Minn. R. Civ. App. P. 116.06
As amended through October 28, 2024
If any writ of certiorari is issued improperly or is not served as required by these rules, the party against whom it is issued may have it discharged on motion and affidavit showing the facts and shall be entitled to allowable costs.
Minn. R. Civ. App. P. 116.06
Rule 116 sets out the procedures for securing review by the Supreme Court of decisions of the Workers' Compensation Court of Appeals, decisions of the Tax Court, and other decisions reviewable by certiorari to the Supreme Court. The procedures are similar to those provided by former Rule 115 except that the time limitations set out in the rule have been shortened to conform with the time limitations presently provided in the statute governing review of workers' compensation decisions. The rule cautions that statutes governing review of the various types of decisions reviewable by certiorari may establish different time limitations.
Proof of service of the petition and writ must be filed with the clerk of the appellate courts within 5 days after service. A copy of the petition and the writ must also be provided to the attorney general.
See Appendix for form of the petition for a writ of certiorari (Form 116A) and of the writ of certiorari (Form 116B).
Advisory Committee Comment-2014 Amendments
Rule 116 is amended to clarify its intended operation. The former rule contained requirements that the petition and proposed writ be "presented" to the clerk of appellate courts and "provided to" the Attorney General. For the sake of clarity, the rule replaces "presented to" with "filed with" to align it with other rules requiring filing. Similarly, the process for "providing" something to another party throughout the rules is called "service." Rule 116 now incorporates that customary nomenclature.