July 18, 2016 

### STATE OF MINNESOTA IN COURT OF APPEALS ORmiEOF AnBJAJECcuna 

### ORDER MinnesotaCourtofAppeals SpecialRules of Practice. #ADM10-8010

BASED ON THE FILE, RECORD, AND PROCEEDINGS, AND BECAUSE minor amendments to rules 2, 6, and 10 ofthe Special Rules ofPractice for the Minnesota Court ofAppeals have been approved and adopted by the court. IT IS HEREBY ORDERED amendments to the Special Rules ofPractice for the Minnesota Court ofAppeals are promulgated, effective July 18, 2016. Dated: 

### July 18, 2016

BYTHE COURT

# Edwar~:? ChiefJudge

### SPECIAL RULES OF PRACTICE FOR THE MINNESOTA COURT OF APPEALS Effective Oct. 25, 1991 IncludingAmendments 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 priornotice. The special rules enable lawyers to understand the mechanics ofthe Court's procedure, provide a basis for evaluation and improvement ofthe administration ofthe Court, and promote public understanding ofthejudicial deliberative process. AdoptedOct. 25. /991, effOct. 25, 199/ 

### Rule 

### 1. Scheduling Cases 

### Placement on the calendar is in order offiling, except that cases involving child custody orjuvenile protection will be given priority. Other cases may be expedited by rule, by statute, or by motion, based on a showing ofgood cause. Cases may be scheduled as soon as one responsive briefis filed. Ifa case pending in the Supreme Court will be dispositive ofa 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 ifthey 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, ofany conflicts which will limit their availability for argument, and counsel must continue to file updated notices until the case has been scheduled. The Clerk ofthe 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 ofthe panel members 

### assigned to the case. AdoptedOct. 25, 199/, elfOct. 25, 1991; amendedeffOct. 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. Ifany 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 ofargument is governedbyMinn. 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 otherjudicial districts, as provided in Minn. Stat. §480A.09, subd. 1and 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 ofsuch exhibits) as graphic aids during oral argument. Ifcounsel 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 ofthe 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 ofeasels or other equipment. 

### It is the responsibility ofcounsel to ensurethat any trial exhibitto be used is obtainedpriorto 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 coverproceedings in accordance withrules adoptedbythe Supreme Court. AdoptedOct. 25, 1991, eff. Oct. 25, 1991; amendedelf. Oct. 7, 2010; amendedeff. July 18, 2016 

### Rule 3. Panels Oral and non-oral cases will be assigned to panels ofat least threejudges as set forth in Minn. Stat. §480A.08. One ofthejudges will be named by the ChiefJudge to preside. Ifajudge assigned to the panel does not participate, the ChiefJudge 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 assignspreparation ofthe opinion to a memberofthe panel.AdoptedOct. 25, 1991, effOct. 25, 1991 

### Rule 4. Opinions Opinions state the nature ofthe 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 ofAppeals 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 briefor memorandum is served. Pursuant to Minn. R. Civ. App. P. 136.01, subd. l(a), the panel may decide to issue an order opinion. AdoptedOct. 25, 1991, effOct. 25, 1991 

### Rule 5. Circulation ofOpinions When a draft opinion has been prepared, the authoring judge will circulate it to other members ofthe court for their information and comments. AdoptedOct. 25, 1991, ejfOct. 25, 1991; amendedejfOct. 7, 2010 

### Rule 6. Opinion Issuance Except in extraordinary circumstances, opinions will be filed on Monday ofeach week. Counsel ofrecord and unrepresented parties will receive notice ifan 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 ofthe Court ofAppeals, for the purpose ofnotice to the public and the legal profession, is Minnesota Lawyer. Notices may be published elsewhere at the discretion ofthe ChiefJudge. Afterrelease, the panel may make clerical changes in an opinion at any time ex parte. AdoptedOct. 25, 1991, e:fl Oct. 25, 1991; amendedeffOct. 7, 2010; amendedeffJuly 18, 2016

### Rule 7. Procedures AfterDecision The Clerk ofthe Appellate Courts taxes costs and disbursements pursuant to Minn. R. Civ. App. P. 139.03. After expiration ofthe 30-day period to petition for review, the Clerk ofAppellate Courts will transmit thejudgment to the trial court administrator and return the trial record. AdoptedOct. 25, 1991, effOct. 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 ofby the ChiefJudge orby a special term panel designated by the ChiefJudge. Routine motions, including those seeking voluntary dismissal, postponements, or extensions of time to file briefs, are disposed ofby the ChiefJudge. Motions made after submission ofa case will be referred to the panel towhich the case is assigned. AdoptedOct. 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 ofthe case shall be filed as prescribed byMinn. R. Civ. App. P. 133.03. AdoptedOct. 25, I99I, ejfOct. 25, I 99 I 

### Rule 10. Recusal ofJudges 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. Ifa judge recuses, the Chief Judge names a replacement to the panel. AdoptedOct. 25, 1991, effOct. 25, 1991; renumberedOct. I, 1999; eff. Oct. /, 1999; amendedeff. 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 ofjustice require.AdoptedOct. 25, 1991, effOct. 25, 1991; renumberedOct. 1, 1999; effOct. 1, 1999 

### Rule 12. Remand From the Supreme Court 

### When the Supreme Court remands a case to the Court ofAppeals, the court may request additional briefing, direct that oral arguments be heard, ortake other appropriate action. AdoptedOct. 25, 1991, effOct. 25, 1991; renumbered Oct. 1, 1999; effOct. 1, 1999 

### Rule 13. Full CourtMeeting 

### 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 implementedbythe ChiefJudge. Thejudges ofthe Court ofAppeals meet periodically, at the call ofthe ChiefJudge or a majority ofthejudges. Adopted Oct. 25, 1991, eff Oct. 25, 1991; renumbered Oct. 1, 1999; eff Oct. 1, 1999; amended eff. Oct. 7, 2010; amendedeffJuly 18, 2016 

### Rule 14. [Renumbered Rule 13 Oct. 1, 1999, eff. Oct. 1, 1999] +APPENDIX FORM PETITION FORDECLARATORYJUDGMENT [Deleted Oct. 1, 1999, eff. Oct. 1, 1999.]