Petition For Writ Of Certiorari - Minnesota Court Of Appeals Page 9
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19Step 7: Calculate the Deadline for your Brief
Your written argument on appeal is called a “brief.” As the relator (appealing party), you must
file a brief, or your appeal will be dismissed. See
Minn. R. Civ. App. P.
142.02.
The deadline for your brief depends on when you were served with an itemized list of the contents
of the record.
General Information about the “Record”
The record is the evidence used in the hearing before the ULJ and, if you asked for a new
hearing in your request for reconsideration, any new evidence accepted at that hearing. The
evidence in the record is the only evidence that the Court of Appeals typically looks at in an
appeal.
If testimony was given at the hearing(s), DEED will prepare a transcript of the audiotape of
the hearing free of charge. A transcript is a typed copy of what all of the parties and the ULJ
said at your hearing.
DEED is required to serve an itemized list of the contents of the record on you and your
former employer. DEED must serve this list on you within 30 days after DEED was served
with the Petition for Writ of Certiorari, or within 14 days after the transcript is delivered to
the Court of Appeals, whichever is later. If you request it, DEED will also send you a copy
of all exhibits in the record, free of charge.
Your brief is due 30 days after DEED serves you with the itemized list of the contents of the
record. If DEED serves the itemized list by mail, then you have 33 days after the date that the list
was mailed to serve and file your brief. See
Minn. R. Civ. App. P. 115.04, subd.
4.
See Step 1 for specific instructions for calculating deadlines.
☐
The itemized list of the contents of the record was served or mailed to me on _____________.
☐
The deadline for my brief is _____________________________.
Revised 12/15/17
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