Duties of Appellate Clerk

12.1. Docketing the Case On receiving a copy of the notice of appeal, the petition for review, the petition for discretionary review, the petition in an original proceeding, or a certified question, the appellate clerk must: (a) endorse on the document the date of receipt; (b) collect any filing fee; (c) docket the case; (d) notify all parties of the receipt of the document; and (e) if the document filed is a petition for review filed in the Supreme Court, notify the court of appeals clerk of the filing of the petition. 12.2. Docket Numbers The clerk must put the case's docket number on each item received in connection with the case and must put the docket number on the envelope in which the record is stored. (a) Numbering System. Each case filed in a court of appeals must be assigned a docket number consisting of the following four parts, separated by hyphens: (1) the number of the court of appeals (b) identify the person or entity on whose behalf district; the brief is tendered; (c) disclose the source of any fee paid or to be the case is filed; paid for preparing the brief; and (2) the last two digits of the year in which (d) certify that copies have been served on all parties. Notes and Comments Comment to 1997 change: This is former Rule 20. The rule is rewritten and now requires disclosure of the identity of the person or entity on whose behalf the brief is filed, and the source of any fee paid. (3) the number assigned to the case; and (4) the designation “CV” for a civil case or “CR” for a criminal case. (b) Numbering Order. Each case must be docketed in the order of its filing. 17 (c) Multiple Notices of Appeal. All notices of appeal filed in the same case must be given the same docket number. (i) the court may, on the motion of any party or its own initiative, modify any of these conditions. (d) Appeals Not Yet Filed. A motion relating to an appeal that has been perfected but not yet filed must be docketed and assigned a docket number that will also be assigned to the appeal when it is filed. 12.3. Custody of Papers The clerk must safeguard the record and every other item filed in a case. If the record or any part of it or any other item is missing, the court will make an order for the replacement of the record or item that is just under the circumstances. 12.5. Clerk's Duty to Account The clerk of an appellate court who receives money due another court must promptly pay the money to the court to whom it is due. This rule is enforceable by the Supreme Court. 12.6. Notices of Court’s Judgments and Orders In any proceeding, the clerk of an appellate court must promptly send a notice of any judgment, mandate, or other court order to all parties to the proceeding. 12.4. Withdrawing Papers Notes and Comments The clerk may permit the record or other filed item to be taken from the clerk’s office at any time, on the following conditions: (a) the clerk must have a receipt for the record or item; (b) the clerk should make reasonable conditions to ensure that the withdrawn record or item is preserved and returned; (c) the clerk may demand the return of the record or item at any time; (d) after the case is submitted to the court and before the court’s decision, the record cannot be withdrawn; (e) after the court’s decision, the losing party must be given priority in withdrawing the record; (f) the clerk may not allow original documents filed under Rule 34.5(f) or original exhibits filed under Rule 34.6(g) to be taken from the clerk’s office; (g) if the court allows an original document or exhibit to be taken by a party and it is not returned, the court may accept the opposing party’s statement concerning the document’s or exhibit’s nature and contents; (h) withdrawn material must not be removed from the court’s jurisdiction; and Comment to 1997 change: This is former Rule 18. Former subdivision (b), regarding the preparation of the record, is moved to the order concerning the preparation of the appellate record. Former Rule 14, which is revised and simplified, is relocated here as subdivision 12.5. Subdivision 12.6, requiring the clerk to send a notice of any order or judgment of an appellate court, is added. Other changes are made. Comment to 2002 change: Subdivision 12.6 is amended to require the clerk to notify the parties of all of the court's rulings, including the mandate.