Minn. R. Civ. App. P. 105.01

As amended through October 28, 2024

Rule 105.01 - Petition for Permission to Appeal; Time

Upon the petition of a party, in the interests of justice the Court of Appeals may allow an appeal from an order not otherwise appealable pursuant to Rule 103.03 except an order made during trial, and the Supreme Court may allow an appeal from an order of the Tax Court or the Workers' Compensation Court of Appeals not otherwise appealable pursuant to Rule 116 or governing statute except an order made during trial.

Petitioner must, within 30 days of the filing of the order:

1. serve a copy of the petition on the adverse party;

2. file the petition with the clerk of the appellate courts, and

3. pay a filing fee of $550 to the clerk of the appellate courts.

Petitioner shall also at the same time file a copy of the petition with the trial court administrator and file proof of that filing with the clerk of the appellate courts.

Minn. R. Civ. App. P. 105.01

Amended effective 7/1/2014.

Comment - 1983
A petition for discretionary review must be filed with the clerk of the appellate courts within 30 days after filing of the order.
Because a request for discretionary review of an interlocutory or other nonappealable order is usually prompted by some exigency and because it is not customary to give notice of making and filing of nonappealable orders, a petition for review must be served and filed with the clerk of the appellate courts within 30 days after the order was filed with the clerk of the trial court.
See Appendix for form of petition for discretionary review (Form 105).