Minn. R. Civ. App. P. 134.07

As amended through October 28, 2024

Rule 134.07 - Trial Court Exhibits; Diagrams and Demonstrative Aids

Subdivision 1. Trial Court Exhibits. Counsel planning to use any trial court exhibits during oral argument must arrange before the day of argument with the clerk of appellate courts to have them placed in the courtroom before the court convenes on the date of the hearing.

Subd. 2. Diagrams and Demonstrative Aids. In cases where a plat, diagram, or demonstrative aid will facilitate an understanding of the facts or of the issues involved, counsel shall either:

(a) Provide a copy in the addendum to the brief;

(b) Provide individual copies to opposing counsel and the court before the argument;

(c) If necessary, have in court a plat, diagram, or demonstrative aid of sufficient size and distinctness to be visible to the court and opposing counsel; or

(d) In advance of oral argument make arrangements with the court for the set-up and removal of any video projection or audio playback equipment needed for presentation of trial electronic exhibits or demonstrative aids.

Minn. R. Civ. App. P. 134.07

Amended effective 7/1/2014.

Advisory Committee Comment-2008 Amendments
Rule 134.07is amended to broaden the rule and also to conform it to current court practices. Prior to amendment, Rule 134.07spoke generally of "exhibits," referring either to trial court exhibits or possibly to demonstrative aids. As amended, subdivision 1 addresses trial court exhibits, and states the requirement that counsel seeking to use them in some way in argument must make arrangements for them to be in the courtroom. This is rarely necessary, as exhibits are available to the court and important exhibits are usually reproduced in a party's addendum or appendix. Subdivision 2 is revamped more extensively, to reflect the wider array of materials that might have a role at oral argument. Most importantly, the revised rule provides for what is probably the best way to provide demonstrative exhibits to the court: include them in the addendum or appendix, which makes them available to all judges both before and at argument or, if they are not included in the addendum or appendix, provide copies to the marshal for distribution to the judges or justices and to opposing counsel before the beginning of oral argument. "Blow-ups" of documents are notoriously ineffective at argument, as most typed documents-even if enlarged many times-are still difficult or impossible to read across a courtroom. The rule also makes it clear that in order to present video images or audio recordings at argument, whether for parts of the record or for demonstrative aids, counsel must arrange for the presence and operation of playback equipment. The inclusion of this provision is not to encourage the use of audio or video equipment at argument-it is often more distracting than useful-but there are circumstances where its use may be appropriate. The revised rule makes it clear how it may be used. The court will likely require that any equipment be set up before the first argument of the day or during a break, and removed at the end of the day or during a formal break.
Advisory Committee Comment-2014 Amendments
Rule 134.07 is amended to change a reference to the appendix to refer to the addendum. The use of an appendix as it formerly existed is no longer either required or permitted in any appellate proceedings.