Statutes, codes, and regulations
Minnesota Court Rules
Minnesota Rules of Civil Appellate ProcedureTitle II - Appeals from Judgments and Orders
Rule 108 - Stays Pending Appeal; Security
Rule 108.01 - Effect of Appeal on Proceedings in Trial Court

Minn. R. Civ. App. P. 108.01

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As amended through October 28, 2024
Rule 108.01 - Effect of Appeal on Proceedings in Trial Court
Subdivision 1. Generally No Stay of Enforcement of Judgment or Order on Appeal.

Except as otherwise provided by rule or statute, an appeal from a judgment or order does not stay enforcement of the judgment or order in the trial court unless that court orders relief in accordance with Rule 108.02.

Subd. 2. Suspension of Trial Court's Authority to Make Orders Affecting Judgment or Order on Appeal. Except in appeals under Rule 103.03(b), the filing of a timely and proper appeal suspends the trial court's authority to make any order that affects the order or judgment appealed from, although the trial court retains jurisdiction as to matters independent of, supplemental to, or collateral to the order or judgment appealed from.

Minn. R. Civ. App. P. 108.01

Amended effective 1/1/2010.
Advisory Committee Comment-2009 Amendments
Rule 108.01 is a new rule, but it is not intended to create new law. Its provisions are drawn from existing Rule 108.01, subdivision 1, and codify long-standing common law. Neither the filing of an appeal nor the posting of a cost bond required by Rule 107 stays the order or judgment appealed from. See, e.g., Anderson v. Anderson, 288 Minn. 514, 517, 179 N.W.2d 718, 721 (Minn. 1970) (stay available only upon filing of supersedeas bond, not cost bond). An appeal divests the trial court of jurisdiction over the matters appealed but only over matters necessarily involved in the order or judgment appealed from. See Spaeth v. City of Plymouth, 344 N.W.2d 815, 824 (Minn. 1984); State v. Barnes, 249 Minn. 301, 302-03, 81 N.W.2d 864, 866 (1957). The trial court retains jurisdiction over matters collateral to or supplemental to the order or judgment. See, e.g., Kellar v. Von Holtum, 605 N.W.2d 696, 700 (Minn. 2000) (trial court retained jurisdiction over motions for attorney fees and costs after appeal was perfected); Phillips-Klein Cos. v. Tiffany P'ship, 474 N.W.2d 370, 372 (Minn. App. 1991).