IN SUPREME COURT
No. C4-84-2133
Order Promulgating Amendments to
Rules of Civil Appellate Procedure
WHEREAS, the Supreme Court Advisory Committee on Rules of Civil Appellate Procedure has recommended certain amendments to the Rules of Civil Appellate Procedure; and
WHEREAS, on April 21, 1998, the Supreme Court held a hearing on the proposed amendments; and
WHEREAS, the Supreme Court has reviewed the proposals and is advised in the premises;
NOW, THEREFORE, IT IS HEREBY ORDERED that:
1. The attached amendments to the Rules of Civil Appellate procedure be, and the same hereby are, prescribed and promulgated to be effective on January 1, 1999.
2. The Effective Date of these amendments is January 1, 1999. These amendments shall apply to all actions or proceedings pending on or commenced on or after the Effective Date. As to matters pending on the Effective Date of these rules, the following special rules apply:
a. The time to appeal from appealable orders filed before the Effective Date shall be governed by Rule 104, as amended.
b. As to appeals from judgments entered before the Effective Date of these rules, appeals may be taken within the time permitted by either the old or new version of Rule 104.
c. For appeals of orders filed, or judgments entered, before the Effective Date of these rules and governed by former Rule 104.04 an appeal may be taken within the time permitted by either the old or new version of the rules, including consideration of any tolling effect of former Rule 104.04.
d. As to all matters where post-trial motions as defined in new Rule 104.01, subd. 2, are served and filed but not decided as of the Effective Date, the time to appeal shall be governed by that rule.
3. The inclusion of Advisory Committee comments is made for convenience and does not reflect court approval of the comments made therein.
DATED: July 7, 1998 BY THE COURT:
Kathleen A. Blatz
Chief Justice
Amendments to the Rules of Civil Appellate Procedure
RULE 103. APPEAL