FORM 133. STATEMENT OF THE CASE
STATE OF MINNESOTA
(IN SUPREME COURT
IN COURT OF APPEALS)
Appellant, STATEMENT OF THE CASE OF
TRIAL COURT CASE NUMBER:
APPELLATE COURT CASE NUMBER:
1. Court or agency of case origination and name of presiding judge or hearing officer.
2. Jurisdictional statement
(A) Appeal from district court.
Statute, rule or other authority authorizing appeal:
Date of entry of judgment or date of service of notice of filing of order from which appeal is
Authority fixing time limit for filing notice of appeal (specify applicable rule or statute):
Date of filing any motion that tolls appeal time:
Date of filing of order deciding tolling motion and date of service of notice of filing:
(B) Certiorari appeal.
Statute, rule or other authority authorizing certiorari appeal:
Authority fixing time limit for obtaining certiorari review (cite statutory section and date of
event triggering appeal time, e.g., mailing of decision, receipt of decision, or receipt of other
(C) Other appellate proceedings.
Statute, rule or other authority authorizing appellate proceeding:
Authority fixing time limit for appellate review (cite statutory section and date of event
triggering appeal time, e.g., mailing of decision, receipt of decision, or receipt of other
(D)Finality of order or judgment.
Does the judgment or order to be reviewed dispose of all claims by and against all parties,
including attorney fees? Yes ( ) No ( )
Did the district court order entry of a final partial judgment for immediate appeal pursuant to
MINN. R. CIV. APP. P. 104.01? Yes ( ) No ( ) or
If yes, provide date of order:
If no, is the order or judgment appealed from reviewable under any exception to the finality
rule? Yes ( ) No ( )
If yes, cite rule, statute, or other authority authorizing appeal:
(E) Criminal only:
Has a sentence been imposed or imposition of sentence stayed? Yes ( ) No ( )
If no, cite statute or rule authorizing interlocutory appeal:
3. State type of litigation and designate any statutes at issue.
4. Brief description of claims, defenses, issues litigated and result below. For criminal cases,
specify whether conviction was for a misdemeanor, gross misdemeanor, or felony offense.
5. List specific issues proposed to be raised on appeal.
6. Related appeals.
List all prior or pending appeals arising from the same action as this appeal. If none, so state.
List any known pending appeals in separate actions raising similar issues to this appeal. If
none are known, so state.
7. Contents of record.
Is a transcript necessary to review the issues on appeal? Yes ( ) No ( )
If yes, full ( ) or partial ( ) transcript?
Has the transcript already been delivered to the parties and filed with the trial court
administrator? Yes ( ) No ( )
If not, has it been ordered from the court reporter? Yes ( ) No ( )
If a transcript is unavailable, is a statement of the proceedings underRule 110.03 necessary?
Yes ( ) No( )
In lieu of the record as defined inRule 110.01, have the parties agreed to prepare a statement
of the record pursuant toRule 110.04? Yes ( ) No ( )
8. Is oral argument requested? Yes ( ) No ( )
If so, is argument requested at a location other than that provided inRule 134.09, subd. 2?
Yes ( ) No ( )
If yes, state where argument is requested:
9. Identify the type of brief to be filed.
Formal brief underRule 128.02. ( )
Informal brief underRule 128.01, subd. 1 (must be accompanied by motion to accept unless
submitted by claimant for reemployment benefits). ( )
Trial memoranda, supplemented by a short letter argument, underRule 128.01, subd. 2. ( )
10. Names, addresses, zip codes and telephone numbers of attorney for appellant and respondent.
NAME, ADDRESS, ZIP CODE, TELEPHONE NUMBER, AND ATTORNEY
REGISTRATION LICENSE NUMBER OF ATTORNEY(S) FOR (APPELLANT)
OR, IF NOT REPRESENTED BY COUNSEL:
NAME, ADDRESS, ZIP CODE AND TELEPHONE NUMBER OF (APPELLANT)
SIGNATURE (OF APPELLANT) (OF RESPONDENT)
(The Statement of Case is not a jurisdictional document, but it is important to the proper and
efficient processing of the appeal by the appellate courts. The "jurisdictional statement" section
is intended to provide sufficient information for the appellate court to easily determine whether
the order or judgment is appealable and if the appeal is timely. The nature of the proceedings
below and the notice of appeal determine the jurisdiction of the appellate court. The sections
requesting information about the issues litigated in the lower court or tribunal, and the issues
proposed to be raised on appeal are for the court's information, and do not expand or limit the
issues that might be addressed on appeal. Likewise, the section asking counsel to identify and
prior or pending appeals from the same case, and any separate appeals that raise similar issues is
intended to provide more information about the procedural history of the case and to ensure that
the court has early notice of other pending related matters in case consolidation is appropriate