Rule 10 — Motions in the Appellate Courts

10.1.  Contents of Motions; Response
(a) Motion. Unless these rules prescribe another
form, a party must apply by motion for an
order or other relief. The motion must:
(1) contain or be accompanied by any matter
specifically required by a rule governing
such a motion;
(2) state with particularity the grounds on
which it is based;
(3) set forth the order or relief sought;
(4) be served and filed with any brief,
affidavit, or other paper filed in support
of the motion; and
(5) in civil cases, except for motions for
rehearing and en banc reconsideration,
contain or be accompanied by a
certificate stating that the filing party
conferred, or made a reasonable attempt
to confer, with all other parties about the
merits of the motion and whether those
parties oppose the motion.
(b) Response. A party may file a response to a
motion at any time before the court rules on
the motion or by any deadline set by the
court.   The court may determine a motion
before a response is filed.
10.2.  Evidence on Motions
A motion need not be verified unless it depends
on the following types of facts, in which case the
motion must be supported by affidavit or other
satisfactory evidence. The types of facts requiring
proof are those that are:
(a) not in the record;
(b) not within the court's knowledge in its official
capacity; and
(c) not within the personal knowledge of the
attorney signing the motion.
10.3.  Determining Motions
(a) Time for Determination. A court should not
hear or determine a motion until 10 days after
the motion was filed, unless:
(1) the motion is to extend time to file a
brief, a petition   for   review,   or   a
petition   for discretionary review;
(2) the motion states that the parties have
conferred and that no party opposes the
motion; or
(3) the motion is an emergency.
(b) Reconsideration. If a motion is determined
prematurely, any party adversely affected
may request the court to reconsider its order.
10.4.  Power of Panel or Single Justice or Judge to
Entertain Motions
(a) Single Justice. In addition to the authority
expressly conferred by these rules or by law,
a single justice or judge of an appellate court
may grant or deny a request for relief that
these rules allow to be sought by motion. But
in a civil case, a single justice should not do
the following:
(1) act on a petition for an extraordinary
writ; or
(2) dismiss or otherwise determine an
appeal or a motion for rehearing or en
banc reconsideration.
(b) Panel. An appellate court may provide, by
order or rule, that a panel or the full court
must act on any motion or class of motions.
10.5.  Particular Motions
(a) Motions Relating to Informalities in the
Record. A motion relating to informalities in
the manner of bringing a case into court must
be filed within 30 days after the record is filed
in the court of appeals. The objection, if
waivable, will otherwise be deemed waived.
(b) Motions to Extend Time.
(1) Contents of Motion in General. All
motions to extend time, except a motion
to extend time for filing a notice of
appeal, must state:
(A) the deadline for filing the item in
question;
(B) the length of the extension sought;
(C) the facts relied on to reasonably
explain the need for an extension;
and
(D) the number of previous extensions
granted regarding the item in
question.
(2) Contents of Motion to Extend Time to
File Notice of appeal. A motion to
extend the time for filing a notice of
appeal must:
(A) comply with (1)(A) and (C);
(B) identify the trial court;
(C) state the date of the trial court’s
judgment or appealable order; and
(D) state the case number and style of
the case in the trial court.
(3) Contents of motion to extend time to file
petition for review or petition for
discretionary review.  A motion to
extend time to file a petition for review
or petition for discretionary review must
also specify:
(A) the court of appeals;
(B) the   date   of   the   court   of appeals’
judgment;
(C) the case number and style of the
case in the court of appeals; and
(D) the date every motion for rehearing
or en banc reconsideration was
filed, and either the date and nature
of the court of appeals' ruling on the
motion, or that it remains pending.
(c) Motions to Postpone Argument. Unless all
parties agree, or unless sufficient cause is
apparent to the court, a motion to postpone
argument of a case must be supported by
sufficient cause.

Comment to 1997 change: This is former Rule 19.
Under subdivision 10.1, a response may be filed at any
time before the court rules on the motion. The
provision of former subdivision (b) regarding
docketing motions is incorporated in Rule 12.2. The
provision of former subdivision (b) for noting
attorneys’ names on the docket is incorporated in Rule
6.2.   Former subdivision (c), requiring the clerk to
send notices of the filing of motions is deleted as
unnecessary because the parties must serve all motions
under Rule 9.5. Subdivision 10.2 is amended to
eliminate the requirement of an oath where the facts
are within the personal knowledge of the attorney.
Subdivision 10.5 is new and incorporates the
provisions of other rules concerning motions, as
follows: 10.5(a) from former Rule 71; 10.5(b) from
former Rules 73, 130(d), and 160; and 10.5(c) from
former Rule 70. Other changes are made.
Comment to 2008 change: It happens so
infrequently that a non-movant does not oppose a
motion for rehearing or en banc reconsideration that
such motions are excepted from the certificate-of-
conference requirement in Subdivision 10.1(a)(5).
Subdivision 10.2 is revised to clarify that facts
supporting a motion need not be verified by the filer if
supporting evidence is in the record, the facts are
known to the court, or the filer has personal knowledge
of them.   Subdivision 10.5(b)(3)(D) is added.