Minn. R. Civ. App. P. 133.03

As amended through October 28, 2024
Rule 133.03 - Statement of the Case

A statement of the case in the form prescribed by the appellate court shall be filed with any of the following:

(a) a notice of appeal pursuant to Rule 103.01;
(b) a notice of related appeal pursuant to Rule 103.02, subdivision 2;
(c) a petition for declaratory relief pursuant to Rule 114.02; or
(d) the petition for the writ of certiorari pursuant to Rules 115 or 116.

The appellant shall serve the attorney for each party separately represented and each party appearing pro se and shall file proof of service with the clerk of the appellate courts.

Within 14 days after service of the appellant's statement, the respondent may serve on all parties and file with proof of service its statement clarifying or supplementing the appellant's statement. If the respondent agrees with the particulars set forth in the appellant's statement, no additional statement need be filed. If a party desires oral argument, a request must be included in the statement of the case. If a party desires oral argument at a location other than that provided by Rule 134.09, subdivision 2(a) to (e), the location requested shall be included in the statement of the case.

Minn. R. Civ. App. P. 133.03

Amended effective 7/1/2014.
Comment - 1983
Any request for oral argument must be made in the statement of the case.
The former prehearing conference statement has now been replaced by a form entitled "Statement of the Case" as found in the appendix. The appellant must file 2 copies of it with the notice of appeal and 2 copies of the respondent's statement, if any, must be filed within 10 days of service. Any request for oral argument at a location other than that specified in Rule 134.09 must be included in the statement.
See Appendix for form of the statement of the case (Form 133).
Advisory Committee Comment-2009 Amendments
Rule 133.03 is amended to change the timing for filing a statement of the case by a respondent or cross-appellant to 14, rather than 10, days after service of the notice of appeal. This change is intended to create a single response date upon which any notice of related appeal and respondent's statement of the case are due. The rule is also amended to make it clear that the 14-day period is measured from the date of service, not the date of receipt of the notice of appeal.
The rule is also amended to include reference to declaratory relief proceedings, which also require a statement of the case. Because certiorari proceedings under Rules 115 and 116 are commenced by petition, a reference to notices of appeal under those rules is deleted.