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Appeals

IMPORTANT! It is very difficult to appeal a case to the Minnesota Supreme Court or the Court of Appeals. An appeal is NOT a "do over" of the case. Appellate Courts review decisions the trial court judge made about the law, but not questions about the facts. If you are representing yourself in court, we strongly encourage you to talk to a lawyer to get advice on whether an appeal is the best option for you, and on how to write a "brief" and present an oral argument if you plan to represent yourself. Court staff cannot give you any legal advice.

What can be appealed?

Only certain orders and judgments issued in Civil Court can be appealed, and they are listed in Rule 103.03 of the MN Rules of Civil Appellate Procedure. An "Order for Judgment" is not an appealable order under the rules.

If you want to "appeal" a judgment from Conciliation Court, the process is called "removal," and you file forms that ask the court to transfer it up to the District level Civil Court. For more information, read "How to file a removal of a Conciliation Court case to District Court."

When is the deadline to appeal?

The deadline to appeal depends on the type of case. Please read the MN Rules of Court, Civil Appellate Procedure, Rule 104.01 to learn the deadline to appeal for your case type. You can also learn more about the time to appeal at the Court of Appeals website

Do I have to tell the District Court if I decide to file an appeal?

Yes. If you appeal a judgment or order that was issued in the Hennepin County District Court, you must file the following with the Hennepin County District Court:

1. a copy of your Notice of Appeal; AND

2. a "cost bond" of $500 (purchased from an insurance or bonding company) OR a "deposit" of $500 (check or money order). See MN Rule Civil Appellate Procedure 107.01. The cost bond or deposit provides security for the payment of costs that may be awarded to the other parties if the case is affirmed on appeal.

If you cannot afford the bond or deposit, you may file a Court of Appeals IFP / Fee Waiver request with the Hennepin County District Court. The proposed IFP Order for Court of Appeals can only be signed by the District Court judge.

Any amount of the bond or deposit to be returned to the appealing party (appellant) will be determined by the Hennepin County trial judge, who is guided by the terms of the Appellate Court judgment. The appellant must request the refund by sending a proposed order for the release of the appropriate amount to the District Court judge assigned to the case.

File in person: Go to the Civil Intake counter on the Public Service Level (2nd floor) of the Hennepin County Government Center in downtown Minneapolis.
File by mail:
Hennepin County District Court
Attn: Civil Filing
300 South 6th Street, #C-332
Minneapolis, MN 55487-0332
eFile for Attorneys Only: Attorneys must e-file the Notice of Appeal in District Court, and file the cost bond (or waiver) in person or by mail.

What do I do if my case was remanded back to the District Court after an appeal?

If the appeal of your case is complete and it was remanded back to the District Court, you can contact the judge's clerk or Court Administration to find out the next steps in the process.

Related Resources

Court of Appeals Self-Help Center

MN Rules of Civil Appellate Procedure MN Rules of Civil Appellate Procedure and Appendix of Appeals Forms

 

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