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Order Promulgating Amendments To Rules of Civil Appellate Procedure

Supreme Court of Minnesota

June 20, 2019

ORDER PROMULGATING AMENDMENTS TO THE RULES OF CIVIL APPELLATE PROCEDURE

          Lorie S. Gildea, Chief Justice

         The Minnesota State Bar Association asked the court to adopt the system used in the Federal Rules of Civil Procedure to calculate rule-imposed deadlines. The Advisory Committee for the Minnesota Rules of Civil Procedure agreed with this proposal, subject to input from the Advisory Committee for the Rules of Civil Appellate Procedure. In an order filed on March 13, 2018, we referred the recommendation of the Advisory Committee for the Rules of Civil Procedure to adjust time deadlines in Minnesota's rules of court-in general, to 7, 14, 21, and 28 days-to-the Advisory Committee for the Rules of Civil Appellate Procedure for review and recommendations regarding those rules. See Order Promulgating Amendments to the Rules of Civil Proc, No. ADM04-8001, at 2 (Minn, filed Mar. 13, 2018).

         The Advisory Committee for the Rules of Civil Appellate Procedure filed a report on October 1, 2018, recommending that certain rules be amended to redefine the time limits and the calculation of deadlines in the rules, with exceptions for some existing deadlines that promote the efficient processing of cases on appeal. We opened a public comment period. After public comments identified needed clarification in some of the proposed rule amendments, the advisory committee filed a second report, on April 1, 2019, modifying time deadlines further in a limited number of rules.

         We have reviewed the written comments, the proposed amendments, and the committee's supplemental report. Based on our review of the work by the advisory committees for the Rules of Civil Appellate Procedure and the Rules of Civil Procedure, we adopt the recommended amendments to the Rules of Civil Appellate Procedure. We also agree with the committee's recommendation that the changes that will result from new time deadlines and the calculation of those deadlines favors an extended effective date for these amended rules.

         Based on all the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT:

         1. The attached amendments to the Rules of Civil Appellate Procedure are prescribed and promulgated to be effective as of January 1, 2020, and shall apply to all appeals filed on or after the effective date.

         2. The Advisory Committee comments are included for convenience and do not reflect court approval of the comments.

         AMENDMENTS TO THE RULES OF CIVIL APPELLATE PROCEDURE

         [Note: In the following amendments, deletions are indicated by a line drawn through the words and additions are indicated by a line drawn under the words.]

         MINNESOTA RULES OF CIVDL APPELLATE PROCEDURE

         * * *

         Rule 105. Discretionary Review

         * * *

         105.02. Content of Petition; Response

         The petition shall be entitled as in the trial court, shall not exceed 4, 000 words, exclusive of the caption, signature block, and addendum, and shall contain:

         (a) a statement of facts necessary to an understanding of the questions of law or fact determined by the order of the trial court;

         (b) a statement of the issues; and (c)a statement why an immediate appeal is necessary and desirable.

         A copy of the order from which the appeal is sought and any findings of fact, conclusions of law, or memorandum of law relating to it shall be included in an addendum, which shall be prepared as prescribed in Rule 130.02.

         Any adverse party may, within 5 7 days after service of the petition, serve and file with the clerk of the appellate courts a response to the petition, which shall not exceed 4, 000 words, exclusive of the caption, signature block, and addendum. Any reply shall be served within 3 days after service of the response and shall not exceed 2, 000 words. As permitted by Rule 6.01(a)(2) of the Rules of Civil Procedure, the time period for filing a reply in support of the petition does not include intermediate Saturdays. Sundays, or legal holidays. All documents may be typewritten in the form prescribed in Rule 132.02. No additional memoranda may be filed without leave of the appellate court.

         A copy of the response and any reply shall also be filed with the trial court administrator, and proof of that filing shall be filed with the clerk of the appellate courts.

         The petition and any response or reply shall be accompanied by a Certificate of Document Length. The petition and any response shall be submitted without oral argument unless otherwise ordered.

         105.03. Grant of Permission-Procedure

         If permission to appeal is granted, the clerk of the appellate courts shall notify the trial court administrator and then proceed as though the appeal had been noticed by filing an appeal.

         The statement of the case shall be filed within 5 7 days of the order granting the petition. The time fixed by these rules for filing and serving the briefs shall run from the date of the entry of the order granting permission to appeal.

         * * *

         Rule 107. Bond or Deposit for Costs

         * * *

         107.02. Request to Trial Court to Require a Cost Bond

         The trial court may, upon motion of any respondent and a showing that extraordinary circumstances warrant the requirement of a cost bond, order that a bond be provided as follows:

         (a) The bond shall be issued by a surety licensed to issue such bonds in the State of Minnesota and shall be conditioned upon the payment of all costs and disbursements awarded against the appellant on the appeal, not exceeding the amount of the bond, which shall not exceed $1, 000;

         (b) In lieu of a required bond, the appellant may deposit the required amount with the trial court administrator as security for payment; and

         (c) The court may require the bond to be filed when the notice of appeal is filed, or within 10 14 days of the order requiring a bond, whichever date is later.

         * * *

         Rule 109. Leave to Proceed In Forma Pauperis

         * * •

         109.02 Motion for Leave to Proceed In Forma Pauperis in the Court of Appeals

         A party who desires to proceed in forma pauperis in the Court of Appeals shall file in the trial court a motion for leave so to proceed, together with an affidavit showing the party's inability to pay fees and costs and a copy of the party's statement of the case as prescribed by Rule 133.03, showing the proposed issues on appeal. Any such motion by a party initiating an appeal shall be filed on or before the date the appeal is commenced. The trial court shall rule on the motion within 45-14 days after it is filed, unless the Court of Appeals grants additional time. The party shall file a copy of the motion with the clerk of the appellate courts simultaneously with the notice of appeal or the petition that initiates the appeal.

         The trial court shall grant the motion if the court finds that the party is indigent and that the appeal is not frivolous. If the motion is denied, the trial court shall state in writing the reasons for the denial. The party shall promptly file a copy of the trial court's order on the motion with the clerk of the appellate courts.

         If the trial court grants the motion, the party may proceed in forma pauperis without further application to the Court of Appeals. If a transcript is to be prepared for appeal, the party shall file the certificate as to transcript required by Rule 110.02, subdivision 2(a), within 10 14 days from the date of the trial court administrator's filing of the order granting leave to proceed in forma pauperis or within 40-14 days after filing the notice of appeal, whichever is later.

         If the trial court denies the motion, the party shall, within 40-14 days from the date of the trial court administrator's filing of the order, either:

         (a) pay the filing fee, post any required cost bond, and file a completed transcript certificate, if a transcript is required; or

         (b) serve and file a motion in the Court of Appeals for review of the trial court's order denying in forma pauperis status. The record on the motion shall be limited to the record presented to the trial court.

         * * *

         Rule 110. The Record on Appeal

         * * *

         110.02. The Transcript of Proceedings; Duty of Appellant to Order; Notice to Respondent if Partial Transcript is Ordered; Duty of Reporter; Form of Transcript

         Subdivision 1. Duty to Order Transcript. Within 40-14 days after filing the notice of appeal, the appellant shall:

         (a)pursuant to subdivision 2 of this rule, order from the reporter a transcript of those parts of the proceedings not already part of the record which are ...


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