Minn. R. Civ. App. P. 130

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Below is Rule 130 of the Minnesota Rules of Civil Appellate Procedure. Rule 130 deals with The Appendix to the Briefs; Supplemental Record, and is indexed under TITLE VII. GENERAL PROVISIONS.

130.01 Record Not to be Printed; Appellant to File Appendix

Subdivision 1. Record; Portions. The record shall not be printed. The appellant shall prepare and file an appendix to its brief. The appendix shall be separately and consecutively numbered and shall contain the following portions of the record:

(a) the relevant pleadings;

(b) the relevant written motions and orders;

(c) the verdict or the findings of fact, conclusions of law and order for judgment;

(d) the relevant post trial motions and orders;

(e) any memorandum opinions;

(f) if the trial court's instructions are challenged on appeal, the instructions, any portion of the transcript containing a discussion of the instructions and any relevant requests for instructions;

g) any judgments;

(h) the notice of appeal;

(i) if the constitutionality of a statute is challenged, proof of compliance with Rule 144; and

(j) the index to the documents contained in the appendix.

The parties shall have regard for the fact that the entire record is always available to the appellate court for reference or examination and shall not engage in unnecessary reproduction. Any documents included in an addendum to a party’s brief need not be included in the appendix.

Subdivision 2. Statement. If the record includes a statement of the proceedings made pursuant to Rule 110.03 or an agreed statement made pursuant to Rule 110.04, the statement shall be included in the appendix.

(Amended effective January 1, 2009.)

Comment - 1983

This rule no longer requires the inclusion of the trial court's instructions in the appendix unless they are challenged on appeal. In addition, it is now mandatory to provide an index to the documents contained in the appendix.

Advisory Committee Comment - 1998 Amendments

Rule 144 requires notice to be provided to the Attorney General when the constitutionality of a statute is challenged. The amended rule requires the party challenging the constitutionality to include in the appendix proof of compliance with the rule.

130.02 Respondent May File Appendix

If the respondent determines that the appendix filed by the appellant omits any items specified in Rule 130.01, only those omitted items may be included in an appendix to the respondent's brief.

(Amended effective for appeals taken on or after January 1, 1992.)

130.03 Party May File Supplemental Record; Not Taxable Cost

A party may prepare and file a supplemental record, suitably indexed, containing any relevant portion of the record not contained in the appendix. The original pagination of each part of the transcript set out in the supplemental record shall be indicated by placing in brackets the number of the original page at the place where the page begins. If the transcript is abridged, the pages and parts of pages of the transcript omitted shall be clearly indicated following the index and at the place where the omission occurs. A question and its answer may be contained in a single paragraph. The cost of producing the supplemental record shall not be a taxable cost.