Mn Judicial Branch Logo
Find Court
    
   

Home > Appellate Courts > Court of Appeals > Court of Appeals Self-Help Center >

Filing an Appeal in a Civil Case- FAQs

What does "filing an appeal" mean?

What does "Service of the Notice of Appeal on the Adverse Party" mean?

How do I file and serve the notice of appeal?

What is the Statement of the Case?

What is a certified copy of the order or judgment?

What is proof of service?

How much does it cost to file the appeal?

Are the parties called the same thing on appeal as in the district court proceedings?

How will I know that my appeal has been received and filed?

What does "filing an appeal" mean?

The term "filing an appeal" is often used to refer to the acts and documents needed to start the appeal process, but more than filing is actually required.  Giving your appeal papers to the Clerk of the Appellate Courts is not enough to start the appeal, in most cases.

In civil cases, the Minnesota Rules of Civil Appellate Procedure (abbreviated as "Minn. R. Civ. App. P.") describe the documents that you must file with the Clerk of the Appellate Courts, file in the district court, and serve on the other parties to start your appeal.  See Minn. R. Civ. App. P. 103.01 in particular.

Time to Appeal- The Court cannot extend the time to serve and file the appeal papers in a civil case, so you must be sure to do all of this before your time expires, or your appeal will be dismissed.

Clerk of the Appellate Courts:  You must file two copies of a notice of appeal, a certified copy of the judgment or order, two copies of the statement of the case, and a filing fee of $550.

Other parties to the appeal:  You must serve the notice of appeal and statement of the case on the adverse party or parties within the time limits for an appeal.  See Minn. R. Civ. App. P. 103.01, subd. 1).

District court:  You must file a copy of the notice of appeal and the cost bond with the district court administrator.

You, or your attorney if you have one, must sign the notice of appeal.  A person who is not an attorney cannot sign or file an appeal on behalf of someone else, except his or her own child.  The name, address, and telephone number of the person who signed the notice of appeal must be included.  You must also state on the notice of appeal the names, addresses, and telephone numbers of the attorneys for the other parties to the case, or, if they do not have attorneys, the same information for all of the other parties to the appeal.

Notice of Appeal form- Microsoft Word or PDF format

What does "Service of the Notice of Appeal on the Adverse Party" mean?

An "adverse party" is your opponent in the case, and the "respondent" in the appeal.  An adverse party is a person or entity (such as a business or corporation) that was involved in the district court or agency proceeding and would be affected or harmed if the Court of Appeals reverses or modifies the order or judgment being appealed.

"Service" of a document means providing a copy of it to the party.  If the party is represented by an attorney, then you must serve the document on the party's attorney.

Minn. R. Civ. App. P. 125.02. All documents filed with the court of appeals must be served on the adverse parties at or before the time of filing and you must provide proof of service for every document.

Service may be made by a courier or by United States mail.  If the parties agree, service may be made by facsimile transmission (fax).  Under Minn. R. Civ. App. P. 125.03, service by United States mail is complete on mailing. That means that you can mail papers on the last day, and they will be considered done on time, so long as you use the correct address and postage.

A party to the appeal may not serve papers in person on a respondent who does not have an attorney.  Someone else must deliver the papers for you and complete the proof of service.  If a respondent has an attorney, you may personally serve the attorney.

How do I file and serve the notice of appeal?

You may file the notice of appeal or any other document in the appeal either by personal delivery to the office of the Clerk of the Appellate Courts or by United States mail:

Clerk of the Appellate Courts
305 Minnesota Judicial Center
25 Rev. Dr. Martin Luther King, Jr., Blvd.
St. Paul, MN 55155

Minn. R. Civ. App. P. 125.01. Filing by facsimile transmission (fax) is not permitted. If you file documents by mail, in most cases the filing will be considered timely if the papers were deposited in the mail by the deadline, even though they are not received by the clerk's office for another day or two.

If you mail the notice of appeal on the last day of the appeal period, you must be sure to use the correct address and postage.  And be sure that you mail the papers in time for the last pick-up, so the envelope containing the notice of appeal is postmarked to show the correct date of mailing.  You must file the original, signed notice of appeal and statement of the case (not copies) with the Clerk of the Appellate Courts.

You must file all documents relating to your appeal with the Clerk of the Appellate Courts.  You cannot file papers by sending them directly to the judges of the Court.  You must serve a copy of every document that you file with the Clerk of the Appellate courts on all the other parties to the appeal.  Likewise, if another party files a document, they must serve a copy of it on you.

Minn. R. Civ. App. P. 125.04. Proof of service is required for every document filed with the clerk of the appellate courts.

What is the Statement of the Case?

The purpose of the statement of the case is to provide the Clerk of the Appellate Courts and the Court of Appeals with basic information about the case, the types of issues you will be raising, the record on appeal, and briefing.

Under the "jurisdictional statement" section of the statement of the case, you must answer a series of questions that will help the Court decide whether your appeal is taken from an appealable order or judgment and, if so, whether the appeal is timely.  See also Appealable Orders and Judgments and Time to Appeal.

The statement of the case form requires you to briefly describe what happened in the district court proceeding from which you are appealing and list specific issues that you intend to raise on appeal.  You are not expected to describe in detail the district court or agency proceedings or your proposed issues.  You will have a chance later, when filing your brief, to set out your arguments in more detail.

Another important section in the statement of the case is called "contents of record." In this section, you will tell the court and the other parties to the appeal whether a transcript (a typed version of the testimony and arguments given in the district court) is needed, or whether the papers filed in the district court, without a transcript, will be the record on appeal.

The statement of the case form also asks you to indicate whether oral argument is requested. In some cases, after the parties have filed their written briefs, the attorneys for the parties will present oral arguments to the three-judge panel deciding the case. If you are not represented by an attorney, the case will be decided on the written briefs and the record only, and no party will be allowed oral argument.

The statement of the case form requires you to state whether your written argument will be in the form of a formal brief, an informal brief, or a short letter argument supplementing a memorandum that you submitted to the district court.  If you did not submit written arguments in the district court, the third option is not available.

Statement of the Case Form- Microsoft Word or PDF format 

What is a certified copy of the order or judgment?

You probably already have a plain copy of the order or judgment you want to appeal, but you may not have a certified copy.  A certified copy includes the stamp or seal of the court administrator, along with a written confirmation that it is a true and correct copy of the original document.  If you don't have a certified copy, you can obtain one from the administrator of the district court in which the judgment or order appealed from was entered or filed.  There is usually a charge for certified copies.

What is proof of service?

"Proof of service" is usually an affidavit of service by the person who mails or delivers the documents, although it can be a written admission by the person who was served. See Minn. R. Civ. App. P. 125.04.

The person who served the document in person or by mail must complete the affidavit of service, which must include a description of the documents that were served, the date of service, the method of service (by mail or in person), the name of the person who was served, and the address to which papers served by mail were sent. The affidavit of service must be signed by the person who served the papers, and it must be notarized.

You must serve both the notice of appeal and the statement of the case on the adverse party's attorney (if the party has an attorney) or on the adverse party (only if the party does not have an attorney).  To prove that you served these documents, your affidavit must describe the documents you served, give the date of service, state whether the service was personal or by mail, and include the name and address of the person served. The affidavit must be notarized.

Notary services are available at many financial institutions for a small fee. The Office of the Clerk of the Appellate Courts will notarize an affidavit of service at no charge.

You must also file proof that you filed a copy of the notice of appeal with the administrator of the district court in which the judgment or order appealed from is entered or filed.

How much does it cost to file the appeal?

The filing fee for the appeal is $550.  You are also required to file a cost bond in the amount of $500 or, as an alternative, you may deposit $500 with the district court administrator, instead of purchasing a cost bond.  If you lose the appeal, the winning party can request that you be required to pay the costs of the appeal.  The purpose of the cost bond is to provide security for any costs and that may be awarded to the other parties on appeal.

There are some exceptions to the filing fee and cost bond requirements.  See Minn. R. Civ. App. P. 103.01, subd. 3, 107, subd. 2. If the district court judge finds that the person bringing the appeal is indigent (has income that does not exceed 125 percent of the federal poverty guidelines), he or she can issue an order to waive the filing fee and cost bond.  The procedure for requesting to proceed in forma pauperis on appeal is explained in Minn. R. Civ. App. P. 109.02.  See What if I Can't Afford an Appeal?

Are the parties called the same thing on appeal as in the district court proceedings?

In a civil case in district court, the parties are usually referred to as the "plaintiff" (who starts the case) and "defendant" or sometimes "petitioner" (in family law and some other types of cases) and "respondent."

In an appeal of a district court decision, the person bringing the appeal is referred to as the "appellant."  In an appeal from a decision by a governmental agency or subdivision (a city, county, or school board), the person bringing the appeal is referred to as the "relator."  In all types of appeals, the parties opposing the appeal are called the "respondents."

How will I know that my appeal has been received and filed?

When your appeal papers are received by the Clerk of the Appellate Courts, they are assigned an appellate court file number and placed in an appellate court file.  The appellate court file number is different from the district court file number.  All the papers filed on appeal are placed in the appellate court file, and are available for public inspection, unless there is a rule or statute that limits public access.

The same day that the appeal papers are received and filed, the Clerk of the Appellate Courts sends out a one-page "notice of case filing."  This document tells you that the appeal has been filed and what the file number is.

If you failed to file some document required by the rules, or if the documents are incomplete, the problem will be described on the notice of case filing.  The notice will direct the appealing party to correct any problems within ten days.  Use the appellate court file number on all future documents that you file with the Clerk of the Appellate Courts involving the same appeal.