Minn. R. Civ. App. P. 121.03
As amended through October 28, 2024
In the event the oral petition is granted, the attorney orally petitioning for a writ shall thereafter immediately transmit to the clerk of the appellate courts a $550 filing fee with a letter specifying:
No filing fee or transmission of documents shall be required in the event the oral petition is denied.
Minn. R. Civ. App. P. 121.03
These two rules have been amended to reflect the judicial restructuring accomplished by the creation of the Court of Appeals. Jurisdiction to issue extraordinary writs directed to trial courts or other lower tribunals, previously existing in the Supreme Court, is vested by these rules in the Court of Appeals. Once the Court of Appeals has acted on an application for an extraordinary writ, review by the Supreme Court is discretionary under Rule 117. Extraordinary relief in the Supreme Court pursuant to these rules relates solely to actions taken by the Court of Appeals in matters other than those arising underRules 120 and 121.
The basic procedures and requirements remain the same in both courts as they were under the prior rules with the exception that the filing fee has been increased. The filing of a petition for extraordinary relief does not automatically stay the proceedings in the lower court.
See Appendix for form of petition for a writ of prohibition (Form 120A),* the order for the writ (Form 120B)*, and the writ of prohibition (Form 120C).*
* Forms 120A, 120B, and 120C deleted effective January 1, 1999.