Civil Appellate Practice in the Minnesota Court of Appeals

1st Edition - January 1, 1986
Authors: Laura S. Underkuffler, David W. Larson
Language: English
eBook ISBN:
9 7 8 - 1 - 4 8 3 1 - 6 2 0 2 - 7

Civil Appellate Practice in the Minnesota Court of Appeals is a comprehensive practitioner's guide to civil appellate practice and procedure in the Minnesota Court of Appeals.… Read more

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Civil Appellate Practice in the Minnesota Court of Appeals is a comprehensive practitioner's guide to civil appellate practice and procedure in the Minnesota Court of Appeals. Rules, case law, and practical considerations that bear on practice in the Minnesota Court of Appeals are the book's primary concern. Decisions by the Minnesota Supreme Court that bear on practice in the intermediate court, or that are of general applicability, are included as well. The book begins with a brief description of the history and organization of the court of appeals. It then proceeds to take the reader through the various steps encountered in the prosecution of a case through the intermediate appellate court. Areas covered include jurisdiction; the initiation of appellate proceedings, including appealable judgments and orders, the effect of an appeal on remaining trial court proceedings, the procedure for appeal by multiple parties, the scope of review on appeal from a judgment or order, the time within which an appeal must be taken, and the manner in which an appeal must be perfected; the procedure involved in obtaining a writ of mandamus or prohibition; preargument motion practice; the record on appeal; the preparation of briefs and appendixes; oral argument; and postdecision procedures.

1 History of the Court of Appeals2 Organization of the Court of Appeals A. Judges B. Staff C. Clerk of the Appellate Courts D. Location of the Courts and Arguments E. Three-Judge Panels F. Postargument Conference G. Draft Opinions and Circulation H. Computers in the Appellate Court 3 Jurisdiction of the Court of Appeals A. Appeals from Municipal, County, and District Courts B. Review of Agency Action 1. Review of Agency Decision-Making 2. Review of Contested Cases 3. Review of Local Governmental Bodies C. Discretionary Review by the Court of Appeals 1. Writs 2. Discretionary Appeals D. Review by the Supreme Court E. Exceptions to Court of Appeals Jurisdiction4 Initiation of Appellate Proceedings A. Types of Appeal 1. Appeals As of Right 2. Discretionary Appeals B. Effect of Filing a Notice of Appeal C. Appeals by Multiple Parties D. Scope of Review on Appeal from Judgment or Order 1. Judgments 2. Orders E. Timing of Appeal F. Perfecting an Appeal 1. Notice of Appeal 2. Certified Copy of Judgment or Order 3. Statement of the Case 4. Filing Fees 5. Cost Bonds 6. Supersedeas Bonds 7. Transcripts 8. Extensions 5 Writs of Prohibition and Mandamus A. Introduction B. Practical Issues C. Writs of Prohibition D. Mandamus 6 Preargument Motion Practice A. General Provisions B. Particular Preargument Motions 1. Motion for Extension or Limitation of Time 2. Motion for Dismissal of Appeal 3. Motion for Consolidation of Appeals 4. Motion for Additional Security or Reduction Security 5. Motion for Prehearing Conference 6. Motion to Establish a Briefing Schedule 7. Motion for Oral Argument 8. Motion to Appear as Amicus Curiae 7 Record on Appeal A. General Principles B. Methods of Compiling the Appellate Record 1. Transcript of Proceedings 2. Statement of Proceeding 3. Agreed Statement as the Record 4. Correcting or Modifying the Record 5. Transmitting the Record8 Briefs and Appendixes A. Briefs and Appendixes of Parties to the Appeal 1. Briefs Authorized by the Rules 2. Formal versus Informal Briefs 3. Contents of Formal Briefs 4. Requirements for Formal Briefs 5. Requirements for Informal Briefs 6. Requirements for Filing and Serving 7. Multiple-Party Situations 8. Sanctions for Failure to File Briefs B. Briefs of Nonparties (Amicus Curiae) 1. Obtaining Leave to File an Amicus Brief 2. Form and Content of an Amicus Brief 9 Oral Argument A. Allowing Oral Argument 1. Failure to Request Oral Argument 2. Failure to File Timely Brief 3. Waiver of Oral Argument 4. Discretionary Denial of Oral Argument B. Notification of Denial of Oral Argument and Recourse C. Notification of Oral Argument; Postponement D. Place of Argument E. Time of Argument F. Order and Content of Argument G. Nonappearance at Argument H. Use of Exhibits and Graphic Aids at Argument I. Composition of the Panel J. Submission of the Case 10 Decision and Postdecision Procedures A. Decision-Making Process 1. Assignment of Judges 2. Postargument Conference 3. Draft Circulation 4. Issuance of Opinion 5. Abeyance Awaiting Supreme Court Decision B. Postopinion Procedure 1. Entry of Judgment 2. Transmission of Decision 3. Execution 4. Costs and Disbursements 5. Postdecision Recourse for the Losing Party Appendix1. Minnesota Rules of Civil Appellate Procedure 2. Minnesota Rules of Civil Appellate Procedure, Appendix Forms3. Minnesota Court of Appeals Internal Rules Table of Cases Index