is amended to make it clear that documents that are served and filed electronically

Rules of Civil Appellate Procedure

Rule: 128.01

Jurisdiction: MN

Bluebook Citation: Minn. R. Civ. App. P. 128.01

are not stapled - only paper versions of these documents are to be stapled. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 61 128.02 Formal Brief MINNESOTA COURT RULES APPELLATE PROCEDURE Subdivision 1. Brief of Appellant. The formal brief of the appellant shall contain under appropriate headings and in the order here indicated: (a) A table of contents, with page references, and an alphabetical table of cases, statutes, and other authorities cited, with references to the pages of the brief where they are cited. (b) A concise statement of the legal issue or issues involved, omitting unnecessary detail. Each issue shall be stated as an appellate court would state the broad issue presented. Each issue shall be followed by: (1) a description of how the issue was raised in the trial court, including citations to the record; (2) a concise statement of the trial court's ruling; (3) a description of how the issue was subsequently preserved for appeal, including citations to the record; and (4) a list of the most apposite cases, not to exceed four, and the most apposite constitutional and statutory provisions. (c) A statement of the case and the facts. A statement of the case shall first be presented identifying the trial court and the trial judge and indicating briefly the nature of the case and its disposition. There shall follow a statement of facts relevant to the grounds urged for reversal, modification or other relief. The facts must be stated fairly, with complete candor, and as concisely as possible. Where it is claimed that a verdict, finding of fact or other determination is not sustained by the evidence, the evidence, if any, tending directly or by reasonable inference to sustain the verdict, findings or determination shall be summarized. Each statement of a material fact shall be accompanied by a reference to the record, as provided in Rule 128.03. (d) An argument. The argument may be preceded by a summary introduction and shall include the contentions of the party with respect to the issues presented, the applicable standard of appellate review for each issue, the analyses, and the citations to the authorities. Each issue shall be separately presented. Needless repetition shall be avoided. (e) A short conclusion stating the precise relief sought. (f) In briefs filed with the court of appeals, a party may include an optional statement as to whether the court's opinion should be precedential, nonprecedential, or an order opinion, and the party's reasons, with reference to Rule 136.01, subdivision 1, paragraph (b). (g) The addendum required by Rule 130.02. Subd. 2. Brief of Respondent. The formal brief of the respondent shall conform to the requirements of Rule 128.02, subdivision 1, except that a statement of the issues or of the case or facts need not be made unless the respondent is dissatisfied with the statement of the appellant. If a notice of related appeal is filed pursuant to Rule 103.02, subdivision 2, the respondent's brief shall present the issues specified in the notice of related appeal. A respondent who fails to file a brief either when originally due or upon expiration of an extension of time shall not be entitled to oral argument without leave of the appellate court. Subd. 3. Reply Brief. The appellant may file a brief in reply to the brief of the respondent. The reply brief must be confined to new matter raised in the brief of the respondent. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 62 MINNESOTA COURT RULES Subd. 4. Additional Briefs. No further briefs may be filed except with leave of the appellate court. (Amended effective January 1, 1999; amended effective January 1, 2009; amended effective January 1, 2010; amended effective July 1, 2014; amended effective August 1, 2020.) Advisory Committee Comment - 1998 Amendments

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