The Appellate Process - For Attorneys - M. Sue Wilson Law Offices, P.A. - Shaping Minnesota Family Law and Policy

The Minnesota Court of Appeals is the state's intermediate appellate court, between the lower courts and the Minnesota Supreme Court. Minnesota's Court of Appeals is comprised of 16 judges who review all final decisions of trial courts, state agencies, and local governments in a three judge panel.

In appellate cases, no new evidence or testimony are offered – rather, the Court is simply reviewing the legal decisions and procedures of the lower District Court to determine whether a legal error has occurred. The Court of Appeals generally hears appeals dealing with legal errors, allowing the Minnesota Supreme Court to focus time and energy on resolving constitutional or policy cases.

Court of Appeals' Decisions

Court of Appeals' decisions are the final ruling in about 95 percent of the 2,000 or so appeals filed every year. Generally, about five percent of the court's decisions are accepted by the Minnesota Supreme Court for further review.

The Court reviews appeals in a timely manner. By law, the Court must issue a decision within 90 days after oral arguments. If no oral argument is held, a decision is due within 90 days of the case's scheduled conference date, the shortest imposed deadline on any appellate court in the country. The Court expedites decisions on child custody cases, mental health commitments, and other matters in which the parties request accelerated response.

What Does it Mean to Appeal?

There is an automatic right to appeal a trial court decision to the Minnesota Court of Appeals.
Appeals may be filed after a judgment in the trial courts of Minnesota.
An appeal is an attempt to change the decision made by the trial court or by the administrative agency.
Appealing a case is not re-trying it. Appeal courts focus on legal errors made during the trial, not on rehearing the facts of the case. This is not a new trial or new hearing.
To appeal a legal or procedural error made during the trial or hearing, the issue usually must have been raised in the trial court or before the administrative agency.

What Steps are Involved in an Appeal?

The Minnesota Court of Appeals follows established rules and procedures. Before a case can be appealed, a final decision must have been issued by the trial court or administrative agency.

What is a Brief?

In most circumstances, a brief must be filed. A brief explains in writing why the case is being appealed. The brief includes facts appearing in the lower court's record, plus any law – statutes, court decisions, or regulations – that may apply.

What Happens During Appeal Hearings?

Once briefs are filed by both sides, the case will be placed on the court's calendar and a date will be set for a hearing.
The court provides the parties the opportunity to conduct oral argument if the parties request it. Sometimes the parties decide oral argument is not necessary and the case is decided based on their written briefs submitted to the court.
If oral argument is requested, the court has rules which must be followed.

REMEMBER:

There is no jury in appellate cases. A panel of three judges will listen to both sides, review the records and briefs, and make a decision.
Witnesses are not presented.
In most cases, the attorneys will be given 15 minutes to explain the case and make their argument. The appellant's attorney may use five minutes to rebut the other party's presentation.
An appellate judge usually asks questions during the attorneys' presentations.

To Find Out About a Decision and What it Means:

The judges who hear the case prepare a written decision. The written decision is mailed to the attorneys and released to the media via the court's website ( www.courts.state.mn.us ).
One party is either granted what was requested, or the case is sent back (remanded) to the trial court or administrative agency for a new hearing or new finding.
The other party may consider other alternatives available to them. One option is to ask the Minnesota Supreme Court to review the case.

How Does a Case Get to the Court of Appeals?

The appellant files an appeal after the District Court judgment
The District Court forwards files to the Court of Appeals
The appellant and respondent file briefs
A three-judge panel hears oral arguments
The Court of Appeals issues opinion
The parties may petition Supreme Court for further review

Find out how M. Sue Wilson Law Offices, P.A. can help you and your client with appellate cases.

Find out more about the appellate process in Minnesota:

Guide to Oral Arguments (PDF)
Court of Appeals Opinions
Court of Appeals Calendar
Minnesota State Appellate Courts Opinion Archive
Minnesota Rules of Civil Appellate Procedure