Rule 47.

1997 Rules of Appellate Procedure

Home

Contents

One

Two

Three

Four

Five

Appendix

Search

Rule 21	Rule 22	Rule 23	Rule 24	Rule 25	Rule 26	Rule 27	Rule 28	Rule 29	Rule 30
Rule 31	Rule 32	Rule 33	Rule 34	Rule 35	Rule 36	Rule 37	Rule 38	Rule 39	Rule 40
Rule 41	Rule 42	Rule 43	Rule 44	Rule 45	Rule 46	Rule 47	Rule 48	Rule 49	Rule 50
Rule 51

RULE 47. OPINIONS, PUBLICATION, AND CITATION

47.1 Written Opinions. The court of appeals must hand down a written opinion that is as brief as practicable but that addresses every issue raised and necessary to final disposition of the appeal. Where the issues are settled, the court should write a brief memorandum opinion no longer than necessary to advise the parties of the court’s decision and the basic reasons for it.

47.2 Signing of Opinions. A majority of the justices who participate in considering the case must determine whether the opinion will be signed by a justice or will be per curiam. The names of the participating justices must be noted on all written opinions or orders of the court or a panel of the court.

47.3 Publication of Opinions.

(a) The initial decision . A majority of the justices who participate in considering a case must determine — before the opinion is handed down — whether the opinion meets the criteria stated in 47.4 for publication. If those criteria are not met, the opinion will be distributed only to the persons specified in Rule 48, but a copy may be furnished to any person on request by that person.

(b) Notation on opinions . A notation stating “publish” or “do not publish” must be made on each opinion.

(c) Reconsideration of decision on whether to publish . Any party may move the appellate court to reconsider its decision regarding publication of an opinion but the court of appeals must not order any unpublished opinion to be published after the Supreme Court or Court of Criminal Appeals has acted on any party's petition for review, petition for discretionary review, or other request for relief.

(d) High-court order . The Supreme Court or the Court of Criminal Appeals may, at any time, order a court of appeals' opinion published.

47.4 Standards for Publication. An opinion should be published only if it does any of the following:

(a) establishes a new rule of law, alters or modifies an existing rule, or applies an existing rule to a novel fact situation likely to recur in future cases;

(b) involves a legal issue of continuing public interest;

(c) criticizes existing law; or

(d) resolves an apparent conflict of authority.

47.5 Concurring and Dissenting Opinions. Only a justice who participated in the decision of a case may file or join in an opinion concurring in or dissenting from the judgment of the court of appeals. Any justice on the court may file an opinion in connection with a denial of a hearing or rehearing en banc. A concurring or dissenting opinion may be published if, in the judgment of its author, it meets one of the criteria established in 47.4. If a concurrence or dissent is to be published, the majority opinion must be published as well.

47.6 Action of En Banc Court. Sitting en banc, the court may modify or overrule a panel's decision regarding the signing or publication of the panel's opinion or opinions.

47.7 Unpublished Opinions. Opinions not designated for publication by the court of appeals have no precedential value and must not be cited as authority by counsel or by a court.

Notes and Comments
Comment to 1997 change: This is former Rule 90. Subdivision 47.1 makes clear that a memorandum opinion should not be any longer than necessary. Subdivision 47.5 is amended to make clear that only justices who participated in the decision may file an opinion in the case. Judges who are not on a panel may file an opinion only in respect to a hearing or rehearing en banc. Former Rule 90(h), regarding publication of opinions after the Supreme Court grants review, is repealed.

Last modified: November 08, 2001