TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: September 11, 2013
RE: Proposed Amendments to the Rules of Appellate Procedure
The Clerk of the Supreme Court and her staff have been working for several years to craft amendments to the Rules of Appellate Procedure that would integrate electronic filing into the rules. The recently completed their work and the Supreme Court has referred the package to the committee for review and comment.
Aside from integrating electronic filing, the rules propose a major change in appellate practice: the Notice of Appeal would be filed with the Supreme Court rather than with the District Court. This change is designed to streamline the appellate process and also to discourage parties from filing Notices of Appeal as a litigation or settlement tactic, with no intent to actively prosecute the appeal. As part of this change, parties in appeals of civil cases and post-conviction relief matters would be required to provide the Court with a preliminary statement of issues when they file the Notice of Appeal.
A memo from Petra Hulm, which is attached, further explains the proposed changes to the appellate rules.