You and your now ex-spouse are finally divorced (hooray!), after a complex and difficult trial. After months of waiting, you are finally holding your Judgment and Decree. But what if a judge got it wrong?
If you believe the judge has made decisions that are unfair or not in your favor, it’s crucial to discuss your options with your attorney immediately. There are important deadlines you need to meet if you wish to challenge any findings or orders stated in your Judgment and Decree.
First, you have the option of filing a motion for amended findings. The motion for amended findings requests that the judge review their findings on a particular issue within the divorce and amend a perceived error. Ultimately, a party seeking amended findings seeks another chance to bring the law and relevant facts to the judge’s attention, with the aim of changing the ultimate decision regarding that particular issue. A motion for amended findings must be filed within 30 days of entry of your Judgment and Decree.
Next, you can bring an appeal or have a different judge review your Judgment and Decree. Appeals are brought before a three-judge panel of the Minnesota Court of Appeals and are governed by a separate set of procedural rules from the district court. The rules are highly technical, and many of the deadlines are jurisdictional in nature. That means that if you miss a deadline, your appeal is over before it even starts.
The appeal begins with the filing of a Notice of Appeal and Statement of the Case within 60 days of the entry of the Judgment and Decree. The Notice of Appeal and Statement of the Case are brief documents that inform the Court of Appeals of the judgment being appealed and a summary of the decision.
Family law parties are required to undergo a special mediation process once the appeal has commenced and before the actual briefing schedule begins. The Court will order mediation and provide a list of approved family law appellate mediators for the parties to choose from. During the mediation process, the briefing deadlines are paused.
If mediation is not successful, the mediator will inform the Court of Appeals, and a briefing schedule will be ordered. The appellant will be given a deadline to file their initial brief. The respondent will then have thirty days to respond with their own brief. After receiving the respondent’s brief, the appellant will have an additional fifteen days to file a reply to any new issues raised. The briefs must adhere to specific technical requirements regarding format, length, content, and even font size. It is crucial to hire an attorney who understands the rules governing appellate briefs. Unlike at the district court level, where there may be more flexibility for procedural errors or omissions, appellate courts are much less forgiving.
After all the briefs have been filed, the Court will schedule oral arguments. The attorneys will appear at the Court of Appeals building located next to the State Capitol. As a party to the appeal, you are welcome to attend and observe from the gallery, but you will not sit at the counsel table as you did at trial. The reason is that an appeal does not involve fact-finding; it is a review of the district judge’s decision based on the facts established during the trial. The law is applied only to those facts, without considering any new evidence.
Each counsel has 20 minutes to present their oral argument. During each attorney’s oral argument, the panel judges may interrupt or question the attorney. The panel judges can even argue with the attorney regarding their client’s position.
After oral argument, the justices take the matter under advisement and issue their opinion within 90 days. The opinion will be a public document that either affirms, reverses, or remands the district court’s order.
Appealing a judgment and decree is a process that should not be taken lightly, and having an attorney with experience in appeals makes the process less daunting. If you are considering appealing from a judgment and decree, or order, contact us at Hellmuth and Johnson.
