is amended to change the timing rules for certiorari proceedings. Subdivision 3
Rules of Civil Appellate Procedure
Rule: 115.04
Jurisdiction: MN
Bluebook Citation: Minn. R. Civ. App. P. 115.04
establishes a new Form 115C to ensure that the itemized list is provided to all parties and to determine the date and means of service and filing. One of the purposes of this amendment is to defer briefing until the contents of the record are known to the parties. Subdivision 4 establishes the timing requirements for briefing. Subdivision 5 clarifies that the record itself is then to be retained by the agency or body until needed by the appellate court. This provision does not directly affect the litigants - it is primarily a matter of administration of the appellate court clerk's office. The rule requires that the record be accompanied by the itemized list of the contents in quadruplicate because that form is used to document receipt by the appellate courts and again to document receipt when the record is returned to the agency or body. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 44 MINNESOTA COURT RULES Advisory Committee Comment - 2025 Amendment Rule 115.04, subd. 1, was amended in 2025 to include a cross reference to Rule 112. 115.05 Costs and Disbursements Costs and disbursements may be taxed by the prevailing party but not for or against the body to whom the writ is directed. If a writ appears to have been brought for the purpose of delay or vexation, the Court of Appeals may award double costs to the prevailing party. 115.06 Dismissal Costs If any writ of certiorari is issued improperly or is not served as required by these rules, the party against whom it is issued may have it discharged on motion and affidavit showing the facts and shall be entitled to allowable costs. See Appendix for form of the petition for a writ of certiorari (Form 115A) and of the writ of certiorari (Form 115B). Comment - 1983
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