to give notice of making and filing of nonappealable orders, a petition for review must be served and filed with the clerk of the appellate courts within 30 days after the order was filed with the clerk of the trial court. See Appendix for form of petition for discretionary review (Form 105). 105.02 Content of Petition; Response The petition shall be entitled as in the trial court, shall not exceed 4,000 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 Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 19 APPELLATE PROCEDURE MINNESOTA COURT RULES (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 of law, or memorandum of law relating to it shall be included in an addendum, which shall be prepared as prescribed in Rule 130.02. Any adverse party may, within 7 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 4,000 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 2,000 words. As permitted by Rule 6.01(a)(2) of the Rules of Civil Procedure, the time period for filing a reply in support of the petition does not include intermediate Saturdays, Sundays, or legal holidays. 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. (Amended effective for appeals taken on or after January 1, 1992; amended effective January 1, 1999; amended effective March 1, 2001; amended effective July 1, 2014; amended effective July 1, 2016; amended effective January 1, 2020.) Advisory Committee Comment - 1998 Amendments The rule has been amended to change the responsive time from seven to five days to be consistent with the time to file a response to a petition for an extraordinary writ and to a motion. See Minn. R. Civ. App. P. 120.02, 127. The two-day period to file a reply is added to be consistent with the provision for a reply in the rule on motions. See Minn. R. Civ. App. P. 127. Because intervening weekends and holidays are not counted when the time for response is less than seven days, the change will not shorten the time for response, and may actually lengthen it in some cases. See Minn. R. Civ. App. P. 126.01. Advisory Committee Comment - 2000 Amendments