Statutes, codes, and regulations
Minnesota Court Rules
Minnesota Rules of Civil Appellate ProcedureTitle III - Decisions Reviewable by Certiorari to the Court of Appeals or the Supreme Court
Rule 115 - Court of Appeals Review of Decisions of the Department of Employment and Economic Development and Other Decisions Reviewable by Certiorari and Review of Decisions Appealable Pursuant to the Administrative Procedure Act
Rule 115.03 - Contents of the Petition and Writ; Filing and Service

Minn. R. Civ. App. P. 115.03

Download
PDF
As amended through October 28, 2024
Rule 115.03 - Contents of the Petition and Writ; Filing and Service
Subdivision 1. Contents and Form of Petition, Writ and Response. The petition shall definitely and briefly state the decision, judgment, order or proceeding that is sought to be reviewed and the errors that the petitioner claims. A copy of the decision and the statement of the case pursuant to Rule 133.03 shall be filed with the petition. The title and form of the petition and writ shall be as shown in the appendix to these rules. The respondent's statement of the case, if any, shall be filed and served not later than 14 days after service of the petitioner's statement.
Subd. 2. Bond or Security.
(a) No cost bond need be filed unless required upon motion for good cause pursuant to Rule 107.
(b) The agency or body may stay enforcement of the decision in accordance with Rule 108. Application for a supersedeas bond or a stay on other terms must be made in the first instance to the agency or body. Upon motion, the Court of Appeals may review the agency's or body's decision on a stay and the terms of any stay.
Subd. 3. Filing; Fees. The clerk of the appellate courts shall file the original petition and issue the original writ. The petitioner shall pay $550 to the clerk of the appellate courts, unless no fee is required under Rule 103.01, subdivision 3, or by statute.
Subd. 4. Service. The petitioner shall serve a copy of the petition and the writ, if issued, upon the agency or body to which it is directed and upon every party. Proof of service shall be filed with the clerk of the appellate courts within 7 days of service. A copy of the petition and writ shall be provided to the Attorney General, unless the state is neither a party nor the body to which the writ is directed.

Minn. R. Civ. App. P. 115.03

Amended effective 7/1/2014; amended effective 9/1/2019; amended effective 1/1/2020.
Advisory Committee Comment-2009 Amendments
Rule 115.03, subdivision 1, is amended to change the timing for filing a statement of the case by a respondent to 14, rather than 10, days after service of the petitioner's statement of the case. This change makes the respondent's statement of the case due on the same day a notice of related appeal would be due. See Rule 104.01, subdivision 4, as amended.
Advisory Committee Comment-2014 Amendments
Rule 115.03 retains provision for the possibility of a cost bond being required, but in most cases no cost bond will be required because of the amendment to Rule 107 to require a bond only if one is ordered by the trial court. In an exceptional case, the appellate court could view the denial of a motion to require a bond to be an abuse of the trial court's broad discretion and would require a bond.

Advisory Committee Comment-2019 Amendments

Rule 115.03, subd. 1 is amended to make clear that the statement of the case must be filed as a separate document from the copy of the decision being appealed, and that an addendum is not required at this early stage in the case. The issues before the court at the time the statement of the case and decision being appealed are filed are (1) whether there is a final agency decision and (2) whether the appeal is timely. This amendment makes Rule 115.03, subd. 1 consistent with the corresponding provisions in Rules 103.01, 114.02, and 116.03.