Opinion
ADM09-8006
08-06-2019
ORDER REGARDING THE EFFECTIVE DATE FOR AMENDMENTS TO THE RULES OF CIVIL APPELLATE PROCEDURE
In an order filed on June 20, 2019, we adopted amendments to the Rules of Civil Appellate Procedure to calculate time periods and deadlines in the rules by counting all days, including intermediate Saturdays, Sundays, and legal holidays, for most time periods established by the rules. The amendments are effective as of January 1, 2020 to all appeals filed on or after that date. Based on input from the Advisory Committee regarding the application of these amendments to pending appeals, the effective date should in general be extended to appeals pending as of January 1, 2020.
Minnesota Rule of Civil Procedure 86.01(b) provides in part that rule amendments generally apply to "all further proceedings in actions then pending, except as to the extent that in the opinion of the court their application in a particular action pending when the amendments take effect would not be feasible, or would work injustice." For consistency with the effective date for similar amendments to the Rules of Civil Procedure for calculating time periods, the direction in Minn. R. Civ. P. 86.01(b) should govern the effective date for the amendments to the Rules of Civil Appellate Procedure.
Based on all of the files, records, and proceedings herein,
IT IS HEREBY ORDERED that, consistent with Minn. R. Civ. P. 86.01(b), the amendments to the Rules of Civil Appellate Procedure, as adopted by order filed on June 20, 2019, shall apply to all further proceedings in appeals pending on, or filed on or after, January 1, 2020, unless the appellate court finds that the application of the rules as amended in a particular appeal pending on the effective date is not feasible or would work an injustice, in which case the former procedure will apply.
Dated: August 6, 2019
BY THE COURT
/s/
Lorie S. Gildea
Chief Justice