The Minnesota Petition for Discretionary Review is a written request to the Minnesota Supreme Court asking them to review a lower court's decision. It is also known as a Writ of Certiorari in some jurisdictions. There are three types of Minnesota Petition for Discretionary Review: Direct Appeal, Discretionary Review, and Petition for Review. A Direct Appeal is a petition for review of a final decision of a district court of appeals. A Discretionary Review is a petition for review of an interlocutory order of a district court of appeals. A Petition for Review is a petition for review of an order or judgment of a trial court. All three types of petitions must meet certain criteria in order to be considered for review. Generally, the Minnesota Supreme Court grants review to cases which involve constitutional issues, questions of law, or cases of great public importance.
Minnesota Petition For Discretionary Review
Description
Key Concepts & Definitions
Petition for Discretionary Review refers to a formal request that a higher court (usually an appellate or supreme court) reviews the decision of a lower court. It is not an automatic right but a privilege granted at the discretion of the reviewing court. This petition is typically used when there are compelling reasons that the case might have been mishandled at the lower levels or involves significant questions of law.
Step-by-Step Guide to Filing a Petition for Discretionary Review
- Identify the Decision: Verify that the decision you wish to challenge is from a court whose decisions are reviewable under 'discretionary review' criteria.
- Understand the Time Limits: Check the procedural rules for the specific court to determine the timeline within which you need to file your petition. Time limits are often strict.
- Prepare Your Petition: Gather relevant documents and legal arguments showing why the court should accept your case for review. Focus on presenting a persuasive claim that there are significant legal errors or important legal questions.
- File Your Petition: Submit your petition to the appropriate court, providing all necessary forms and documents. Ensure compliance with the court's formatting and submission guidelines.
- Follow Through: After submission, monitor any communications from the court regarding your petition. Be prepared to provide additional information or participate in oral arguments if requested by the court.
Risk Analysis of Filing a Petition for Discretionary Review
- Rejection Risk: The majority of petitions are not granted. The discretionary nature means the higher court has no obligation to review your case.
- Legal Costs: Preparing and processing a petition can be costly, involving attorney fees and court costs, with no guaranteed return on this investment.
- Time Commitment: The review process can be lengthy, potentially delaying final resolution of your case.
- Outcome Uncertainty: Even if a review is granted, there's no assurance the decision will be favorable. The higher court may affirm the original ruling.
Common Mistakes & How to Avoid Them
- Mistiming the Filing: Missing the filing deadline is a common error. Always verify the deadline and plan to file well in advance.
- Inadequate Argumentation: Failing to clearly articulate significant errors or important questions of law can lead to quick rejection. Invest in strong legal counsel to develop compelling arguments.
- Poor Documentation: Submitting incomplete or improperly formatted documents can hinder your petition's success. Double-check all submissions for accuracy and completeness.
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FAQ
56.05Failing to Properly Support or Address a Fact.
Discretionary review is the authority appellate courts have to decide which appeals they will consider from among the cases submitted to them. This offers the judiciary a filter on what types of cases are appealed, because judges have to consider in advance which cases will be accepted.
59.04Time for Serving Affidavits When a motion for a new trial is based upon affidavits, they shall be served with the notice of motion. The opposing party shall have 14 days after such service in which to serve opposing affidavits, which period may be extended by the court pursuant to Rule 59.03.
The court may permit a party, without filing a cross-petition, 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 party.
Rule 58. The judgment in all cases shall be entered and signed by the court administrator in the judgment roll; this entry constitutes the entry of the judgment; and the judgment is not effective before such entry.
Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible. All relevant evidence is admissible, except as otherwise provided by the United States Constitution, the State Constitution, statute, by these rules, or by other rules applicable in the courts of this state.
In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such money or thing.
Rule 69. Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise.