The New Appellate Rules : Tricks and Traps

Here are some things to know about the new Minnesota appellate rules that went into effect July 1.

1. No certified copy of the judgment or order you are appealing is required with the notice of appeal.  (But an uncertified copy must be included.)
2.  You need to file a paper copy of your notice of appeal along with the (uncertified!) order or judgment attached.  But you can serve the other side electronically and file a copy with the district court that way.  (May be easier.)
3. There will be no appendix.  (But longer addenda!)  Without an appendix, it will be important for the Court to be able to find what you are citing in the record.  To make that easier, the district courts are now assigning unique numbers to document entries in the case register (as in the federal courts.)   So instead of citing to Affidavit of Mary Roe filed on March 18, 2014 at page x, you will be able to cite to a document entry number, for example, Doc. ID # Y at page x.  This will be shorter and more precise, especially since Mary Roe may have filed more than one affidavit!)  So watch for the numbered document entries and use them in citing.  (The Court issued a notice letting everyone know that the document numbers will be available and that litigants should use them, in addition to citing the more conventional way under appellate rule 128.03, until an order is issued or the rules are amended.  Watch for further developments.)
4. You can go one step further to make it easy for the Court to find your material.  Consecutively paginate all pages in each filing.  So, for example, paginate every page in Mary Roe’s filing from beginning to end, including her affidavit and all the exhibits.  That way, to cite to page 4 of exhibit B of Mary’s brilliant affidavit, you will be able to cite to Doc. ID # X at page 14.  The Appellate Rules Advisory Committee has recommended that the rules be changed to require consecutive pagination.  Future committees will address this and the appropriate rules will likely be changed to require consecutive pagination.  But there is nothing to prevent you from doing this now.  And that would be a good idea, especially if you’re anticipating an appeal.