Minn. R. Civ. App. P. 125.04 (2026)
Proof of Service
Every document required by these rules to be served on other parties must be filed with proof of service contained on or affixed to the document. Service may be proven by any of the following means:
(a) Confirmation of service by authorized use of the appellate courts' electronic filing system, in which event separate proof of service need not be filed,
(b) Written admission of service, or
(c) An affidavit or certificate of service.
An affidavit or certificate of service is required for any document served with the district court's electronic filing system.
The clerk of the appellate courts may permit documents to be filed without proof of service, but shall require proof of service to be filed promptly after filing the documents.
(Amended effective July 1, 2014; amended effective September 1, 2019.)
Advisory Committee Comment - 2014 Amendments
Rule 125 is amended to provide explicitly for filing and service of documents electronically.
While filing by facsimile or other electronic means is not permitted without an order from the court authorizing it, the parties may consent to service by facsimile or e-mail (the primary "other electronic means" that might be elected). Service by any means other than electronic service using the appellate courts' e-service system requires that proof of service be filed with the clerk of the appellate courts. The rule now authorizes the use of a certificate of service, which may be filed to verify based on facts stated that service has been effected using the specified means, but does not have to be made in the form of an affidavit on personal knowledge of the person serving the documents.
Rule 125.01(d) is a new provision that defines the interaction of the trial court rules for service with these rules. It permits documents that are to be filed in the trial court to be filed and served by any means authorized by the trial court rules. This rule is intended to permit parties to use the trial court's electronic filing and electronic service system for these documents. Because that filing would not result in proof of service being transmitted to the appellate courts' electronic filing system, separate proof of service must be filed with the clerk of the appellate courts. This proof might be provided, for example, by certificate of service that recites the fact of service and the fact of confirmation received from the district court system, attaching a copy of the confirmation message.
Rule 125 is also amended to change several references to "papers" to "documents." This change is not intended to change the interpretation of the rule, other than to recognize that not all appellate court filings are in paper format.
Advisory Committee Comment - 2019 Amendments
Rule 125.04 is amended to make it clear that proof of service must be filed for documents served using the district court's electronic filing system. This amendment is intended to remove confusion over proof of service for the small number of appellate documents that are served and filed in the district court. These include the notice of appeal or petition initiating the appeal (see Rule 125.01(d)) and the motion for leave to proceed in forma pauperis (see Rule 109.02).
Comment - 1983
The filing of all papers must be made within the time designated in the applicable rule.
Filing by mail addressed to the clerk of the appellate courts is authorized but must be accomplished by deposit in the mail, first class postage prepaid, within the designated time period. To the extent practical, all papers shall include the appellate court docket number and attorney registration license numbers.
The clerk of the appellate courts is not authorized to file any papers unless and until the appropriate fee has been paid (Minnesota Statutes 1983, section 357.08) or the documents are accompanied by a written statement of the reason no fee is required.
Proof of service must be filed with the clerk of the appellate courts at the time the notice, petition or motion is filed or immediately thereafter.