One consideration in deciding whether to appeal is how long it will take to obtain a decision from the appellate court. Luckily, most appeals in Minnesota follow a fairly predictable timeline, so it is possible to plan ahead.
Ordering Transcripts
The first step after filing a notice of appeal is to order transcripts of the trial or hearings at issue. The appellant must order the transcripts within 14 days of filing the notice of appeal. Then, within 14 days of the date the transcript is ordered, the court reporter must submit to the court an estimated completion date for the transcripts, which cannot exceed 60 days.
Briefing
After the transcripts are filed, the appellant has 30 days to file its brief. The respondent must file its brief within 30 days of the appellant. The appellant then has 14 days to file a reply.
Oral Argument and Decision
The case is then scheduled for oral argument. The court of appeals will render its decision within 90 days of oral argument.
Supreme Court Review
A party may petition for Supreme Court review within 30 days of the Court of Appeals decision. The other party may file a response within 21 days. The Supreme Court generally decides whether to grant the petition for review about a month after the response to the petition is filed. If the Supreme Court grants review, the parties file briefs with the same deadlines that applied at the Court of Appeals. However, there is no limit on how long it may take the Supreme Court to decide a case after oral argument.
Taken together, these deadlines mean that a typical appeal to the Minnesota Court of Appeals can easily take over six months from the filing of the notice of appeal to a decision. If the case goes to the Supreme Court, it will take significantly longer. Parties should be aware of these timelines when deciding whether to appeal.
If you have questions about a possible appeal, please contact Michelle Kuhl and Kay Hunt. Michelle Kuhl can be reached at 612.336.9328 or mkuhl@lommen.com. Kay Hunt can be reached at 612.336.9341 or kay@lommen.com.
