Minn. R. Civ. App. P. 107

From LegalLanding

Below is Rule 107 of the Minnesota Rules of Civil Appellate Procedure. Rule 107 deals with Bond or Deposit for Costs, and is indexed under TITLE II. APPEALS FROM JUDGMENTS AND ORDERS. .

107.01 When Bond Required

Unless the appellant is exempt by law, a bond shall be executed by, or on behalf of, the appellant. The bond shall be conditioned upon the payment of all costs and disbursements awarded against the appellant on the appeal, not exceeding the penalty of the bond which shall be $500. In lieu of the bond, the appellant may deposit $500 with the trial court administrator as security for the payment.

Prior to filing the notice of appeal, the appellant may move the trial court for an order waiving the bond or setting a lesser amount or deposit. Upon the appellant's filing of the required cost bond or deposit, the respondent may move the trial court for an order requiring a supplemental bond or deposit.

The bond or deposit may be waived by written consent of the respondent, which consent shall be filed with the trial court administrator.

(Amended effective March 1, 2001.)

107.02 When Bond Not Required

No cost bond is required:

(a) in a criminal case; or

(b) in a case arising in juvenile court; or

(c) in a proceeding pursuant to Minnesota Statutes, chapter 253B; or

(d) when the appellant has been authorized to proceed without a cost bond pursuant to Rule 109; or

(e) when the appellant is the state or a governmental subdivision of the state or an officer, employee or agency thereof; or

(f) when the appellant is a party to a public assistance appeal pursuant to Minnesota Statutes, chapter 256; or

(g) when the appellant is a reemployment insurance benefits claimant pursuant to Minnesota Statutes, chapter 268.

(Amended effective March 1, 2001.)

Comment - 1983

A cost bond in the amount of $500 or a stipulation waiving the bond must be filed with the notice of appeal. See Rule 103.01, subdivision 1(d)(6). Rule 107 provides a mechanism for securing, prior to appeal, an order from the trial court waiving the bond or setting a bond in a lesser amount. It also affords the respondent a mechanism for securing a supplemental bond or deposit. Finally, it enumerates the categories of appeals in which a cost bond is not required.

Advisory Committee Comment - 1998 Amendments

Under this rule as revised, the cost bond requirement is not automatically waived when an appeal is filed after a remand. Unless the cost bond from the first appeal remains on deposit, the respondent in the second appeal still needs the protection of a cost bond. Changes in (g) reflect the current terminology.