Minn. R. Civ. App. P. 109.02

As amended through October 28, 2024
Rule 109.02 - Motion for Leave to Proceed In Forma Pauperis in the Court of Appeals

A party who desires to proceed in forma pauperis in the Court of Appeals shall file in the trial court a motion for leave so to proceed, together with an affidavit showing the party's inability to pay fees and costs and a copy of the party's statement of the case as prescribed by Rule 133.03, showing the proposed issues on appeal. Any such motion by a party initiating an appeal shall be filed on or before the date the appeal is commenced. The trial court shall rule on the motion within 14 days after it is filed, unless the Court of Appeals grants additional time. The party shall file a copy of the motion with the clerk of the appellate courts simultaneously with the notice of appeal or the petition that initiates the appeal.

The trial court shall grant the motion if the court finds that the party is indigent and that the appeal is not frivolous. If the motion is denied, the trial court shall state in writing the reasons for the denial. The party shall promptly file a copy of the trial court's order on the motion with the clerk of the appellate courts.

If the trial court grants the motion, the party may proceed in forma pauperis without further application to the Court of Appeals. If a transcript is to be prepared for appeal, the party shall file the certificate as to transcript required by Rule 110.02, subdivision 2(a), within 14 days from the date of the trial court administrator's filing of the order granting leave to proceed in forma pauperis or within 14 days after filing the notice of appeal, whichever is later.

If the trial court denies the motion, the party shall, within 14 days from the date of the trial court administrator's filing of the order, either:

(a) pay the filing fee, post any required cost bond, and file a completed transcript certificate, if a transcript is required; or
(b) serve and file a motion in the Court of Appeals for review of the trial court's order denying in forma pauperis status. The record on the motion shall be limited to the record presented to the trial court.

Minn. R. Civ. App. P. 109.02

Adopted effective 3/1/2001; amended effective 7/1/2016; amended effective 1/1/2020.