is amended to include a cross-reference to Rule 125.03, which prohibits use of

facsimile transmission for service of appellate pleadings except with the consent of the party to be served. That prohibition continues to apply even for the initial appellate documents (typically the notice of appeal or a petition), which are the only appellate documents that the rules required the parties to file in the district court. See Minn. R. Civ. App. P. 103.01, subd. 1(d). Advisory Committee Comment - 2019 Amendments Rule 125.01, subd. 1(d) is amended to make it clear that the only appellate documents that may properly be filed or served using the district court's e-filing and e-service system are those few appellate documents required to be filed with the district court. Rule 103.01, subd. 1, for example, requires that the notice of appeal be filed with the clerk of the appellate courts, but also requires the simultaneous filing of the notice of appeal with the trial court administrator. Because the Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 55 APPELLATE PROCEDURE MINNESOTA COURT RULES appellate courts and district courts have different filing systems, proof of filing or service of an appellate document with the district court system, where permitted, is required by separate proof filed in the appellate court. Rule 109.02 requires that an in forma pauperis motion filed in the district court must be filed with the notice of appeal or petition initiating an appeal. These district court filings must be accomplished using the district court's system, or by any other means allowed by the rules of civil procedure. Other requirements for filing in the appellate rules must be met by filing with the clerk of the appellate courts. Where the rules either require or permit further actions in the district court, the district court system can be used, but any such filing steps must be taken in the trial court, and they are not considered "filed" with the clerk of the appellate courts. For example, Rule 108.02, subd. 1, requires any motion seeking a stay, approval of the form or amount of security, or suspension or other modification of an injunction to be brought in the district court. Such a motion is properly served and filed in the district court, and is not filed with the clerk of the appellate courts. Rule 108.02, subd. 6, therefore requires that any request for the court of appeals to review the district court decision on the motion include copies of the motion and other submissions to the district court. 125.02 Service and Filing of All Documents Required Copies of all documents filed by any party shall be served by that party, at or before the time of filing, on all other parties to the appeal or review. Documents shall be filed with the clerk of the appellate courts at the time of service or immediately thereafter. Service on a party represented by counsel shall be made on the attorney. (Amended effective July 1, 2014.) 125.03 Manner of Service Unless otherwise required by Rule 114.01, service may be electronic by use of the appellate courts' electronic filing system if required or permitted by court order, personal, or by U.S. mail. Personal service includes delivery of a copy of the document to the attorney or other responsible person in the office of the attorney, or to the party, if not represented by counsel, in any manner provided by Minn. R. Civ. P. 4. Electronic service is complete upon confirmation from the appellate courts' electronic filing system that it has been accomplished. Service by U.S. mail is complete on mailing. Whenever a party is required or permitted to do an act within a prescribed period after service and the party is served with the documents only by U.S. mail, 3 days shall be added to the prescribed period. If a document is served electronically or personally after 5:00 p.m. at the court's local time, 1 day shall be added to the prescribed period. As permitted by Rule 6.01(a)(2) of the Rules of Civil Procedure, the time periods in this rule do not include intermediate Saturdays, Sundays, or legal holidays. Personal service may be effected by use of a commercial courier service, and shall be effective upon receipt. Service by facsimile or other electronic means other than as authorized or required by an order of the Minnesota Supreme Court is allowed only with the consent of the party to be served, and is effective upon receipt. (Amended effective for appeals taken on or after January 1, 1992; amended effective January 1, 2009; amended effective July 1, 2014; amended effective January 1, 2020.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 56 MINNESOTA COURT RULES Advisory Committee Comment - 2008 Amendment Rules 125.01 and 125.03 are amended to make clear the intent of the existing rule: that service and filing "by mail" under the rules requires use of the U.S. mail. This clarification parallels a similar set of amendments to the Minnesota Rules of Civil Procedure. Compare Minn. R. Civ. P. 6.05 (amended in 2007 to specify U.S. mail) with Minn. R. Civ. P. 4.05 (historically requiring use of first-class mail). The rule also makes it clear that it is permissible to use Federal Express, UPS, or other commercial courier for both filing and service, but delivery by that means is treated as any other hand delivery, and effective only upon receipt. Additional time for response to service by these services is thus neither required nor provided for, because the response period begins to run at the time of receipt. These rules are also amended to make it clear that neither service nor filing by facsimile are ordinarily allowed in the appellate courts. In exigent circumstances the courts may request that courtesy copies of papers be provided by facsimile, but originals must be filed as provided in Rule 125.01. Service by facsimile is not generally permitted by rule, but if a party agrees to be served by facsimile it is permissible under the amended rule and is effective upon receipt. This provision recognizes that service by facsimile may be cost-effective and convenient for motions, notices, and other papers; it is unlikely to be used for briefs and appendices. The scope of any agreement to consent to service by facsimile should be carefully defined; it will be the unusual appeal where the parties really want their agreement to extend to the briefs and any appendices. The extension of this provision to service "by other electronic means" is intended to permit service by electronic mail, again only where the party to be served has agreed to it for the type of document involved. 125.04 Proof of Service Every document required by these rules to be served on other parties must be filed with proof of service contained on or affixed to the document. Service may be proven by any of the following means: (a) Confirmation of service by authorized use of the appellate courts' electronic filing system, in which event separate proof of service need not be filed, (b) Written admission of service, or (c) An affidavit or certificate of service. An affidavit or certificate of service is required for any document served with the district court's electronic filing system. The clerk of the appellate courts may permit documents to be filed without proof of service, but shall require proof of service to be filed promptly after filing the documents. (Amended effective July 1, 2014; amended effective September 1, 2019.) Comment - 1983 The filing of all papers must be made within the time designated in the applicable rule. Filing by mail addressed to the clerk of the appellate courts is authorized but must be accomplished by deposit in the mail, first class postage prepaid, within the designated time period. To the extent practical, all papers shall include the appellate court docket number and attorney registration license numbers. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 57 APPELLATE PROCEDURE MINNESOTA COURT RULES The clerk of the appellate courts is not authorized to file any papers unless and until the appropriate fee has been paid (Minnesota Statutes 1983, section 357.08) or the documents are accompanied by a written statement of the reason no fee is required. Proof of service must be filed with the clerk of the appellate courts at the time the notice, petition or motion is filed or immediately thereafter. Advisory Committee Comment - 2014 Amendments