Minn. R. Civ. App. P. 120.02

As amended through October 28, 2024
Rule 120.02 - Submission of Petition; Response to the Petition

The petition shall be served on all parties and filed with the clerk of the appellate courts. In criminal cases, the State Public Defender and the Attorney General for the State of Minnesota shall also be served. If the lower court is a party, it shall be served; in all other cases, it should be notified of the filing of the petition and provided with a copy of the petition and any response. All parties other than the petitioner shall be deemed respondents and may answer jointly or separately within 7 days after the service of the petition. If a respondent does not desire to respond, the clerk of the appellate courts and all parties shall be advised by letter within the 7-day period, but the petition shall not thereby be taken as admitted.

Minn. R. Civ. App. P. 120.02

Amended effective 1/1/2009; amended effective 1/1/2020.
Comment - 1983
See comment following Rule 121.03.
Advisory Committee Comment - 1998
See comment following Rule 120.04.
Advisory Committee Comment--2008 Amendments
Rule 120.02 is amended to add a single requirement for writ practice in criminal cases. The additional requirement of service on the public defender and attorney general is patterned on similar service requirements in the rules of criminal procedure. See, e.g., MINN. R. CRIM. P. 28.04, subd. 2(2)(appeal by prosecutor of pretrial order), subd. 6(1)(appeal of postconviction order), subd. 8(1)(appeal from judgment of acquittal, vacation of judgment after guilty verdict, or from order granting a new trial; Minn. R. Crim. P. 28.02, subd. 4. The requirement for notice in petitions for extraordinary writs is especially appropriate given the short time periods for writ practice. See generally State v. Barrett, 694 N.W.2d 783 (Minn. 2005) (discussing importance of service requirements).