Minn. R. Civ. App. P. 129.02

As amended through October 28, 2024
Rule 129.02 - Time for Filing and Service of Brief

Copies of an amicus curiae brief shall be served on all parties and filed with the clerk of the appellate courts with proof of service no later than 7 days after the time allowed for filing the brief of the party supported, or if in support of neither party, no later than the time allowed for filing the petitioner's or appellant's brief.

Minn. R. Civ. App. P. 129.02

Amended effective 3/1/2001; amended effective 9/1/2019.

Advisory Committee Comment-2019 Amendments

Rule 129.01 is amended to make two important changes in amicus practice before the appellate courts. First, all requests for leave to participate as an amicus are limited to 1,500 words, exclusive of the caption, signature block, and any addendum. This limitation is intended to prevent the inclusion of argument not germane to the question of whether the request should be allowed.

The second change establishes a new deadline for filing requests for leave to file an amicus brief-14 days (rather than 15) after the appeal is commenced. The new limitation is designed to level the playing field where any potential amicus asks to participate before the Supreme Court has decided whether to grant a pending Rule 117 petition for further review (PFR). Any request to appear as amicus while a PFR is pending must be filed within 14 days of any party's filing of a PFR. If that deadline is missed, an amicus request cannot properly be filed until the court decides the PFR. This allows the parties to the appeal to express their views on the request for leave in the PFR briefing if appropriate. A companion change is made in Rule 117, subd. 5.