Ramsey County Law Library Blog

The first thought of many litigants who lose their case in Minnesota District Court is to appeal the decision. After all, the judge and jury got it all wrong as far as they are concerned. Indeed, sometimes a court DOES get it wrong, and appeals courts exist for this very reason. But self-represented litigants can be unpleasantly surprised at what an appeal requires, especially in terms of their time and energy. Before you decide that appeal is the answer to your unfavorable judgement, here is the very least of what you should be aware of.

1. Filing an appeal is expensive. The filing fee for an appeal in Minnesota is currently $550.  One must ask if this is really for it for minor adverse judgments, like a traffic violation. Of course, you may apply for a fee waiver, which may or may not be granted.  Further, if you lose on a civil appeal or the Court determines your civil appellate claim was frivolous, you could be ordered to pay costs for the opposing side.

 2.  For civil cases, you must also determine if your case is appealable.  Not every decision or judgment is technically eligible for appeal under Minnesota law. Best to read Rule 103.03 of the Minnesota Rules of Appellate Procedure.

3. Not every case has grounds for appeal, or merit. Filing an appeal is not a “do over” of the case, and mere dissatisfaction with the decision is not a legal basis to challenge a decision.  You also cannot bring new arguments, evidence, or witnesses into your appeal.  Read more about this on the MNCourts webpage.

4. There are time limits for when you can appeal. Civil appeal time limits might be governed under Rule 104.01 of the Minnesota Rules of Appellate Procedure, but not always.  Criminal judgments have appeal time limits of their own.  Start with Rule 28 of the Minnesota Rules of Criminal Procedure if you are trying to determine yours.

5. Preparing an appeal involves much more than simply filling out the forms. Much of the extensive research and paperwork you must do is toward the requirement that you prepare a written argument, or brief for your appeal.  (Most practicing attorneys will tell you they spent significant time researching and writing their first appellate brief in law school, and you likely will as well.) We have some appellate brief samples you can see here in the law library, plus this Libguide on appeals from the State Law Library offers online samples as well.

This all said, for pro se litigants who believe they have grounds for an appeal and want to pursue one, there are some additional resources which can help. The Courts webpage offers answers to basic questions on both civil and criminal appeals.  An excellent written guide for pro se litigants filing an appeal is this one from the Battered Women’s Legal Advocacy Project.  Finally, the Minnesota State Law Library has recently started an appeals clinic, where attorneys can help you with questions including applicable deadlines, filing forms, and brief writing.

Maybe after much thought, you have finally decided that you are ready to file for divorce. You expect that this will a big project, especially having seen how extensive the initial paperwork can be. You might also be feeling that you just need to get through the busy holiday season before you take any real steps.

First, be aware that the MNCourts online I-CAN system can help you streamline the preparation of your initial divorce filing. It does this by allowing you to type in information as prompted, and then by storing it and then formatting it into your own personalized petition papers to file.  Do you manage to find unscheduled bits of downtime during your busy holiday season? If so, here’s a suggestion for getting your divorce preparation underway:  Simply download or print out the Fast Facts worksheet from the I-CAN page, and then fill in the blanks provided for information such as addresses, birthdates, account numbers, etc. as your time permits.  Later on when you are less busy, you can take this written information you have prepared and sit down to enter it into your electronic I-CAN account.  Alternatively, you can get your new I-CAN account set up through your email, ready to access again at your convenience.

When you have your divorce initiation paperwork completed and printed out, you will want to make an appointment with the Ramsey Family Self-Help Center to go over these documents with their staff and make sure they are complete for filing.  There are other tools which can help you prepare for your upcoming divorce.  For instance, The Scott County Law Library offers a free divorce workshop every fourth Saturday of the month for those who might like some assistance with the I-CAN system.  If you are concerned for your safety, you may also want to consult the Ramsey Family Domestic Abuse/Harassment Office.

Good luck as you look ahead to 2016.

It is perhaps rather ironic that pro se litigants can have more trouble finding affordable help for their criminal defense needs than they might for civil legal needs. This reality exists despite (and perhaps  because of) Gideon vs. Wainright (1963), wherein the U.S. Supreme Court held that the criminally accused have a right to legal representation. Gideon’s result was our modern public defender system which provides counsel to indigent criminal defendants. And yet many criminal defendants without means represent themselves, due to their failure to qualify for a public defender.  For these self-represented litigants, there exist relatively few self-help resources. (Example:  The extensive Help Topics page in the MNCourts website offers no category for criminal defense.)  This provative article from the Washington and Lee Law Review examines this reality of  economically marginal people slipping through the cracks of the Sixth Amendment right to counsel, and the difficulty in knowing who exactly is indigent. States are on their own to define the “substantial hardship” threshold established by Gideon, and for this they typically rely on the Federal Poverty Guidelines.  See MN Stat 611.17 for Minnesota’s own eligibility criteria for a public defender.

Despite this dearth of help,  one can find the Minnesota Statutes and the Minnesota Rules of Criminal Procedure online. We can also offer some tools at the law library, including treatises on Minnesota criminal law and free access to Westlaw Next.  Some information is also available through the Second Judicial District Criminal and Traffic section of the Courts website.  There are some local resources for those specifically seeking criminal legal advice.  Criminal Defense Services, Inc. exists exclusively to assist Ramsey County residents facing misdemeanor or low-level felony charges.  See their website for information on their availability at Ramsey County arraignments for those who do not qualify for public defender representation.  Neighborhood Justice Center similarly provides criminal defense services to low-income and indigent people in the East Metro, with focus on communities of color.  (Please note that both of the above screen potential clients with income-eligibility guidelines.)  And don’t underestimate the thirty-dollar, thirty-minute consultation available through the Ramsey County Bar Association, which might be just enough advice to let you know what your options really are.

An article in last week’s Pioneer Press covering the Minneapolis Black Lives Matter protests describes the work of a core element of the National Lawyers Guild (NLG). In particular, it highlighted the role of their legal observers, whose purpose is to “monitor law enforcement and gather evidence.” To do this, they are instructed to watch the police officers, take detailed notes, and avoid distractions. They also take documentation in cases of arrests.  They are also under strict instruction to avoid distractions, discussions, and especially arguments. (A legal observer in a jail cell is basically useless.)

This spotlight on the legal observers illustrate the fact that the best legal weapons are sometimes not lawyers or law books, but eyes and ears. The NLG knows that the strength of any case might boil down to its witnesses and the evidence they collect. Check out this NLG Legal Observer Training Manual.  Note that it presents tools that anyone might find useful if they need to document a brewing situation which might wind up in court. In particular, see the detailed instructions for taking notes.

The need for a certain kind of “legal observer” certainly isn’t limited to protests. Situations with potential legal ramifications that need documentation might be taking place in your home, community, or workplace. Of course, you may never intend to be a witness and suddenly find yourself in a situation where you might become one (or already have). Nowhere is this more true than for crime victims.  The NLG legal observer tools and guidelines might prove useful for your own needs.  If you ultimately wind up being called to court as a witness, you know that you must speak clearly, simply, and truthfully on the stand.  There are additional guides available in case you want to consult something else to prepare, including this one from the Wadena County Attorney’s office and another from Stearns County.  For more information on how to be a good witness, check out this guide from FindLaw.com.  If you are testifying in federal court, check out this guide from the U.S. District Court of Minnesota.

Don’t be nervous!  Our justice system depends on you!