Legal Question in Appeals and Writs in Minnesota

Re: Appeal process

A brief is the written argument submitted to the court. Most courts, including Minnesota's courts, require a brief to meet specific formal requirements, such as a minimum of 13 point font, and has binding, filing, and service requirements.

The process is that the appellant submits a brief, then the respondent files a brief, and the appellant then gets to reply. Typically, the next step after all briefs are submitted is either oral argument is held or else the judicial panel meets and decides the case if no oral argument is requested or permitted.

Appeals should rarely be done without representation, and a party that does proceed without an attorney is not have an oral argument.

NOTE: Nothing in this answer should be construed as legal advice and is not intended to create an attorney-client relationship. No attorney-client relationship is intended unless and until a retainer agreement is signed by both parties.

Re: Appeal process

A brief is a legal argument that is put into a specific format as required by the Minnesota Rules of Appellate Court. It includes facts about the case, the legal issued being raised and arguments that cite case law and legal precedent.

A brief is filed by the appellant within thirty (30) days after a transcript is provided to the Court of Appeals. The responding party's brief is usuallly due within 30 days after that. If requested, an oral argument is heard within 60 to 90 days in most cases, before a three Judge panel from the Court of Appeals.