Filing and Service of Briefs and Addenda

131.01 Time for Filing and Service Subdivision 1. Appellant's Brief. The appellant shall serve and file a brief and addendum within 30 days after delivery of the transcript by the reporter or after the filing of the trial court's approval of the statement pursuant to Rules 110.03 and 110.04. If a party is self-represented and requests a paper copy of the transcript under subdivision 2(a) of Rule 110.02, 3 days are added to Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 69 APPELLATE PROCEDURE MINNESOTA COURT RULES the briefing period, which is measured from the date the court reporter provides notice to the self- represented party regarding the availability of the transcript from the court administrator's office. If the transcript is obtained prior to appeal or if the record on appeal does not include a transcript, then the appellant shall serve and file a brief and addendum with the clerk of the appellate courts within 30 days after the filing of the notice of appeal, the petition which initiates the appeal, the appellate petition for declaratory judgment, or the appellate court order granting review. Subd. 2. Respondent's Brief. The respondent shall serve and file a brief and addendum, if any, within 30 days after service of the brief of the appellant or the last appellant's brief, if there are multiple appellants, or within 30 days after delivery of a transcript ordered by respondent pursuant to Rule 110.02, subdivision 1, whichever is later. Where the brief of any appellant is served electronically, the additional service of paper copies shall not result in extension of the due date under this rule. Subd. 3. Reply Brief. The appellant may serve and file a reply brief within 14 days after the later of the following: (a) service of the respondent's brief or the last respondent's brief if there are multiple respondents; or (b) service of the brief of an amicus curiae granted leave to participate under Rule 129. Where the foregoing briefs are served electronically, the additional service of paper copies shall not result in extension of the due date under this rule. Subd. 4. Briefing Schedule for Cross-Appeals; Form of Briefs in Cross-Appeals. (a) Cross-Appeal Defined. A cross-appeal, for the purpose of this rule, exists when a notice of appeal and at least one notice of related appeal or separate notice of appeal are filed by parties adverse to each other on appeal. Multiple notices of appeal or related appeal filed by parties who are not adverse to each other do not create cross-appeals. (b) Designation of Appellant. The party who files a notice of appeal first is the appellant for the purposes of this rule. If notices are filed on the same day, the plaintiff in the proceeding below is the appellant. These designations may be modified by the parties' agreement or by court order. (c) Schedule for Filing. In a case involving a cross-appeal, the appellant's principal brief shall be filed in accordance with Rule 131.01, subdivision 1, and the respondent/cross-appellant's principal brief shall be filed as one brief within 30 days after service of appellant's brief. Appellant/cross-respondent's response and reply brief shall be filed as one brief within 30 days after service of cross-appellant's brief. Respondent/cross-appellant's reply brief may be filed within 14 days after service of appellant/cross-respondent's response and reply brief. Where any of the foregoing briefs is served electronically, the additional service of paper copies shall not result in extension of the due date under this rule. (d) Form of Briefs in Cross-Appeals. In a case involving a cross-appeal: (1) Appellant's Principal Brief. The appellant must file a principal brief in the appeal. That brief must comply with Rule 128.01 or Rule 128.02, subdivision 1. (2) Respondent/Cross-Appellant's Principal and Response Brief. The respondent/cross- appellant must file a principal brief on the cross-appeal and may, in the same brief, respond to the appellant's principal brief. The respondent/cross-appellant's brief must comply with Rule 128.01 or Rule 128.02, subdivision 1, to the cross-appeal and Rule 128.02, subdivision 2, as to the appeal, Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 70 MINNESOTA COURT RULES except the brief need not include a statement of the case or a statement of the facts unless the respondent/cross-appellant is dissatisfied with the appellant's statement. (3) Appellant/Cross-Respondent's Response and Reply Brief. The appellant/cross- respondent may file a brief that responds to the principal brief of the respondent/cross-appellant in the cross-appeal and may, in the same brief, reply to the response in the appeal. That brief must comply with Rule 128.02, subdivision 2, as to the response to the cross-appeal and Rule 128.02, subdivision 3, as to the reply on the original appeal. (4) Respondent/Cross-Appellant's Reply Brief. The respondent/cross-appellant may file a brief in reply to the response in the cross-appeal. The brief must comply with Rule 128.02, subdivision 3, and must be limited to the issues presented by the cross-appeal. (5) No Further Briefs. Unless the court permits, no further briefs may be filed in a case involving a cross-appeal. (6) Cover. If briefs are formally bound, the cover of the appellant's principal brief must be blue; the respondent/cross-appellant's principal and response brief, red; the appellant/cross- respondent's response and reply brief, yellow; the respondent/cross-appellant's reply brief, gray; and an intervenor's or amicus curiae's brief, green. These cover color requirements apply only to paper copies of briefs. (7) Length Limit. (A) The appellant's principal brief is acceptable if it complies with the length limits of Rule 132.01, subdivision 3(a). (B) The respondent/cross-appellant's principal and response brief is acceptable if: (i) it contains no more than 16,500 words; or (ii) it uses a monospaced font and contains no more than 1,500 lines of text. (C) The appellant/cross-respondent's response and reply brief is acceptable if: (i) it contains no more than 10,000 words; or (ii) it uses a monospaced font and contains no more than 750 lines of text. (D) The respondent/cross-appellant's reply brief is acceptable if it complies with the length limits of Rule 132.01, subdivision 3(b). (Amended effective for appeals taken on or after January 1, 1992; amended effective January 1, 1999; amended effective January 1, 2010; amended effective July 1, 2014; amended effective November 1, 2017; amended effective September 1, 2019; amended effective January 1, 2020; amended effective October 8, 2021.) Times for filing all briefs have been shortened. Comment - 1983 This rule reduces the time for the filing of the appellant's brief from 60 to 30 days. The commencement of the briefing will depend upon a number of variables. If a transcript is ordered, the 30-day period begins with its delivery. If a transcript has been prepared prior to the appeal or the granting of a petition for review, or if no transcript is contemplated or necessary, the time runs from the date the notice of appeal was filed or the petition was granted. If a statement pursuant to Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 71 APPELLATE PROCEDURE MINNESOTA COURT RULES either Rule 110.03 or 110.04 is submitted in lieu of a transcript, the time begins to run upon filing of the trial court's approval. The time for filing the respondent's brief has been shortened from 45 to 30 days. All parties now have equal time for the preparation of their briefs. Advisory Committee Comment - 2009 Amendments Rule 131.01, subdivision 5, is a new rule to establish alternative rules for briefing in cases where a cross-appeal is filed. The provisions are drawn from Fed. R. App. P. 28.1. The amended Minnesota rule operates as a default timing and brief-length rule; in any case the parties may seek alternate limits by motion, and the court may impose them on its own initiative. The briefing process for cross-appeals under the amended rule is summarized as follows: Brief (in order of filing) Cover color Length limit (word count method) 14,000 words (unchanged) 16,500 words Appellant's principal brief Respondent/cross-appellant's principal and response brief Appellant/cross-respondent's response and reply brief Blue Red 1 2 3 4 Yellow 10,000 words Respondent/cross-appellant's reply brief Gray 7,000 words (unchanged) Subdivision 5(a) makes it clear that only multiple appeals by adverse parties create cross- appeals. If several parties on the same side of a case file separate appeals that are not adverse to each other, the normal three-brief schedule of Rule 131.01 applies. Advisory Committee Comment - 2019 Amendments