Subdivision 1. Written Opinion of the Court of Appeals. (a) The panel deciding the merits of an appeal also determines the form of the written opinion, which may be a precedential opinion, nonprecedential opinion, or order opinion.(b) In determining the written form, the panel may consider all relevant factors, including whether the opinion: (1) establishes a new principle or rule of law or clarifies existing caselaw;(2) decides a novel issue involving a constitutional provision, statute, administrative rule, or rule of court;(3) resolves a significant or recurring legal issue;(4) applies settled principles or controlling precedent;(5) involves an atypical factual record or procedural history;(6) includes an issue pending before the United States Supreme Court or the Minnesota Supreme Court; or(7) warrants a particular form based on the parties' arguments, including, but not limited to, the parties' statements allowed by Rule 128.02, subd. 1(f).(c) Nonprecedential opinions and order opinions are not binding authority except as law of the case, res judicata or collateral estoppel, but nonprecedential opinions may be cited as persuasive authority.Subd. 2. Notice of Opinion. Upon the filing of an opinion which determines the matter, the clerk of the appellate courts shall transmit a copy to the attorneys for the parties, to self-represented parties, and to the trial court. The transmittal shall constitute notice of filing.Minn. R. Civ. App. P. 136.01
Amended effective 6/22/2011; amended effective 8/1/2020.Advisory Committee Comment - 1998 Amendments
This rule is amended to remove any specific form requirements for Court of Appeals decisions. It embodies the different types of opinions issued by the court. The rule removes the prohibition against citation of order opinions in subd. 1(b) and treats both unpublished opinions and order opinions identically in the new subd. 1(b). It permits citation of these opinions in accordance with Minnesota Statutes, section 480A.08, subd. 3 (1996).