is amended to change the reference, in both the title and body of the rule, to the
Rules of Civil Appellate Procedure
Rule: 115.01
Jurisdiction: MN
Bluebook Citation: Minn. R. Civ. App. P. 115.01
Department of Employment and Economic Development, the current name of this agency. See Minnesota Statutes 2008, section 15.01. 115.02 Petition for Writ; How Secured The petition and a proposed writ of certiorari shall be presented to the clerk of the appellate courts. The writ issued shall be in the name of the court. 115.03 Contents of the Petition and Writ; Filing and Service Subdivision 1. Contents and Form of Petition, Writ and Response. The petition shall definitely and briefly state the decision, judgment, order or proceeding that is sought to be reviewed and the errors that the petitioner claims. A copy of the decision and the statement of the case pursuant to Rule 133.03 shall be filed with the petition. The title and form of the petition and writ shall be as shown in the appendix to these rules. The respondent's statement of the case, if any, shall be filed and served not later than 14 days after service of the petitioner's statement. Subd. 2. Bond or Security. (a) No cost bond need be filed unless required upon motion for good cause pursuant to Rule 107. (b) The agency or body may stay enforcement of the decision in accordance with Rule 108. Application for a supersedeas bond or a stay on other terms must be made in the first instance to the agency or body. Upon motion, the Court of Appeals may review the agency's or body's decision on a stay and the terms of any stay. Subd. 3. Filing; Fees. The clerk of the appellate courts shall file the original petition and issue the original writ. The petitioner shall pay $550 to the clerk of the appellate courts, unless no fee is required under Rule 103.01, subd. 3, or by statute. Subd. 4. Service. The petitioner shall serve a copy of the petition and the writ, if issued, upon the agency or body to which it is directed and upon every party. Proof of service shall be filed with the clerk of the appellate courts within 7 days of service. A copy of the petition and writ shall be provided to the Attorney General, unless the state is neither a party nor the body to which the writ is directed. (Amended effective July 1, 1989; amended effective for appeals taken on or after January 1, 1992; amended effective July 1, 1993; amended effective January 1, 1999; amended effective July 1, 2003; amended effective July 1, 2009; amended effective January 1, 2010; amended effective July 1, 2014; amended effective September 1, 2019; amended effective January 1, 2020.) Advisory Committee Comment - 2009 Amendments Rule 115.03, subdivision 1, is amended to change the timing for filing a statement of the case by a respondent to 14, rather than ten, days after service of the petitioner's statement of the case. This change makes the respondent's statement of the case due on the same day a notice of related appeal would be due. See Rule 104.01, subdivision 4, as amended. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 42 MINNESOTA COURT RULES Advisory Committee Comment - 2014 Amendments
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