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Rule 2.041

Rule 2.041: Docketing Statement

Section Appellate Practice
(a)   Time to File. No later than 60 days after a notice of appeal or cross-appeal is filed in a district court, the appellant or cross-appellant must file with the clerk of the appellate courts a docketing statement, along with other documents required under Rule 2.04. A motion to docket an appeal out of time must state good cause for the failure to timely docket the appeal.

(b)   Service. A copy of the docketing statement must be served on all parties to the appeal or cross-appeal.

(c)   Answer to Docketing Statement. If the statement of facts or issues in a docketing statement is insufficient to provide the court a fair summary of the facts or issues on appeal, an appellee or cross-appellee may file an answer to the docketing statement. The answer must be filed no later than 15 days after the filing of either:

(1)   a timely filed docketing statement or

(2)   the order granting a motion to docket out of time.

(d)   No Grounds for Relief. No party may file a motion based on the contents of a docketing statement or an answer to a docketing statement.

(e)   Form. A docketing statement and an answer to a docketing statement must be on the applicable judicial council form.

[History: New rule effective October 1, 1982; Am. effective August 24, 1988; Am. effective February 8, 1994; Am. effective July 1, 1997; Am. (b) effective May 9, 2005; Am. (b) effective September 6, 2005; Am. (b) Ex. 3 effective July 7, 2008; Restyled rule and amended effective July 1, 2012; Am. (a) and (c) effective December 19, 2016; Am. effective March 27, 2019.]
 

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