Rule 29.04 - Procedure for Appeals from Court of AppealsSubd. 1.Service and Filing. A party petitioning for review to the Supreme Court from the Court of Appeals must file a petition for review with the clerk of the appellate courts, with proof of service on opposing counsel and the Minnesota Attorney General. A defendant does not have to file a bond to petition for review. A party's failure to take any step other than timely filing the petition for review does not affect the validity of the appeal, but permits action the Supreme Court deems appropriate, including dismissal of the appeal.
Subd. 2.Time for Petitioning. A party petitioning for review to the Supreme Court from the Court of Appeals must serve and file the petition for review within 30 days after the Court of Appeals files its decision. For good cause, a judge of the Court of Appeals or a justice of the Supreme Court may, before or after the time to serve and file a petition for review has expired, with or without motion or notice, extend the time to do so up to 30 days from the expiration of the time prescribed by these rules.
Subd. 3.Contents of Petition for Review. The petition for review must not exceed 4,000 words, exclusive of the caption, signature block, and addendum, and must identify the petitioner, state that petitioner is seeking permission to appeal to the Supreme Court from the Court of Appeals, and contain in order the following information:(1) the names, addresses, and telephone numbers of the attorneys for all parties;(2) the date the Court of Appeals filed its decision, and a designation of the judgment or order from which petitioner had appealed to the Court of Appeals; (3) a concise statement of the legal issue or issues presented for review, indicating how the district court and the Court of Appeals decided each issue; (4) a procedural history of the case from commencement of prosecution through filing of the decision in the Court of Appeals, including a designation of the district court and district court judge, and the disposition of the case in the district court and in the Court of Appeals;(5) a concise statement of facts indicating briefly the nature of the case, and including only the facts relevant to the issue(s) sought to be reviewed;(6) a concise statement of the reasons why the Supreme Court should exercise its discretion to review the case; and(7) an addendum containing a copy of the written decision of the Court of Appeals, and a copy of any district court recitation of the essential facts of the case, conclusions of law, and memoranda.Subd. 4.Discretionary Review. The Supreme Court may exercise discretionary review of any Court of Appeals' decision. The following criteria may be considered: (1) the decision presents an important question on which the Supreme Court should rule;(2) the Court of Appeals has ruled on the constitutionality of a statute;(3) the Court of Appeals has decided a question in direct conflict with an applicable precedent of a Minnesota appellate court;(4) the lower courts have so far departed from the accepted and usual course of justice that the Supreme Court should exercise its supervisory powers; or(5) a Supreme Court decision will help develop, clarify, or harmonize the law; and1. the case calls for the application of a new principle or policy;2. the resolution of the question presented has possible statewide impact; or3. the question will likely recur unless resolved by the Supreme Court.Subd. 5.Response to Petition. When a petition for review has been filed, the respondent must file with the clerk of the appellate courts within 20 days after service of the petition on respondent any response, not to exceed 4,000 words, exclusive of the caption, signature block, and addendum, and proof of service on appellant. Failing to respond to the petition will not be considered agreement with it.Subd. 6.Cross-Petition. A party cross-petitioning for review to the Supreme Court must file with the clerk of the appellate courts within 20 days after service of the petition for review, or within 30 days after filing of the decision of the Court of Appeals, whichever is later, a cross-petition for review, not to exceed 4,000 words, exclusive of the caption, signature block, and addendum, and proof of service on the petitioner. The cross-petition must conform to Rule 29.04, subd. 3, but the procedural history, statement of facts, and addendum need not be included unless the cross-petitioner disagrees with them as they appear in the petition for review. The court may permit a party, without filing a cross-petition, to defend a decision or judgment on any ground that the law and record permit that would not expand the relief that has been granted to the party.
Subd. 7.Action on Petition or Cross-Petition. The Supreme Court must file its order granting or denying review or cross-review within 60 days from the date the petition was filed. Upon the filing of the order, the clerk of the appellate courts must transmit a copy of it to the attorneys for the parties.Subd. 8.Briefs.(1) Except as subdivision 10 (pretrial appeals) of this rule directs: (a) appellant must serve and file the appellant's brief and addendum within 30 days after filing of the order granting review;(b) respondent must serve and file the respondent's brief and addendum, if any, within 30 days after service of appellant's brief; and(c) appellant may serve and file a reply brief within 10 days after service of the respondent's brief.(2) In all other respects, the Minnesota Rules of Civil Appellate Procedure govern, to the extent applicable, the form and filing of briefs, but appellant's brief must also contain a procedural history.Subd. 9.Oral Argument. Each party must serve and file with the party's initial brief a notice stating whether the party requests oral argument. Oral argument must be granted unless the court determines it is unnecessary because: (1) neither party has requested oral argument in the notice served and filed with the initial briefs;(2) a party forfeits oral argument under Minnesota Rule of Civil Appellate Procedure 134.01 for not timely filing its brief; or(3) the parties waive oral argument by joint agreement under Minnesota Rule of Civil Appellate Procedure 134.06. The Supreme Court may direct presentation of oral argument in any case.
Subd. 10.Appeals Involving Pretrial Orders.(1) Briefs. In cases originally appealed to the Court of Appeals by the prosecutor under Rule 28.04, the appellant must, within 15 days from the date of filing of the order granting review, serve the appellant's brief on respondent and file with the clerk of appellate courts the number of copies prescribed by standing order of the appellate court. Within 8 days of service, respondent must serve the respondent's brief on appellant and file with the clerk of appellate courts the number of copies prescribed by standing order of the appellate court.
(2) Hearing. In pretrial appeals, the date of oral argument or submission of the case to the court without oral argument must not be later than 3 months after all briefs have been filed. The Supreme Court must not hear or accept as submitted any pretrial appeal not argued or submitted within this 3-month period. If the case has not been argued or submitted within 3 months, the district court must proceed under the judgment of the Court of Appeals as if no appeal had been taken to the Supreme Court.
(3) Attorney Fees. Reasonable attorney fees and costs incurred must be allowed to the defendant on an appeal to the Supreme Court by the prosecutor in a case originally appealed by the prosecutor to the Court of Appeals under Rule 28.04. The fees and costs must be paid by the governmental unit responsible for the prosecution.(4) Conditions of Release. Upon an appeal to the Supreme Court in a case originally appealed by the prosecutor under Rule 28.04, Rule 6.02, subds. 1 and 2, govern the conditions for defendant's release pending the appeal.Subd. 11.Other Procedures. The following rules govern the below-listed aspects of an appeal to the Supreme Court from the Court of Appeals: (1) Rule 28.02, subd. 4(4): stay of appeal for postconviction proceedings;(2) Rule 28.02, subd. 5: proceeding in forma pauperis;(3) Rule 28.02, subd. 6: stay;(4) Rule 28.02, subd. 7: release of defendant;(5) Rule 28.02, subd. 8: record on appeal;(6) Rule 28.02, subd. 11: scope of review;(7) Rules 28.02, subd. 12, and 28.05, subd. 2: action on appeal; and(8) Rule 28.06: voluntary dismissal.Amended effective 7/1/2016.