Minn. R. Civ. App. P. 125.01

As amended through February 1, 2024

Rule 125.01 - Filing

(a) Documents required or authorized to be filed by these rules shall be filed with the clerk of the appellate courts within the time limitations contained in the applicable rule. Filing with the clerk of the appellate courts may be accomplished by one of the following means:

(1) By use of the appellate courts' electronic filing system if required by an order of the Minnesota Supreme Court.

(2) If electronic filing is not required by an order of the Minnesota Supreme Court,

A. By United States Mail addressed to the clerk of the appellate courts,

B. By use of the appellate courts' electronic filing system if permitted by an order of the Minnesota Supreme Court; or

C. By hand delivery to the clerk of appellate courts or use of a commercial courier service.

(b) Filing by facsimile or electronic means other than as authorized or required by an order of the Minnesota Supreme Court is not allowed in the appellate courts, except with express leave of the court.

(c) Filing shall occur at the time and date of:

(1) Electronic filing for any document electronically submitted for filing by 11:59 p.m. at the court's local time, so long as it is accepted by the clerk upon review;

(2) mailing by United States Mail addressed to the clerk of the appellate courts; or

(3) receipt by the clerk of the appellate courts during normal office hours for documents filed by hand delivery or by use of a commercial courier service.

(d) For any document that is required or permitted under these rules to be filed with the trial court at the time of commencement of an appeal, the filer may file or serve the document using the trial court's electronic service system or, except as otherwise excluded by Rule 125.03, any other means authorized by the trial court rules. Separate proof of such service must be filed with the clerk of the appellate courts. Any party to the trial court proceedings registered for use of the trial court's electronic service system shall be deemed to have consented to receive service in this manner.

Except as expressly provided by rule, after an appeal is filed with the appellate courts, filings shall be made with the appellate court using that court's electronic filing system.

(e) If a motion or petition requests relief that may be granted by a single judge, the judge may accept the document for filing, in which event the date of filing shall be noted on it and it shall be thereafter transmitted to the clerk of the appellate courts.

(f) All documents filed shall include the attorney registration license number of counsel filing the document and shall specify the appellate court docket number, if one has been assigned.

Minn. R. Civ. App. P. 125.01

Amended effective 7/1/2014; amended effective 7/1/2016; amended effective 9/1/2019.

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 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 die 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 riling in die appellate rules must be met by filing with the clerk of the appellate courts. Where the rules either require or permit further actions in die district court, the district court system can be used, but any such filing steps must be taken in die 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 die district court. Such a motion is properly served and filed in die district court, and is not filed with the clerk of the appellate courts. Rule 108.02, subd. 6, therefore requires diat any request for die court of appeals to review die district court decision on die motion include copies of die motion and other submissions to die district court.