July 18, 2016

STATE OF MINNESOTA 

IN COURT OF APPEALS ORmiEOF 

AnBJAJECcuna 

ORDER 

Minnesota Court of Appeals Special Rules of 

Practice. #ADM10-8010 

BASED ON THE FILE, RECORD, AND PROCEEDINGS, AND BECAUSE 

minor amendments to rules 2, 6, and 10 of the Special Rules of Practice for the Minnesota 

Court of Appeals have been approved and adopted by the court. 

IT IS HEREBY ORDERED amendments to the Special Rules of Practice for the 

Minnesota Court of Appeals are promulgated, effective July 18, 2016. 

Dated: July 18, 2016 

BY THE COURT 

Edwar~:? Chief Judge 
SPECIAL RULES OF PRACTICE 

FOR THE 

MINNESOTA COURT OF APPEALS 

Effective Oct. 25, 1991 

Including Amendments Through 

July 18, 2016 

INTRODUCTION 

These rules are informational for the practitioner and directive for the court. They are 

complementary to the Rules of Civil Appellate Procedure. These rules are subject to 

change without prior notice. 

The special rules enable lawyers to understand the mechanics of the Court's procedure, 

provide a basis for evaluation and improvement of the administration of the Court, and 

promote public understanding of the judicial deliberative process. 

Adopted Oct. 25. /991, eff Oct. 25, 199/ 

Rule 1. Scheduling Cases 

Placement on the calendar is in order of filing, except that cases involving child custody 

or juvenile protection will be given priority. Other cases may be expedited by rule, by 

statute, or by motion, based on a showing of good cause. Cases may be scheduled as 

soon as one responsive brief is filed. 

If a case pending in the Supreme Court will be dispositive of a case pending before the 

Court of Appeals, the Chief Judge may order that scheduling be deferred until the 

Supreme Court has acted. Counsel should inform the court if they believe a case may be 

controlled by a case pending in the Supreme Court. 

Counsel must advise the clerk, in writing before the case is scheduled, of any conflicts 

which will limit their availability for argument, and counsel must continue to file updated 

notices until the case has been scheduled. The Clerk of the Appellate Courts will notify 

counsel approximately one month in advance of the conference or hearing date, 

specifying the location of oral argument, if any, and the identity of the panel members 

assigned to the case. 

Adopted Oct. 25, 199/, elf Oct. 25, 1991; amended eff Oct. 7, 20/0 
Rule 2. Oral Argument 

Members of the Minnesota Bar and attorneys admitted pro hac vice by the Court of 

Appeals may argue before the court. If any litigant is without counsel, the case will be 

submitted on the briefs and record, without oral arguments by any party. Minn. R. Civ. 

App. P. 134.01 sets out circumstances in which oral argument will not be allowed. 

Waiver of argument is governed by Minn. R. Civ. App. P. 134.05 and 134.06. 

Appellants are allowed 15 minutes to present their principal arguments, respondents are 

allowed 15 minutes (to be divided, in cases involving multiple respondents), and 

appellants are allowed 5 minutes for rebuttal. Arguments are held in the Judicial Center 

in St. Paul and at appropriate locations in other judicial districts, as provided in Minn. 

Stat. § 480A.09, subd. 1 and Minn. R. Civ. App. P. 134.09, subd. 2. 

A motion to reset or postpone oral argument must be made in writing, with a copy to 

opposing counsel, in accordance with Minn. R. Civ. App. P. 134.02. Reasons for the 

request must be stated. The court will reset a case only upon a showing of extreme 

emergency and no more than once. However, the court may reschedule cases on its own 

motion. 

Counsel may use exhibits from the record (or enlargements of such exhibits) as graphic 

aids during oral argument. If counsel intends to use graphic aids for illustrative purposes, 

counsel must provide two days' notice to the court and opposing counsel and provide to 

the marshal four copies of the graphic aid on 8 Yz x 11-inch paper. Counsel must make 

arrangements prior to hearing with the court's receptionist or with the local court 

administrator for the use of easels or other equipment. It is the responsibility of counsel 

to ensure that any trial exhibit to be used is obtained prior to argument. 

Arguments are recorded by the court for internal use only. Recordings are retained only 

until the opinion is released. Prior approval of the Chief Judge or presiding judge is 

required to take photographs or to record or videotape oral argument. The media may 

cover proceedings in accordance with rules adopted by the Supreme Court. 

Adopted Oct. 2 5, 1991, eff. Oct. 2 5, 1991; amended elf. Oct. 7, 201 0; amended eff. July 18, 2016 

Rule 3. Panels 

Oral and non-oral cases will be assigned to panels of at least three judges as set forth in 

Minn. Stat. § 480A.08. One of the judges will be named by the Chief Judge to preside. 

If a judge assigned to the panel does not participate, the Chief Judge will assign another 

judge to the panel. Panels decide cases immediately following oral arguments and hold 

scheduled conferences to decide non-oral cases. After a decision is made, the presiding 

judge assigns preparation of the opinion to a member of the panel. 
Adopted Oct. 25, 1991, eff Oct. 25, 1991 

Rule 4. Opinions 

Opinions state the nature of the case and the reasons for the decision. The panel will 

decide at its conference whether to publish an opinion. The publication decision is 

guided by Minn. Stat. § 480A.08, subd. 3, which provides for publication of opinions 

which establish a new rule of law, overrule a previous Court of Appeals decision not 

reviewed by the Minnesota Supreme Court, provide important procedural guidelines in 

interpreting statutes or administrative rules, involve a significant legal issue, or 

significantly aid in the administration of justice. All other opinions are unpublished. 

Unpublished opinions are not precedential and may not be cited unless copies are 

provided to other counsel at least 48 hours before their use at any pretrial conference, 

hearing, or trial. If an unpublished opinion is cited in a brief or memorandum, copies 

must be provided to all other counsel at the time the brief or memorandum is served. 

Pursuant to Minn. R. Civ. App. P. 136.01, subd. l(a), the panel may decide to issue an 

order opinion. 

Adopted Oct. 25, 1991, eff Oct. 25, 1991 

Rule 5. Circulation of Opinions 

When a draft opinion has been prepared, the authoring judge will circulate it to other 

members of the court for their information and comments. 

Adopted Oct. 25, 1991, ejf Oct. 25, 1991; amended ejf Oct. 7, 2010 

Rule 6. Opinion Issuance 

Except in extraordinary circumstances, opinions will be filed on Monday of each week. 

Counsel of record and unrepresented parties will receive notice if an opinion is to be filed 

in their case on Monday, so they can check the appellate courts' website at the designated 

time. 

The official publication of the Court of Appeals, for the purpose of notice to the public 

and the legal profession, is Minnesota Lawyer. Notices may be published elsewhere at 

the discretion of the Chief Judge. 

After release, the panel may make clerical changes in an opinion at any time ex parte. 

Adopted Oct. 25, 1991, e:fl Oct. 25, 1991; amended eff Oct. 7, 2010; amended eff July 18, 2016 
Rule 7. Procedures After Decision 

The Clerk of the Appellate Courts taxes costs and disbursements pursuant to Minn. R. 

Civ. App. P. 139.03. After expiration of the 30-day period to petition for review, the 

Clerk of Appellate Courts will transmit the judgment to the trial court administrator and 

return the trial record. 

Adopted Oct. 25, 1991, eff Oct. 25, 1991 

Rule 8. Motion Procedure 

The form, content, and time periods for motions are prescribed in Minn. R. Civ. App. P. 

127. 

Motions and requests for extraordinary remedies are disposed of by the Chief Judge or by 

a special term panel designated by the Chief Judge. Routine motions, including those 

seeking voluntary dismissal, postponements, or extensions of time to file briefs, are 

disposed of by the Chief Judge. Motions made after submission of a case will be referred 

to the panel to which the case is assigned. 

Adopted Oct. 25, 1991, eff. Oct. 25, 1991; amendedeff. Oct. 7, 2010 

Rule 9. Criminal Appeals 

In all appeals taken under Minn. R. Crim. P. 28, a statement of the case shall be filed as 

prescribed by Minn. R. Civ. App. P. 133.03. 

Adopted Oct. 2 5, I 99 I, ejf Oct. 2 5, I 99 I 

Rule 10. Recusal of Judges 

Court of Appeals judges are subject to the Code of Judicial Conduct adopted by the 

Supreme Court. Counsel may request that a member of the panel assigned to a case 

recuse in accordance with Minn. R. Civ. App. P. 141.02. If a judge recuses, the Chief 

Judge names a replacement to the panel. 

Adopted Oct. 25, 1991, eff Oct. 25, 1991; renumbered Oct. I, 1999; eff. Oct. /, 1999; amended eff. July 18, 2016 

Rule 11. Amicus Briefs 

Where the same attorney or law firm represents a party and a proposed amicus curiae, 

leave to file an additional brief as amicus curiae is not granted unless the amicus brief 

will represent a position not already before the court or unless the interests of justice 

require. 
Adopted Oct. 25, 1991, eff Oct. 25, 1991; renumbered Oct. 1, 1999; eff Oct. 1, 1999 

Rule 12. Remand From the Supreme Court 

When the Supreme Court remands a case to the Court of Appeals, the court may request 

additional briefing, direct that oral arguments be heard, or take other appropriate action. 

Adopted Oct. 25, 1991, eff Oct. 25, 1991; renumbered Oct. 1, 1999; eff Oct. 1, 1999 

Rule 13. Full Court Meeting 

The Chief Judge, subject to the authority of the Chief Justice, exercises general 

administrative authority over the court. All matters passed on by the bench shall be 

considered policy matters to be carried out and implemented by the Chief Judge. 

The judges of the Court of Appeals meet periodically, at the call of the Chief Judge or a 

majority of the judges. 

Adopted Oct. 25, 1991, eff Oct. 25, 1991; renumbered Oct. 1, 1999; eff Oct. 1, 1999; amended eff. Oct. 7, 2010; 

amended eff July 18, 2016 

Rule 14. [Renumbered Rule 13 Oct. 1, 1999, eff. Oct. 1, 1999] 

+APPENDIX 

FORM 

PETITION FOR DECLARATORY JUDGMENT 

[Deleted Oct. 1, 1999, eff. Oct. 1, 1999.]