Motions in the Appellate Courts

10.1. Contents of Motions; Response (a) Motion. Unless these rules prescribe another form, a party must apply by motion for an order or other relief. The motion must: (1) contain or be accompanied by any matter specifically required by a rule governing such a motion; (2) state with particularity the grounds on which it is based; (3) set forth the order or relief sought; (4) be served and filed with any brief, affidavit, or other paper filed in support of the motion; and (5) in civil cases, except for motions for rehearing and en banc reconsideration, contain or be accompanied by a certificate stating that the filing party conferred, or made a reasonable attempt to confer, with all other parties about the merits of the motion and whether those parties oppose the motion. (b) Response. A party may file a response to a motion at any time before the court rules on the motion or by any deadline set by the court. The court may determine a motion before a response is filed. 10.2. Evidence on Motions A motion need not be verified unless it depends on the following types of facts, in which case the motion must be supported by affidavit or other satisfactory evidence. The types of facts requiring proof are those that are: (a) not in the record; (b) not within the court's knowledge in its official capacity; and (c) not within the personal knowledge of the attorney signing the motion. 10.3. Determining Motions the filer may submit (f) Reference List. If a filer believes any information described in paragraph (a) of this rule is essential to a document or that the document would be confusing without the information, the information to the court in a reference list that is in paper form and under seal. The reference list must specify an appropriate identifier that corresponds uniquely to each item listed. Any reference listed the document identifier will be construed to refer to the corresponding item of information. If the filer provides a reference list pursuant to this rule, the front page of the document containing the redacted information must indicate that the reference list has been, or will be, provided. On its own initiative, the court may order a sealed reference list in any case. to a in (g) Sealed materials. Materials that are required by statute to be sealed, redacted, or kept confidential, such as the items set out in Articles 35.29 (Personal Information About (Evidence Depicting or Jurors), 38.45 Describing Abuse of or Sexual Conduct by Child or Minor), and 42.12, § 9(j), must be treated in accordance with the pertinent statutes and shall not be publicly available on the internet. A court may also order that a document be filed under seal in paper form or electronic form, without redaction. The court may later unseal the document or order the filer to provide a redacted version of the document for the public record. If a court orders material sealed, whether it be sensitive data or other materials, the court's sealing order must be affixed to the outside of the sealed container if the sealed material is filed in paper form, or be the first document that appears if filed in electronic form. Sealed portions of the clerk's and reporter's records should be clearly marked and separated from unsealed portions and tendered as separate records, whether in paper form or electronic form. Sealed material shall not be available either on the internet or in other form without court order. (h) Waiver of Protection of Identifiers. A person waives the protection of this rule as to a person’s own information by filing it without redaction and not under seal. 15 (a) Time for Determination. A court should not hear or determine a motion until 10 days after the motion was filed, unless: (1) the motion is to extend time to file a brief, a petition for review, or a petition for discretionary review; (2) the motion states that the parties have conferred and that no party opposes the motion; or (3) the motion is an emergency. (b) Reconsideration. If a motion is determined prematurely, any party adversely affected may request the court to reconsider its order. 10.4. Power of Panel or Single Justice or Judge to Entertain Motions (a) Single Justice. In addition to the authority expressly conferred by these rules or by law, a single justice or judge of an appellate court may grant or deny a request for relief that these rules allow to be sought by motion. But in a civil case, a single justice should not do the following: (1) act on a petition for an extraordinary writ; or (2) dismiss or otherwise determine an appeal or a motion for rehearing or en banc reconsideration. (b) Panel. An appellate court may provide, by order or rule, that a panel or the full court must act on any motion or class of motions. 10.5. Particular Motions (a) Motions Relating to Informalities in the Record. A motion relating to informalities in the manner of bringing a case into court must be filed within 30 days after the record is filed in the court of appeals. The objection, if waivable, will otherwise be deemed waived. (b) Motions to Extend Time. (1) Contents of Motion in General. All motions to extend time, except a motion to extend time for filing a notice of appeal, must state: 16 (A) the deadline for filing the item in question; (B) the length of the extension sought; (C) the facts relied on to reasonably explain the need for an extension; and (D) the number of previous extensions in regarding item the granted question. (2) Contents of Motion to Extend Time to File Notice of appeal. A motion to extend the time for filing a notice of appeal must: (A) comply with (1)(A) and (C); (B) identify the trial court; (C) state the date of the trial court’s judgment or appealable order; and (D) state the case number and style of the case in the trial court. (3) Contents of motion to extend time to file petition for review or petition for discretionary review. A motion to extend time to file a petition for review or petition for discretionary review must also specify: (A) the court of appeals; (B) the date of the court of appeals’ judgment; (C) the case number and style of the case in the court of appeals; and (D) the date every motion for rehearing or en banc reconsideration was filed, and either the date and nature of the court of appeals' ruling on the motion, or that it remains pending. (c) Motions to Postpone Argument. Unless all parties agree, or unless sufficient cause is apparent to the court, a motion to postpone argument of a case must be supported by sufficient cause. Notes and Comments (b) Comment to 1997 change: This is former Rule 19. Under subdivision 10.1, a response may be filed at any time before the court rules on the motion. The provision of regarding former subdivision docketing motions is incorporated in Rule 12.2. The provision of former subdivision (b) for noting attorneys’ names on the docket is incorporated in Rule 6.2. Former subdivision (c), requiring the clerk to send notices of the filing of motions is deleted as unnecessary because the parties must serve all motions under Rule 9.5. Subdivision 10.2 is amended to eliminate the requirement of an oath where the facts are within the personal knowledge of the attorney. Subdivision 10.5 the is new and provisions of other rules concerning motions, as follows: 10.5(a) from former Rule 71; 10.5(b) from former Rules 73, 130(d), and 160; and 10.5(c) from former Rule 70. Other changes are made. incorporates Comment to 2008 change: It happens so infrequently that a non-movant does not oppose a motion for rehearing or en banc reconsideration that such motions are excepted from the certificate-of- conference requirement in Subdivision 10.1(a)(5). Subdivision 10.2 is revised to clarify that facts supporting a motion need not be verified by the filer if supporting evidence is in the record, the facts are known to the court, or the filer has personal knowledge of them. Subdivision 10.5(b)(3)(D) is added.