How long do I have to file a notice of appeal in Minnesota?

It depends on what you are appealing. For a judgment, 60 days after its entry. For an appealable order, 60 days after service by any party of written notice of the order's filing, not its entry (Minn. R. Civ. App. P. 104.01, Subd. 1).

Does the Minnesota appeal deadline run from entry or from service?

Both, depending on what you are appealing. A judgment's 60 days runs from its entry. An order's 60 days instead runs from service by any party of written notice that the order was filed, which can be well after the order's own filing date (Minn. R. Civ. App. P. 104.01, Subd. 1).

What motions extend a Minnesota notice-of-appeal deadline?

A timely motion for judgment as a matter of law (Minn. R. Civ. P. 50.02), to amend findings or alter or amend the judgment (Minn. R. Civ. P. 52.02), for a new trial (Minn. R. Civ. P. 59), or for relief under Rule 60 filed within the new-trial motion time tolls the 60 days, which then runs for all parties from service of notice of filing of the order disposing of the last such motion. A notice filed before that motion is decided is premature and of no effect (Minn. R. Civ. App. P. 104.01, Subd. 2-3).

Does filing a Minnesota notice of appeal stop the other side from collecting the judgment?

No, not by itself. Minn. R. Civ. App. P. 108.01, Subdivision 1 states that an appeal does not stay enforcement of the judgment or order in the trial court unless that court orders relief under Rule 108.02, which lets the trial court condition a stay on security it approves.

Is there a mandatory form for a Minnesota notice of appeal?

The Statement of the Case that must be filed with the notice is required to be on Form 133, in the form the appellate court prescribes (Minn. R. Civ. App. P. 133.03). Form 103A, referenced in the Appendix to Rule 103.01 and distributed by the Minnesota Judicial Branch, is available for the notice itself, but Rule 103.01's content requirements, not a specific form, are what make a notice valid.

How is a Minnesota small-claims appeal different from an ordinary notice of appeal?

A conciliation court judgment is not appealed by notice of appeal at all. Either the judgment debtor or creditor aggrieved by an order for judgment entered in conciliation court after a contested trial may remove the case to district court for a trial de novo within 21 days after the conciliation court administrator transmits notice of the judgment, by serving and filing a demand for removal, a good-faith affidavit, and the district-court filing fee (Minn. Gen. R. Prac. 521(a)-(b)).

Minnesota Notice of Appeal

Q: Can a Minnesota court extend the notice-of-appeal deadline?

No. Minn. R. Civ. App. P. 126.02 lets the Court of Appeals extend most other appellate deadlines for good cause, but not the time to file a notice of appeal.

Q: Where do I file a Minnesota notice of appeal?

With the clerk of the appellate courts, not the trial court administrator. You must also serve the notice on the adverse party within the appeal period and, at the same time, file a copy of the notice and proof of its filing with the trial court administrator (Minn. R. Civ. App. P. 103.01, Subd. 1).

Minnesota files the notice with the clerk of the appellate courts rather than the trial court, and its small-claims equivalent is not an appeal at all but a removal to district court for a new trial, open to either the judgment debtor or creditor aggrieved by an order for judgment entered after a contested trial.

Find out where you stand in Minnesota

Where are you in the appeal?

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Introduction

In Minnesota, the deadline to file a notice of appeal depends on what is being appealed: 60 days after entry of a judgment, or 60 days after service by any party of written notice of an appealable order's filing, not the order's entry (Minn. R. Civ. App. P. 104.01, Subd. 1). A timely motion for judgment as a matter of law (Minn. R. Civ. P. 50.02), to amend findings or alter or amend the judgment (Minn. R. Civ. P. 52.02), for a new trial (Minn. R. Civ. P. 59), or for relief under Rule 60 filed within the new-trial motion time tolls the clock: the 60 days then runs for all parties from service of notice of filing of the order disposing of the last such motion, and a notice of appeal filed before that motion is decided is premature and of no effect (Minn. R. Civ. App. P. 104.01, Subd. 2-3). The deadline is generally not extendable: Minn. R. Civ. App. P. 126.02 lets the Court of Appeals extend most other appellate deadlines for good cause, but not the time to file the notice of appeal. Unlike most states, the notice is filed with the clerk of the appellate courts, not the trial court administrator; the appellant must also serve the adverse party within the appeal period and, at the same time, file a copy of the notice and proof of its filing with the trial court administrator (Minn. R. Civ. App. P. 103.01, Subd. 1). A Statement of the Case on Form 133 must be filed with the notice, not later, as Rule 133.03 requires. Filing costs $550, payable to the clerk of the appellate courts (confirm the current fee with the clerk), and no cost bond is required unless the trial court orders one for good cause (Minn. R. Civ. App. P. 107.01). Filing the notice does not by itself stop the other side from collecting on the judgment; a party must move first in the trial court for a stay, which the trial court may condition on security it approves (Minn. R. Civ. App. P. 108.01-.02). The appeal goes to the Minnesota Court of Appeals and reviews the trial record for legal error; it is not a new trial. Conciliation court (small claims) judgments follow a different route, described below. This page covers a civil appeal from a district court judgment or order. Criminal, administrative-agency, federal, and interlocutory appeals follow different procedures and are not covered here. Attorney review is available before you file.

Key Things to Know

1
The notice of appeal is due 60 days after entry of a judgment, or 60 days after service by any party of written notice of an appealable order's filing, not its entry (Minn. R. Civ. App. P. 104.01, Subd. 1). A timely motion for judgment as a matter of law (Minn. R. Civ. P. 50.02), to amend findings or alter or amend the judgment (Minn. R. Civ. P. 52.02), for a new trial (Minn. R. Civ. P. 59), or for relief under Rule 60 filed within the new-trial motion time tolls the clock: the 60 days then runs for all parties from service of notice of filing of the order disposing of the last such motion (Minn. R. Civ. App. P. 104.01, Subd. 2-3). A notice of appeal filed before that motion is decided is premature and of no effect.
2
The deadline is generally not extendable. Minn. R. Civ. App. P. 126.02 lets the Court of Appeals extend most other appellate deadlines for good cause, but not the time to file the notice of appeal.
3
File the notice with the clerk of the appellate courts, not the trial court administrator, and serve it on the adverse party within the appeal period. At the same time, file a copy of the notice and proof of that filing with the trial court administrator (Minn. R. Civ. App. P. 103.01, Subd. 1).
4
The appeal goes to the Minnesota Court of Appeals, with further review available only by petition to the Minnesota Supreme Court. Conciliation court (small claims) judgments are not appealed to the Court of Appeals at all; see the removal process below.
5
A Statement of the Case, on Form 133, must be filed at the same time as the notice of appeal, not later, and served on the attorney for each party and each pro se party (Minn. R. Civ. App. P. 133.03).
6
Filing costs $550, payable to the clerk of the appellate courts (confirm the current fee with the clerk), and no cost bond is required unless the trial court orders one for good cause (Minn. R. Civ. App. P. 103.01, Subd. 1; 107.01). Filing the notice does not stay enforcement of the judgment; a party must move first in the trial court for a stay, which the trial court may condition on security it approves (Minn. R. Civ. App. P. 108.01-.02).
7
A conciliation court judgment is not appealed by notice of appeal at all. Either the judgment debtor or creditor aggrieved by an order for judgment entered in conciliation court after a contested trial may remove the case to district court for a trial de novo within 21 days after the conciliation court administrator transmits notice of the judgment, by serving and filing a demand for removal, a good-faith affidavit, and the district-court filing fee (Minn. Gen. R. Prac. 521(a)-(b)).

Key decisions before you file

Before you file a Notice of Appeal in Minnesota, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

Open the Notice of Appeal guide

Customize your Notice of Appeal Template with DocDraft

STATE OF MINNESOTA IN COURT OF APPEALS

[PLAINTIFF NAME], Plaintiff,

v. Trial Court File No. [COURT FILE NUMBER]

[DEFENDANT NAME], Defendant.

NOTICE OF APPEAL

TO: THE CLERK OF THE APPELLATE COURTS AND TO [NAME OF ADVERSE PARTY OR COUNSEL]:

PLEASE TAKE NOTICE that [APPELLANT NAME], [PLAINTIFF OR DEFENDANT] in the above-entitled action, appeals to the Minnesota Court of Appeals from the [JUDGMENT OR APPEALABLE ORDER, AND DESCRIPTION OF THE PART APPEALED FROM] entered or filed in this action in the [COUNTY] County District Court, [JUDICIAL DISTRICT] Judicial District, on [DATE OF ENTRY, FOR A JUDGMENT, OR DATE OF FILING, FOR AN ORDER].

This notice is filed within 60 days after [ENTRY OF THE JUDGMENT, SERVICE OF WRITTEN NOTICE OF THE ORDER'S FILING, OR SERVICE OF NOTICE OF FILING OF THE ORDER DISPOSING OF THE LAST TIMELY POST-TRIAL MOTION], as Minnesota Rule of Civil Appellate Procedure 104.01 allows.

OPPOSING COUNSEL

The name, address, and telephone number of counsel for the adverse party or parties, and the parties each represents, as Minnesota Rule of Civil Appellate Procedure 103.01, Subdivision 1 requires this notice to state: [NAME, ADDRESS, AND TELEPHONE NUMBER OF OPPOSING COUNSEL, AND THE PARTIES REPRESENTED]

A copy of the judgment or order appealed from is filed with this notice. A copy of this notice, with proof of its filing, is being filed with the trial court administrator, and proof of service on the adverse party is filed with the clerk of the appellate courts, as Rule 103.01, Subdivision 1 requires.

A Statement of the Case, on Form 133, is being filed with this notice, as Minnesota Rule of Civil Appellate Procedure 133.03 requires.

[IF APPLICABLE: Appellant applies to proceed in forma pauperis under Minnesota Rule of Civil Appellate Procedure 109.01 and has filed with the trial court an affidavit of inability to pay and a copy of the Statement of the Case.]

Appellant understands that filing this notice does not by itself stay enforcement of the judgment or order, and that a stay must be sought first in the trial court under Minnesota Rule of Civil Appellate Procedure 108.02.

Dated: [DATE]

                                    [SIGNATURE]
                                    [NAME OF APPELLANT OR ATTORNEY]
                                    [ADDRESS]
                                    [CITY, STATE, ZIP]
                                    [PHONE] [EMAIL]
                                    [ATTORNEY REGISTRATION NUMBER, IF AN ATTORNEY]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], I served a copy of this Notice of Appeal on [NAME OF ADVERSE PARTY OR COUNSEL] by [METHOD OF SERVICE].

[SIGNATURE] [NAME]

Minnesota Requirements for Notice of Appeal

60-Day Deadline With Two Different Triggers
A judgment must be appealed within 60 days after its entry; an appealable order must be appealed within 60 days after service by any party of written notice of the order's filing, not its entry (Minn. R. Civ. App. P. 104.01, Subd. 1).
Post-Trial Motions Toll the Clock for All Parties
A timely motion under Minn. R. Civ. P. 50.02, 52.02, or 59, or a Rule 60 motion filed within the new-trial motion time, tolls the 60 days, which then runs for all parties from service of notice of filing of the order disposing of the last such motion; a notice filed earlier is premature and of no effect (Minn. R. Civ. App. P. 104.01, Subd. 2-3).
Deadline Generally Cannot Be Extended
Minn. R. Civ. App. P. 126.02 lets the Court of Appeals extend most other appellate deadlines for good cause, but not the time to file the notice of appeal.
Filed With the Clerk of the Appellate Courts
The notice is filed with the clerk of the appellate courts, not the trial court administrator, and served on the adverse party within the appeal period; a copy and proof of that filing must also go to the trial court administrator (Minn. R. Civ. App. P. 103.01, Subd. 1).
Required Contents of the Notice
The notice must state the judgment or order appealed from and the names, addresses, and telephone numbers of opposing counsel, indicating the parties represented (Minn. R. Civ. App. P. 103.01, Subd. 1). Form 103A, referenced in the rule's Appendix and distributed by the Minnesota Judicial Branch, is available for the notice.
Statement of the Case Filed With the Notice
A Statement of the Case on Form 133, the form the appellate court prescribes, must be filed at the same time as the notice of appeal, not later, and served on every other party (Minn. R. Civ. App. P. 133.03).
$550 Filing Fee, No Cost Bond Required
Filing costs $550, payable to the clerk of the appellate courts (confirm the current fee with the clerk); no cost bond is required unless the trial court orders one for good cause (Minn. R. Civ. App. P. 103.01, Subd. 1; 107.01).
Filing Does Not Stay Enforcement
An appeal does not stay enforcement of the judgment or order in the trial court unless that court orders relief; a party must move first in the trial court, which may condition a stay on security it approves (Minn. R. Civ. App. P. 108.01-.02).
Small-Claims Removal Is a Trial De Novo
An order for judgment entered in conciliation court after a contested trial is removed, not appealed, to district court for a trial de novo within 21 days after the conciliation court administrator transmits notice of the judgment, available to either an aggrieved judgment debtor or creditor, by serving and filing a demand for removal, a good-faith affidavit, and the district-court filing fee (Minn. Gen. R. Prac. 521(a)-(b)).

Find out where you stand in Minnesota

Introduction

Key Things to Know

Key decisions before you file

Customize your Notice of Appeal Template with DocDraft

Minnesota Requirements for Notice of Appeal

60-Day Deadline With Two Different Triggers

Post-Trial Motions Toll the Clock for All Parties

Deadline Generally Cannot Be Extended

Filed With the Clerk of the Appellate Courts

Required Contents of the Notice

Statement of the Case Filed With the Notice

$550 Filing Fee, No Cost Bond Required

Filing Does Not Stay Enforcement

Small-Claims Removal Is a Trial De Novo

Frequently Asked Questions