is amended to clarify its operation. The rule is amended in three places to make it

clear that the time to respond to any brief that is served electronically is governed by the date of that service. Later service of paper copies of the brief as required by Rule 131.03, subd. 1, and orders entered by both appellate courts pursuant to that rule does not extend the response period. Rule 131.01, subd. 4(d)(6) is amended to make it clear that the cover color requirements in the rules apply only to paper briefs. Electronic copies should not be filed with notation of what color the cover might have been for a paper brief, or have the background of the first page set to a different color. The covers of briefs contain important information, and a colored background makes the cover more difficult to read in electronic format. 131.02 Application for Extension of Time Subdivision 1. Motion for Extension. No extension of the time fixed for the filing of a brief will be granted except upon a motion pursuant to Rule 127 made within the time specified for the filing of the brief. The motion shall be considered by a justice, judge or a person designated by the appellate court, acting as a referee, and shall be granted only for good cause shown. Subd. 2. Procedure. The date the brief is due shall be stated in the motion. The motion shall be supported by an affidavit which discloses facts showing that with due diligence, and giving Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 72 MINNESOTA COURT RULES reasonable priority to the preparation of the brief, it will not be possible to file the brief on time. All factual statements required by this rule shall be set forth with specificity. (Amended effective January 1, 1999; amended effective March 1, 2001; amended effective July 1, 2014.) Comment - 1983 This rule has been clarified to make explicit that a request for an extension of time to file a brief must be made within the time specified by rule or court order for the filing. Advisory Committee Comment - 2000 Amendment Subdivision 1 of Rule 131.02 is amended to delete the reference to periods of time fixed by Rule 131.01. The requirement for a motion to extend time applies to any time requirement, whether established by rule or schedule order. The purpose of the amendment is to clarify the existing practice rather than to effect a significant change in practice. 131.03 Required Number, Due Date, and Manner of Filing Paper Copies of Briefs The required number, time, and manner of filing paper copies of briefs may be established either by standing order of the applicable appellate court or by other court order. (Amended effective for appeals taken on or after January 1, 1992; amended effective January 1, 1999; amended effective July 1, 2014; amended effective March 1, 2024.) Comment - 1983 Fourteen copies of all briefs, appendices, and supplemental records must now be filed in the Supreme Court and nine copies in the Court of Appeals. Two unbound copies must be supplied to either court. Advisory Committee Comment - 1998 Amendments This rule has been revised to make more clear the event from which the due date of the opening brief is calculated, the due date for responsive briefs, and the procedure for obtaining extensions of time to file briefs. The amended rule also reduces the number of copies of briefs that must be filed in the Court of Appeals. In instances where it is not necessary to await the preparation of a transcript, the time for the opening brief begins to run when the appellate proceedings are formally commenced. When review is not as a matter of right, but depends on some grant of leave from the appellate court, the time for the opening brief does not begin to run until that permission is granted. If either party has ordered a transcript, the time for the opening brief runs from the date the transcript is delivered. Consistent with Rule 125.03, three days are added to the briefing period if the transcript was delivered by U.S. mail. The revised rule makes that calculation clear. Generally, service of appellant's brief begins the 30-day period for the filing of respondent's brief. If respondent has ordered a transcript pursuant to Rule 110.02, subd. 1, respondent's briefing period does not begin until delivery of the transcript, if the transcript is delivered after appellant's brief is served. Specific grounds for any extension of a brief due date must be shown in the affidavit accompanying the motion. Extensions of time to file briefs are not favored. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 73 APPELLATE PROCEDURE MINNESOTA COURT RULES The rule has also been changed to reduce the number of briefs to be filed in the Court of Appeals from nine to seven. While the rule previously required two unbound copies for the Court of Appeals, it now only requires one such copy. The number of bound and unbound copies required by the Supreme Court is unchanged. Advisory Committee Comment - 2014 Amendments