Promulgation of Amendment to Rule 29.04, Subdivisions 1, 5, and 6, Rules of Criminal Procedure.

Promulgation of Amendment to Rule 29.04, Subdivisions 1, 5, and 6, Rules of Criminal Procedure. C1-84-2137, Supreme Court Order, December 4, 2003.

STATE OF MINNESOTA

IN SUPREME COURT

C1-84-2137

 

 

Promulgation of Amendment to Rule 29.04,

Subdivisions 1, 5, and 6, Rules of Criminal Procedure

 

 

A M E N D E D  O R D E R

 

            The court deems it advisable to amend Rule 29.04, subdivisions 1, 5 and 6 of the Rules of Criminal Procedure to reduce the number of copies of petitions for further review and responses thereto required for filing.  This reduction will provide efficiency and cost savings to litigants while providing sufficient copies for the court's review.   

            The court being fully advised in the premises,

            IT IS HEREBY ORDERED that Rule 29.04 of the Rules of Criminal Procedure is amended to read as follows:

Subd. 1. Service and Filing.   A party petitioning for review to the Supreme Court from the Court of Appeals shall file ninefour copies of a petition for review with the clerk of the appellate courts together with proof of service on adverse counsel and, when the petitioning party is not the attorney general, also proof of service on the attorney general for the State of Minnesota.  A bond shall not be required of a defendant as a condition of petitioning for review.  Failure of a party to take any other step than timely filing the petition for review does not affect the validity of the appeal, but is ground only for such action as the Supreme Court deems appropriate including dismissal of the appeal.

* * * *

Subd. 5. Response to Petition.   When a petition for review has been filed, the opposing party shall file ninefour copies of any response to the petition, not to exceed 10 pages exclusive of the appendix, with the clerk of the appellate courts together with proof of service on appellant within 20 days after service of the petition upon respondent.  Failure to respond to the petition shall not be considered as agreement with the petition.

 Subd. 6. Cross-Petition by Respondent.   A respondent cross-petitioning for review to the Supreme Court shall file ninefour copies of a cross-petition for review, not to exceed 10 pages exclusive of the appendix, with the clerk of the appellate courts together with proof of service on appellant within 20 days after service of the petition for review on respondent or within 30 days after filing of the decision of the Court of Appeals, whichever is later.  The cross-petition shall conform to the requirements of Rule 29.04, subd. 3, except that the procedural history, statement of facts, and appendix need not be included unless respondent is dissatisfied with them as they appear in the petition for review.

The court may permit a respondent, without filing a cross-appeal, to defend a decision or judgment on any ground that the law and record permit that would not expand the relief that has been granted to the respondent.

IT IS FURTHER ORDERED that this amendment shall be effective upon filing.

Dated:  December 2, 2003

                                                                                    BY THE COURT:

 

    /s/                                                          

                                                                                    Kathleen A. Blatz

                                                                                    Chief Justice