Effective Date

These rules are effective on August 1, 1983, and govern all civil appeals and proceedings brought after that date. Comment - 1983 The revised rules are effective on August 1, 1983, the effective date of Minnesota Statutes, section 480A.06, which establishes the jurisdiction of the Court of Appeals, and will govern all civil appeals and proceedings initiated in either the Supreme Court or the Court of Appeals after that date. Appeals and other proceedings pending in the Supreme Court on July 31, 1983, will be governed by the former rules. Minnesota Rules of Civil Appellate Procedure APPENDIX OF FORMS Form 103A. Notice of Appeal (Court of Appeals) Form 103B. Notice of Appeal (Supreme Court) Form 103C. Notice of Related Appeal (Court of Appeals) Form 105. Petition for Discretionary Review Form 106. Deleted Form 110A. Certificate as to Transcript Form 110B. Certificate of Filing and Delivery Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 96 MINNESOTA COURT RULES Form 114. Petition for Declaratory Judgment Form 115A. Petition for Writ of Certiorari Form 115B. Writ of Certiorari Form 115C. Certificate of Service and Filing of Itemized List Form 116A. Petition for Writ of Certiorari Form 116B. Writ of Certiorari Form 117. Petition for Review of Decision of Court of Appeals Form 118. Petition for Accelerated Review Form 120. Petition for Writ of Prohibition Form 128. Appellant's Formal Brief and Appendix Form 132. Certification of Brief Length Form 133. Statement of the Case Form 133A. Subject-Matter Index - Court of Appeals Form 133B. Subject-Matter Index - Supreme Court Form 139. Taxation of Costs and Disbursements Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 97 APPELLATE PROCEDURE MINNESOTA COURT RULES FORM 103A - NOTICE OF APPEAL (Court of Appeals) STATE OF MINNESOTA _______________ DISTRICT COURT COUNTY OF ____________________ ________________ COUNTY COURT _____________ JUDICIAL DISTRICT CASE TITLE: Plaintiff, vs. Defendant. NOTICE OF APPEAL TO COURT OF APPEALS TRIAL COURT CASE NUMBER: DATE OF ORDER: OR DATE JUDGMENT ENTERED: TO: Clerk of the Appellate Courts Minnesota Judicial Center St. Paul, MN 55155 Please take notice that the above-named defendant appeals to the Court of Appeals of the State of Minnesota from an order (judgment) of the court filed (entered) on the date shown, denying defendant's motion for a new trial. DATED: NAME, ADDRESS, ZIP CODE, TELEPHONE NUMBER OF ATTORNEY(S) FOR PLAINTIFF NAME, ADDRESS, ZIP CODE, TELEPHONE NUMBER, AND ATTORNEY REGISTRATION LICENSE NUMBER OF ATTORNEY(S) FOR DEFENDANT: _____________________________ SIGNATURE (The trial court caption is used on the notice of appeal. Subsequent documents shall bear the appropriate appellate court caption. RCAP 103.01, subd. 1 specifies the contents of the notice of appeal and filings required to perfect an appeal, including filing fees. RCAP 103.03 sets forth judgments and orders which are appealable to the Court of Appeals. RCAP 104.01 specifies time limits for filing and service of the notice of appeal. RCAP 107 provides for bond or deposit for costs. RCAP 108.01 provides for a supersedeas bond. This document must be accompanied by 2 copies of a completed statement of the case. RCAP 133.03.) (Amended effective for appeals taken on or after January 1, 1992.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 98 MINNESOTA COURT RULES FORM 103B - NOTICE OF APPEAL (Supreme Court) STATE OF MINNESOTA _______________ DISTRICT COURT COUNTY OF ____________________ _____________ JUDICIAL DISTRICT CASE TITLE: Plaintiff, vs. Defendant. TO: Clerk of the Appellate Courts Minnesota Judicial Center St. Paul, MN 55155 NOTICE OF APPEAL TO SUPREME COURT TRIAL COURT CASE NUMBER: DATE OF FINAL JUDGMENT OF CONVICTION/ORDER: Please take notice that the above-named defendant appeals to the Supreme Court of the State of Minnesota from defendant's final judgment of conviction, date noted above, for the crime of murder in the first degree. DATED: NAME, ADDRESS, ZIP CODE, TELEPHONE NUMBER OF ATTORNEY(S) FOR PLAINTIFF NAME, ADDRESS, ZIP CODE, TELEPHONE NUMBER, AND ATTORNEY REGISTRATION LICENSE NUMBER OF ATTORNEY(S) FOR DEFENDANT: _____________________________ SIGNATURE (The trial court caption is used on the notice of appeal. Subsequent documents shall bear the appropriate appellate court caption. Minnesota Statutes, section 632.14 provides that appeals from a final judgment of conviction of the crime of murder in the first degree are taken directly to the Supreme Court. Rule 29, subdivision 1 of the Rules of Criminal Procedure specifies the procedure for service and filing of the notice of appeal; subdivision 2 itemizes the contents of the notice of appeal; subdivision 3 defines the time for taking an appeal; and subdivision 4 cites other relevant procedures in first-degree murder appeals.) (Amended effective for appeals taken on or after January 1, 1992.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 99 APPELLATE PROCEDURE MINNESOTA COURT RULES FORM 103C - NOTICE OF RELATED APPEAL (COURT OF APPEALS) STATE OF MINNESOTA _______________ DISTRICT COURT COUNTY OF ____________________ _____________ JUDICIAL DISTRICT CASE TITLE: Plaintiff, vs. Defendant. NOTICE OF RELATED APPEAL TO COURT OF APPEALS TRIAL COURT CASE NUMBER: DATE OF ORDER OR JUDGMENT BEING CHALLENGED: ______________________________ APPELLATE COURT FILE NUMBER: _______________ TO: Clerk of the Appellate Courts 305 Minnesota Judicial Center 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, MN 55155 Please take notice that the above-named [plaintiff/defendant] (state full name) appeals to the Minnesota Court of Appeals and seeks review of the (specify order or judgment by title) of the __________ court, which was [filed/entered] on the date noted above and [granting/denying (describe nature of ruling, such as plaintiff's motion for a new trial on liability)]. DATED: NAME, ADDRESS, ZIP CODE, TELEPHONE NUMBER, AND ATTORNEY REGISTRATION LICENSE NUMBER OF ATTORNEY(S) FOR PLAINTIFF: NAME, ADDRESS, ZIP CODE, TELEPHONE NUMBER, AND ATTORNEY REGISTRATION LICENSE NUMBER OF ATTORNEY(S) FOR DEFENDANT: __________________________ SIGNATURE (The trial court caption is used on the notice of appeal and any notice of related appeal. Subsequent documents shall bear the appropriate appellate court caption. RCAP 103.02, subd. 1, specifies the contents of the notice of related appeal and filings required to perfect an appeal, including filing fees. RCAP 104.01, subd. 4, specifies time limits for filing and service of the notice of related Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 100 MINNESOTA COURT RULES appeal. This document must be accompanied by 2 copies of a completed statement of the case. RCAP 133.03.) (Added effective January 1, 2010.) Advisory Committee Comment - 2009 Amendment This Form 103C is new as part of the amendments deleting Rule 106 and abolishing the notice of review and substituting the notice of related appeal. The caption provides information about the earlier appeal to which the later appeal related, including identification of the date of the order or judgment to be reviewed and the appellate court file number of that action, if known. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 101 APPELLATE PROCEDURE MINNESOTA COURT RULES FORM 105 - PETITION FOR DISCRETIONARY REVIEW STATE OF MINNESOTA IN COURT OF APPEALS CASE TITLE: Petitioner, vs. Respondent. TO: PETITION FOR DISCRETIONARY REVIEW TRIAL COURT CASE NUMBER: DATE OF FILING ORDER: The Court of Appeals of the State of Minnesota: The petitioner (name) requests discretionary review of the (date) order of the _______________ Court. 1. Statement of facts necessary to an understanding of the issues presented. 2. Statement of the issues. 3. Statement why immediate review of interlocutory or otherwise nonappealable order necessary. WHEREFORE, the petitioner requests an order of the court granting the petition for discretionary review. DATED: NAME, ADDRESS, ZIP CODE, TELEPHONE NUMBER, AND ATTORNEY REGISTRATION LICENSE NUMBER OF ATTORNEY(S) FOR PETITIONER: _____________________________ SIGNATURE (The content requirements of the petition for discretionary review are found in RCAP 105. A memorandum of law and pertinent lower court documents should be attached to the petition. The submission and the requirements for filing, form and the number of copies are contained in RCAP 105.02.) FORM 106 [Deleted effective January 1, 2010] Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 102 MINNESOTA COURT RULES FORM 110A - CERTIFICATE AS TO TRANSCRIPT (To be filed with the clerk of the appellate courts within 10 days from the date the transcript was ordered) STATE OF MINNESOTA _______________ DISTRICT COURT COUNTY OF ____________________ _____________JUDICIAL DISTRICT CASE TITLE: Plaintiff, vs. Defendant. CERTIFICATE AS TO TRANSCRIPT _________________ Supreme Court _______________ Court of Appeals APPELLATE COURT CASE NUMBER: TRIAL COURT CASE NUMBER: TO: Clerk of the Appellate Courts Minnesota Judicial Center St. Paul, MN 55155 A transcript of the proceedings held on __________ (specify dates) in the above-entitled action was requested by counsel for the (specify party) on (date) in accordance with Rule 110.02, subdivision 2 of the Rules of Civil Appellate Procedure. The estimated number of pages is (number) and the estimated date of completion is __________, a date not to exceed 60 days from the date of request. Satisfactory financial arrangements have been made between counsel and the court reporter for the transcription. DATED: ______________________________________ SIGNATURE OF ATTORNEY ______________________________________ ADDRESS AND TELEPHONE NUMBER ______________________________________ SIGNATURE OF COURT REPORTER ADDRESS AND TELEPHONE NUMBER cc: Trial Court Administrator of Record Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 103 APPELLATE PROCEDURE MINNESOTA COURT RULES All Counsel of Record (Rule 110.02, subdivision 2, requires a certificate as to transcript if any part of the proceedings are to be transcribed by a court reporter. The original copy of the certificate shall be filed with the clerk of the appellate courts, with a copy to the trial court administrator and all counsel of record and shall be filed with the clerk of the appellate courts within 10 days from the date the transcript was ordered.) (Amended effective for appeals taken on or after January 1, 1992; amended effective January 1, 1999.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 104 MINNESOTA COURT RULES FORM 110B - CERTIFICATE OF FILING AND DELIVERY (To be filed with the clerk of the appellate courts promptly after filing and delivery of the transcript) STATE OF MINNESOTA _______________ DISTRICT COURT COUNTY OF ____________________ _____________JUDICIAL DISTRICT CASE TITLE: Plaintiff, vs. Defendant. CERTIFICATE OF FILING AND DELIVERY ___________________ Supreme Court __________________ Court of Appeals APPELLATE COURT CASE NUMBER: TRIAL COURT CASE NUMBER: TO: Clerk of the Appellate Courts Minnesota Judicial Center St. Paul, MN 55155 A transcript of the proceedings held on (specify dates) in the above-entitled action was filed with the trial court administrator on (date). The transcript was delivered to counsel of record on (date) by (specify method of delivery). The transcript was delivered to the following recipients: _________________________________. DATED: ____________________________________________ SIGNATURE OF COURT REPORTER ADDRESS AND TELEPHONE NUMBER cc: Trial Court Administrator of Record All Counsel of Record (Rule 110.02, subd. 2(b), requires the filing of a certificate to document the filing and delivery of the transcript. The certificate must specify the date the transcript was filed with the trial court administrator and the date and method of delivery of the transcript to counsel of record. The original copy of the certificate shall be filed with the clerk of the appellate courts, with a copy to the trial court administrator and all counsel of record and shall be filed with the clerk of the appellate courts immediately after filing and delivery of the transcript.) (Added effective January 1, 1999.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 105 APPELLATE PROCEDURE MINNESOTA COURT RULES FORM 114 - PETITION FOR DECLARATORY JUDGMENT STATE OF MINNESOTA IN COURT OF APPEALS CASE TITLE: Petitioner, vs. Agency or Body, Respondent. PETITION FOR DECLARATORY JUDGMENT COURT OF APPEALS NUMBER: AGENCY OR BODY NUMBER: TO: The Court of Appeals of the State of Minnesota: The above-named petitioner hereby petitions the Court of Appeals pursuant to Minnesota Statutes, section 14.44, for a declaratory judgment determining the validity of a rule adopted by (agency) on (date), upon the grounds that the rule (is unconstitutional/exceeds the statutory authority of the agency/was adopted without compliance with statutory rulemaking procedures). DATED: NAME, ADDRESS, ZIP CODE, AND TELEPHONE NUMBER OF PETITIONER: (ATTORNEY REGISTRATION LICENSE NUMBER IF REPRESENTED BY COUNSEL) _____________________________ SIGNATURE (The procedure for obtaining a declaratory judgment on the validity of an administrative rule from the Court of Appeals is set forth in Rule 114, Rules of Civil Appellate Procedure. The rule prescribes the manner of obtaining review, contents of the petition, filing fees, and service requirements for obtaining review. An original and one copy of a completed statement of the case must accompany the petition.) (Added effective January 1, 1999.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 106 MINNESOTA COURT RULES FORM 115A - PETITION FOR WRIT OF CERTIORARI STATE OF MINNESOTA IN COURT OF APPEALS CASE TITLE: Petitioner, vs. Respondent, (Agency or Body), Respondent. PETITION FOR WRIT OF CERTIORARI COURT OF APPEALS NUMBER: (AGENCY OR BODY) NUMBER: DATE OF DECISION: DATE AND DESCRIPTION OF EVENT TRIGGERING APPEAL TIME (for example, mailing of decision, receipt of decision, or receipt of other notice); TO: The Court of Appeals of the State of Minnesota: The above-named petitioner hereby petitions the Court of Appeals for a Writ of Certiorari to review a decision of the (agency or body) issued on the date noted above, upon the grounds that (specify grounds and statute authorizing certiorari review). DATED: NAME, ADDRESS, ZIP CODE, TELEPHONE NUMBER, AND ATTORNEY REGISTRATION LICENSE NUMBER OF ATTORNEY(S) FOR PETITIONER: _____________________________ SIGNATURE OF ATTORNEY OR, IF NOT REPRESENTED BY COUNSEL: NAME, ADDRESS, ZIP CODE, AND TELEPHONE NUMBER OF PETITIONER: _____________________________ SIGNATURE OF PETITIONER (The procedure for obtaining a writ of certiorari from the Court of Appeals is set forth in the applicable statutes and in Rule 115, Rules of Civil Appellate Procedure. The applicable statutes prescribe the subject matter of writs in the Court of Appeals, time limitations, and requirements Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 107 APPELLATE PROCEDURE MINNESOTA COURT RULES for service. The rule prescribes the manner of securing a writ, contents of the petition, bonds, filing and fees, and preparation of the record. An original and one copy of a completed statement of the case must accompany the petition. The date of the event that triggered the appeal period must be indicated on the petition. The nature of this event varies, depending on the requirements of the statute authorizing certiorari review in the Court of Appeals. See MINN.R.CIV.APP.P. 115 comment.) (Amended effective for appeals taken on or after January 1, 1992; amended effective January 1, 1999.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 108 MINNESOTA COURT RULES FORM 115B - WRIT OF CERTIORARI STATE OF MINNESOTA IN COURT OF APPEALS CASE TITLE: Relator, vs. Respondent, (Agency or Body), Respondent. TO: (Agency or Body) WRIT OF CERTIORARI COURT OF APPEALS NUMBER: (AGENCY OR BODY) NUMBER: DATE OF DECISION: You are hereby ordered to return to the Court of Appeals and serve on all parties in accordance with Rule 115.04, subdivision 3, within 30 days after service of the petition or 14 days after delivery of a transcript, whichever is later, an itemized statement of the record, exhibits and proceedings in the above-entitled matter so that this court may review the decision of the (agency or body) issued on the date noted above. You are further directed to retain the actual record, exhibits, and transcript of proceedings (if any) until requested by the clerk of the appellate courts to deliver them in accordance with Rule 115.04, subdivision 5. Copies of this writ and accompanying petition shall be served forthwith either personally or by mail upon the respondent (agency or body) and upon the respondent or its attorney at: _____________________________ _____________________________ (address) Proof of service of the writ and of the itemized list shall be filed with the clerk of the appellate courts. DATED: Clerk of Appellate Courts (Clerk's File Stamp) By: __________________________ Assistant Clerk (Amended effective for appeals taken on or after January 1, 1992; amended effective January 1, 1999; amended effective January 1, 2010.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 109 APPELLATE PROCEDURE MINNESOTA COURT RULES FORM 115C - CERTIFICATE OF SERVICE AND FILING OF ITEMIZED LIST STATE OF MINNESOTA IN COURT OF APPEALS CASE TITLE: Relator, vs. Respondent, (Agency or Body), Respondent. TO: Clerk of the Appellate Courts Minnesota Judicial Center St. Paul, MN 55155 CERTIFICATE OF SERVICE AND FILING OF ITEMIZED LIST Court of Appeals APPELLATE COURT CASE NUMBER: (AGENCY OR BODY) NUMBER: A copy of the itemized list of the contents of the record is attached to this certificate, was served on each separately-represented party to this proceeding, and is transmitted to the clerk of appellate courts in accordance with Rules 115.04, subdivision 3, and 111.01. Service was made as follows: Party Name Address Date Served Method of Service _____________________________________________________________________________ Clerk of Appellate Courts Minnesota Judicial Center St. Paul, MN 55155 etc. DATED: ___________________________ SIGNATURE ADDRESS AND TELEPHONE NUMBER cc: All counsel of Record (Rule 115.04, subd. 3, requires the service and filing of the itemized list of the contents of the record as specified in Rule 111.01 to take place within 30 days after service of the petition for writ of certiorari or 14 days after delivery of a transcript, whichever is later. This notice requires service Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 110 MINNESOTA COURT RULES and filing of the itemized list of the record; the actual record is to be retained until the clerk of appellate courts requests that it be transmitted to the court. See Rule 115.04, subd. 5.) (Added effective January 1, 2010.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 111 APPELLATE PROCEDURE MINNESOTA COURT RULES FORM 116A - PETITION FOR WRIT OF CERTIORARI STATE OF MINNESOTA IN SUPREME COURT CASE TITLE: Employee- Relator, vs. Employer- Respondent, Insurer- Respondent. PETITION FOR WRIT OF CERTIORARI SUPREME COURT NUMBER: WORKERS' COMPENSATION COURT OF APPEALS NUMBER: DATE OF SERVICE OF WRITTEN NOTICE OF DECISION: TO: The Supreme Court of the State of Minnesota: The above-named relator hereby petitions the Supreme Court for a Writ of Certiorari to review a decision of the Workers' Compensation Court of Appeals, upon the grounds that it is not in conformity with the terms of the Workers' Compensation Act and is unwarranted by the evidence. DATED: NAME, ADDRESS, ZIP CODE, TELEPHONE NUMBER, AND ATTORNEY REGISTRATION LICENSE NUMBER OF ATTORNEY(S) FOR EMPLOYEE-RELATOR: ____________________________________ SIGNATURE (The procedure for obtaining a writ of certiorari from the Supreme Court is set forth in RCAP 116. The rule prescribes the subject matter of writs in the Supreme Court, contents of the petition, bond or security, filing and fees, and requirements for service. Two copies of a completed statement of the case must accompany the petition.) (Amended effective for appeals taken on or after January 1, 1992.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 112 MINNESOTA COURT RULES FORM 116B - WRIT OF CERTIORARI STATE OF MINNESOTA IN SUPREME COURT CASE TITLE: Employee- Relator, vs. Employer- Respondent, Insurer- Respondent. WRIT OF CERTIORARI SUPREME COURT NUMBER: WORKERS' COMPENSATION COURT OF APPEALS NUMBER: DATE OF SERVICE OF WRITTEN NOTICE OF DECISION: TO: The Workers' Compensation Court of Appeals: You are hereby ordered to return to the Supreme Court within 30 days from this date the record, exhibits and proceedings in the above-entitled matter so that this court may review the decision of the Workers' Compensation Court of Appeals. Copies of this writ and accompanying petition shall be served forthwith either personally or by mail upon the Secretary of the Workers' Compensation Court of Appeals and upon the Employer- Respondent(s) above-named or their attorney(s) at: ____________________________________ ____________________________________ (address) Proof of service shall be filed with the clerk of the appellate courts. DATED: Clerk of Appellate Courts (Clerk's File Stamp) By: ________________________________ Assistant Clerk (Amended effective for appeals taken on or after January 1, 1992.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 113 APPELLATE PROCEDURE MINNESOTA COURT RULES FORM 117 - PETITION FOR REVIEW OF DECISION OF COURT OF APPEALS STATE OF MINNESOTA IN SUPREME COURT CASE TITLE: Petitioner, vs. Respondent. PETITION FOR REVIEW OF DECISION OF COURT OF APPEALS APPELLATE COURT CASE NUMBER: DATE OF FILING OF COURT OF APPEALS DECISION: TO: The Supreme Court of the State of Minnesota: The petitioner (name) requests Supreme Court review of the above-entitled decision of the Court of Appeals upon the following grounds: 1. Statement of legal issues and their resolution by the Court of Appeals. 2. Statement of the criteria of the rule relied upon to support the petition. 3. Statement of the case (facts and procedural history). (The statement should be a concise summary because the decisions of the lower courts must be attached.) 4. A brief argument in support of petition. (The petitioner shall identify and address the critical portion of the Court of Appeals decision and discuss the likelihood of success on the merits.) For these reasons, the petitioner seeks an order granting review of the decision of the Court of Appeals. DATED: NAME, ADDRESS, ZIP CODE, TELEPHONE NUMBER, AND ATTORNEY REGISTRATION LICENSE NUMBER OF ATTORNEY(S) FOR PETITIONER ____________________________________ SIGNATURE Appendix (The content requirements of the petition are found in RCAP 117. The rule emphasizes that Supreme Court review is discretionary. The decisions of the Court of Appeals and trial court or agency must Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 114 MINNESOTA COURT RULES be attached as an appendix. The petition should not exceed 5 typewritten pages, exclusive of appendix.) (Amended effective for appeals taken on or after January 1, 1992; amended effective March 1, 2001.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 115 APPELLATE PROCEDURE MINNESOTA COURT RULES FORM 118 - PETITION FOR ACCELERATED REVIEW STATE OF MINNESOTA IN SUPREME COURT CASE TITLE: Petitioner, vs. Respondent. PETITION FOR ACCELERATED REVIEW APPELLATE COURT CASE NUMBER: TO: The Supreme Court of the State of Minnesota: The petitioner (name) requests accelerated review by the Supreme Court of the above-entitled matter upon the following grounds: 1. Statement of legal issues. 2. Statement of the case. (This should be a concise statement of the facts necessary to the Supreme Court's decision to accelerate the appeal; a summary of the trial court or agency's decision; and the status of the case- -including the stage of the proceedings on the date of this petition--and the date of filing of the notice of appeal.) 3. A brief argument. (The petitioner should discuss the applicable criteria of RCAP 117, subd. 2; and the question of why immediate review by the Supreme Court is necessary.) For these reasons, the petitioner requests an order granting accelerated review of this appeal now pending in the Court of Appeals. DATED: NAME, ADDRESS, ZIP CODE, TELEPHONE NUMBER, AND ATTORNEY REGISTRATION LICENSE NUMBER OF ATTORNEY(S) FOR PETITIONER: ____________________________________ SIGNATURE Appendix (This petition shall not exceed 10 typewritten pages, exclusive of appendix, and shall comply with the requirements of RCAP 118, subd. 2.) (Amended effective for appeals taken on or after January 1, 1992.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 116 MINNESOTA COURT RULES FORM 120 - PETITION FOR WRIT OF PROHIBITION STATE OF MINNESOTA IN COURT OF APPEALS CASE TITLE: Petitioner, vs. Respondent. PETITION FOR WRIT OF PROHIBITION TRIAL COURT CASE NUMBER: APPELLATE COURT CASE NUMBER: TO: The Court of Appeals of the State of Minnesota: The petitioner (name) requests a writ of prohibition restraining the ____________ County District Court from enforcing its order of (date). 1. Statement of facts necessary to an understanding of the issues presented. 2. Statement of the issues. 3. Argument and statement of the reasons extraordinary relief necessary. WHEREFORE, the petitioner requests an order granting the petition for a writ of prohibition and the issuance of the writ. DATED: NAME, ADDRESS, ZIP CODE, TELEPHONE NUMBER, AND ATTORNEY REGISTRATION LICENSE NUMBER OF ATTORNEY(S) FOR PETITIONER ___________________________ SIGNATURE Appendix (The content requirements of the petition for extraordinary relief are found in RCAP 120. A memorandum of law and pertinent lower court documents should be attached to the petition. The submission of the petition and time to respond are detailed in RCAP 120.02 and the requirements for filing, form and the number of copies are contained in RCAP 120.04.) (Amended effective for appeals taken on or after January 1, 1992; renumbered effective January 1, 1999.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 117 APPELLATE PROCEDURE MINNESOTA COURT RULES FORM 128 - APPELLANT'S FORMAL BRIEF AND APPENDIX (Cover) APPELLATE COURT CASE NUMBER STATE OF MINNESOTA IN COURT OF APPEALS CASE TITLE: Respondent, vs. Appellant. APPELLANT'S BRIEF AND APPENDIX JOHN BROWN Attorney for Respondent SMITH & JONES By John Jones (address, zip code, and telephone number) Attorney for Appellant (address, zip code, telephone number, and attorney registration license number) ******************************************** TABLE OF CONTENTS Table of Authorities Legal Issues Statement of Facts Argument 1. (Concise statement of each legal argument advanced) 2. 3. Conclusion Complaint Answer Jury Instructions (if applicable) Verdict Motion for New Trial APPENDIX AND ITS INDEX Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. Page 2 3 4 7 12 15 19 1 2 3 7 8 APPELLATE PROCEDURE MINNESOTA COURT RULES Order Denying Motion for New Trial and Memorandum Notice of Appeal ******************************************** TABLE OF AUTHORITIES Statutes (list applicable statutes and page where argument found) Minnesota Statutes, section 518.58 (1982) Cases (list applicable authorities and page where argument found) Jones v. Olson, __ N.W.2d __ (Minn. 1982) Smith v. Brown, __ Minn. __, __ N.W.2d __ (1965) Secondary Authorities McCormick, Damages, section 83 (1935) ******************************************** LEGAL ISSUES I. (Precise statement of each legal issue) Trial court held: _______________________________ II. ******************************************** STATEMENT OF FACTS 118 11 12 8 9 14 16 (The facts should be stated in compliance with RCAP 128.02, subd. 1(c), accompanied by appropriate citations to the appendix and the transcript.) ******************************************** ARGUMENT I. (Each legal issue should be argued separately. RCAP 128.02, subd. 1(d).) ******************************************** (The conclusion shall contain a statement of the precise relief sought.) CONCLUSION Respectfully submitted, SMITH & JONES By John Jones Attorney for Appellant (address, zip code, telephone number, and attorney registration license number) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 119 APPELLATE PROCEDURE MINNESOTA COURT RULES ******************************************** APPENDIX AND INDEX (The index should precede the appendix and the pages of the appendix should be separately numbered. RCAP 130.) (Amended effective for appeals taken on or after January 1, 1992.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 120 MINNESOTA COURT RULES FORM 132 - CERTIFICATION OF LENGTH OF DOCUMENT STATE OF MINNESOTA (IN SUPREME COURT OR IN COURT OF APPEALS) CASE TITLE: Appellant, vs. Respondent. CERTIFICATION OF LENGTH OF DOCUMENT APPELLATE COURT CASE NUMBER: I hereby certify that this document conforms to the requirements of the applicable rules, is produced with a [monospaced] [proportional] font, and the length of this document is .... [lines] [words]. This brief was prepared using [name and version of word processing software]. DATED: NAME, ADDRESS, ZIP CODE, TELEPHONE NUMBER, EMAIL ADDRESS, AND REGISTRATION LICENSE NUMBER OF ATTORNEY(S) FOR [PARTY]: ____________________________________ SIGNATURE (Added effective March 1, 2001; amended effective July 1, 2016.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 121 APPELLATE PROCEDURE MINNESOTA COURT RULES FORM 133 - STATEMENT OF THE CASE STATE OF MINNESOTA IN (SUPREME COURT OR IN COURT OF APPEALS) CASE TITLE: Appellant, vs. Respondent. STATEMENT OF THE CASE OF (APPELLANT) (RESPONDENT) TRIAL COURT CASE NUMBER: APPELLATE COURT CASE NUMBER: 1. Court or agency of case origination and name of judge or hearing officer who presided. 2. Jurisdictional statement. (A) Appeal from district court. Statute, rule or other authority authorizing appeal: Date of entry of judgment or date of service of notice of filing of order from which appeal is taken: Authority fixing time limit for filing notice of appeal (specify applicable rule or statute): Date of filing any motion that tolls appeal time: Date of filing of order deciding tolling motion and date of service of notice of filing: (B) Certiorari appeal. Statute, rule or other authority authorizing certiorari appeal: Authority fixing time limit for obtaining certiorari review (cite statutory section and date of event triggering appeal time, e.g., mailing of decision, receipt of decision, or receipt of other notice): (C) Other appellate proceedings. Statute, rule or other authority authorizing appellate proceeding: Authority fixing time limit for appellate review (cite statutory section and date of event triggering appeal time, e.g., mailing of decision, receipt of decision, or receipt of other notice): (D) Finality of order or judgment. Does the judgment or order to be reviewed dispose of all claims by and against all parties, including attorney fees? Yes (___) No (___) If no: Did the district court order entry of a final partial judgment for immediate appeal pursuant to MINN.R.CIV.APP.P. 104.01? Yes (___) No (___) or If yes, provide date of order: Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 122 MINNESOTA COURT RULES If no, is the order or judgment appealed from reviewable under any exception to the finality rule? Yes (____) No (___) If yes, cite rule, statute, or other authority authorizing appeal: (E) Criminal only. Has a sentence been imposed or imposition of sentence stayed? Yes (____) No (___) If no, cite statute or rule authorizing interlocutory appeal: (State whether appeal is from a judgment or order, including date of entry of judgment or filing of order. If appeal is from order, state date of service of written notice of filing thereof and which clause of RCAP 103.03 or which statute authorizes the appeal.) 3. State type of litigation and designate any statutes at issue. (Example: marital dissolution - property distribution, Minnesota Statutes, section 518.58 (1982); spousal maintenance, Minnesota Statutes, section 518.552 (1982). Case designation shall be taken from the subject-matter index included in the appendix as Forms 133A and 133B.) 4. Brief description of claims, defenses, issues litigated and result below. For criminal cases, specify whether conviction was for a misdemeanor, gross misdemeanor, or felony offense. 5. List specific issues proposed to be raised on appeal. 6. Related appeals. List all prior or pending appeals arising from the same action as this appeal. If none, so state. List any known pending appeals in separate actions raising similar issues to this appeal. If none are known, so state. 7. Contents of record. Is a transcript necessary to review the issues on appeal? Yes (___) No (___) If yes, full (___) or partial (___) transcript? Has the transcript already been delivered to the parties and filed with the trial court administrator? Yes (___) No (___) If not, has it been ordered from the court reporter? Yes (___) No (___) If a transcript is unavailable, is a statement of the proceedings under Rule 110.03 necessary? Yes (___) No (___) In lieu of the record as defined in Rule 110.01, have the parties agreed to prepare a statement of the record pursuant to Rule 110.04? Yes (___) No (___) 8. Is oral argument requested? Yes (___) No (___) If so, is argument requested at a location other than that provided in Rule 134.09, subd. 2? Yes (___) No (___) If yes, state where argument is requested: 9. Identify the type of brief to be filed. Formal brief under Rule 128.02. (___) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 123 APPELLATE PROCEDURE MINNESOTA COURT RULES Informal brief under Rule 128.01, subd. 1 (must be accompanied by motion to accept unless submitted by claimant for reemployment benefits). (___) Trial memoranda, supplemented by a short letter argument, under Rule 128.01, subd. 2. (___) 10. Names, addresses, zip codes and telephone numbers of attorney for appellant and respondent. NAME [OF PARTY SUBMITTING] AND ATTORNEY [IF REPRESENTED], ADDRESS (INCLUDING ZIP CODE), TELEPHONE NUMBER, EMAIL ADDRESS (IF AVAILABLE), REGISTRATION LICENSE NUMBER OF ATTORNEY(S) [IF APPLICABLE] _____________________________________________________________________________ SIGNATURE Dated: (The Statement of Case is not a jurisdictional document, but it is important to the proper and efficient processing of the appeal by the appellate courts. The "jurisdictional statement" section is intended to provide sufficient information for the appellate court to easily determine whether the order or judgment is appealable and if the appeal is timely. The nature of the proceedings below and the notice of appeal determine the jurisdiction of the appellate court. The sections requesting information about the issues litigated in the lower court or tribunal, and the issues proposed to be raised on appeal are for the court's information, and do not expand or limit the issues that might be addressed on appeal. Likewise, the section asking counsel to identify any prior or pending appeals from the same case, and any separate appeals that raise similar issues is intended to provide more information about the procedural history of the case and to ensure that the court has early notice of other pending related matters in case consolidate is appropriate.) (Amended effective January 1, 1999.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 124 MINNESOTA COURT RULES FORM 133A - SUBJECT-MATTER INDEX - COURT OF APPEALS Administrative Law - Administrative Procedure Act Agency Appeal and Error a. Jurisdictional Question b. Standard of Review c. Scope of Review Arbitration Attorney fees Commercial Law Constitutional Law (other than criminal) Contracts Corporations/Professional Associations/Partnerships 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Criminal a. Police Practices -- arrest -- search and seizure -- electronic surveillance -- confessions -- identification procedures -- administration of exclusionary rules b. Pretrial procedures -- prosecutorial discretion in charging -- indictment and complaint -- bail -- discovery -- joinder -- speedy trial -- venue -- competency of defendant -- continuances -- omnibus hearing c. Guilty Pleas Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 125 APPELLATE PROCEDURE MINNESOTA COURT RULES d. Trial - Right to counsel -- appointment of counsel -- effective assistance of counsel -- waiver of counsel e. Trial - Conduct of Prosecutor -- improper argument -- improper elicitation of evidence f. Evidentiary Rulings g. Trial Court's Instructions h. Defenses i. Sufficiency of Evidence j. Jury k. Sentencing l. Juveniles m. Miscellaneous Debtor-Creditor Dissolution of Marriage a. Attorney Fees b. Child Custody, Support c. Spousal Maintenance d. Property Distribution Dram Shop Act Evidence Governmental Immunity Implied Consent Proceedings Insurance a. No-fault Benefits b. Duty to Defend c. Coverage 11. 12. 13. 14. 15. 16. 17. 18. Juveniles a. Dependency b. Neglect c. Termination of Parental Rights Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 126 MINNESOTA COURT RULES 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Landlord-Tenant Malpractice a. Legal b. Medical Mental Health Commitment Municipalities Negligence a. Damages b. Liability c. Jury Instructions d. Sufficiency of Evidence Negotiable Instruments Probate - Trust Administration Property a. Adverse Possession b. Conveyances c. Cancellation of Contracts Public Officials - Duties Schools a. Districts b. School Teacher - Employment Statute at Issue _____________________________ (identify) Torts a. Identify 31. Unemployment Compensation a. Voluntary termination b. Misconduct c. Other __________________________________ (identify) Writs Zoning Miscellaneous _____________________________ (identify) 32. 33. 34. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 127 APPELLATE PROCEDURE MINNESOTA COURT RULES FORM 133B - SUBJECT-MATTER INDEX - SUPREME COURT 1. Criminal - Murder in the First Degree 2. Mortgages 3. Tax Court 4. Workers' Compensation a. Apportionment b. Attorney Fees c. Computation of Award d. Coverage of the Act e. Procedure f. Settlement Agreements 5. Miscellaneous ______________(identify) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 128 MINNESOTA COURT RULES FORM 139 - TAXATION OF COSTS AND DISBURSEMENTS STATE OF MINNESOTA Case Title Appellate Court Case Number: □ Supreme Court □ Court of Appeals NOTICE, STATEMENT AND CLAIM OF COSTS AND DISBURSEMENTS INCURRED BY PREVAILING PARTY Prevailing Party: ______________________________________ □ Appellant □ Respondent □ Relator COSTS AND DISBURSEMENTS Statutory Costs.............................. $___ 300.00 Printing Appellant's brief and Appendix................................... $ _________ Clerk of The Appellate Courts Filing Fee...................................... Transcript of case used for appeal to Appellate Courts only............... $ _________ Postage........................................ $ _________ $ _________ Premium on appeal bond............. $ _________ Printing of Respondent's brief... $ _________ Other............................................ $ _________ The above bill of Costs and Disbursements taxed and allowed____________________________ ______________________________________ By ___________________________________ Clerk of the Appellate Courts Assistant Clerk Dated STATE OF MINNESOTA County of ______________________________ Being duly sworn, I the attorney for the prevailing party in the above-entitled action, state that the above is a true and correct statement of costs incurred and disbursements made by the prevailing party in that action. NOTARY STAMP, SIGNATURE AND DATE: Respectfully, ________________________________________ _____________________________________ Dated Attorney's Name ________________________________________ _____________________________________ Signature Address _____________________________________ Signature Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 129 APPELLATE PROCEDURE MINNESOTA COURT RULES _____________________________________________________________________________ NOTICE TO ATTORNEY FOR ADVERSE PARTY(S): Costs and disbursements will be taxed pursuant to Rule 139.03 (Rules of Civil ADVERSE PARTY(S) BEING TAXED: Appellate Procedure), objections thereto may be filed pursuant to Rule 139.04. ________________________________________ _____________________________________ ATTORNEY ATTORNEY For_____________________________________ For__________________________________ (Name of Party) (Name of Party) ________________________________________ _____________________________________ ATTORNEY ATTORNEY For_____________________________________ For__________________________________ (Name of Party) (Name of Party) (Added effective January 1, 1999.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 130 MINNESOTA COURT RULES Case Dispositional Procedures of the Minnesota Supreme Court has been retired. Rules of Practice Before the Minnesota Supreme Court for Former Justices and Employees of the Court Effective April 1, 2011