Supreme Court Review of Decisions of the Workers' Compensation Court of Appeals,
Rules of Civil Appellate Procedure
Rule: 116
Jurisdiction: MN
Bluebook Citation: Minn. R. Civ. App. P. 116
Decisions of the Tax Court, and Other Decisions Reviewable by Certiorari 116.01 How Obtained; Time for Securing Writ Supreme Court review of decisions of the Workers' Compensation Court of Appeals, decisions of the Tax Court, and of other decisions reviewable by certiorari may be had by securing issuance of a writ of certiorari within 30 days after the date the party applying for the writ was served with written notice of the decision sought to be reviewed, unless an applicable statute prescribes a different period of time. 116.02 Petition for Writ; How Secured The petition and a proposed writ of certiorari shall be filed with the clerk of the appellate courts. The writ issued shall be in the name of the court. (Amended effective July 1, 2014.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 45 APPELLATE PROCEDURE MINNESOTA COURT RULES 116.03 Contents of the Petition and Writ; Filing and Service Subdivision 1. Contents and Form of Petition, Writ and Response. The petition shall definitely and briefly state the decision, judgment, order or proceeding that is sought to be reviewed and the errors that the petitioner claims. A copy of the decision and the statement of the case pursuant to Rule 133.03 shall be filed with the petition. The title and form of the petition and writ should be as shown in the appendix to these rules. The respondent's statement of the case, if any, shall be filed and served within 14 days after service of the petitioner's statement. Subd. 2. Bond or Security. The petitioner shall file the bond or other security required by statute or by the Supreme Court. Subd. 3. Filing; Fees. The clerk of the appellate courts shall file the original petition and issue the original writ. The petitioner shall pay $550 to the clerk of the appellate courts, unless a different filing fee is required by statute. Subd. 4. Service; Time. The petitioner shall serve copies of the petition and writ upon the court or body to whom it is directed and upon any party within 30 days after the petitioner was served with written notice of the decision to be reviewed, unless an applicable statute prescribes a different period of time. Proof of service shall be filed with the clerk of the appellate courts within 7 days of service. A copy of the petition and writ shall be served on the Attorney General at the time of service. (Amended effective July 1, 1989; amended effective for appeals taken on or after January 1, 1992; amended effective July 1, 1993; amended effective July 1, 2003; amended effective July 1, 2009; amended effective January 1, 2010; amended effective July 1, 2014; amended effective January 1, 2020.) Advisory Committee Comment - 2009 Amendments Rule 116.03, subdivision 1, is amended to change the timing for filing a statement of the case by a respondent to 14, rather than ten, days after service of the petitioner's statement of the case. This change makes the respondent's statement of the case due on the same day a notice of related appeal would be due. See Rule 104.01, subdivision 4, as amended. Advisory Committee Comment - 2014 Amendments
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