Minn. Stat. » CHAPTER 589. HABEAS CORPUS
Minnesota Statutes

Minn. Stat. § 589.30 (2026)

Hearing On Appeal; Costs; Papers

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Either party in a proceeding upon a writ of habeas corpus may appeal a final order by applying to the court of appeals. The clerk of appellate courts shall serve the order fixing the time of hearing on the adverse party at least five days before the date fixed for the hearing. The hearing must be held not less than six nor more than 15 days from the date of application. No costs or disbursements may be allowed any party to the appeal, nor may any of the papers used on the hearing be required to be printed.

Notes of Decisions
Cited in 7 cases, 1943–2015 · leading case: State ex rel. Dufault v. Utecht, 19 N.W.2d 706 (Minn. 1945).
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State ex rel. Dufault v. Utecht, 19 N.W.2d 706 (Minn. 1945). “1927, § 9767), provides for appeals in habeas corpus proceedings as follows: “Any party aggrieved by the final order in proceedings upon a writ of habeas corpus may appeal therefrom to the supreme court in the same manner as other appeals are taken from the district court,…”
Guy v. Utecht, 12 N.W.2d 753 (Minn. 1943). “Since this is an appeal involving a writ of habeas corpus, the matter is before this court de novo upon the evidence taken at the hearings before the district judge and referee.”
State ex rel. Griep v. Skon, 568 N.W.2d 453 (Minn. Ct. App. 1997). · cites it 2× “Pursuant to Minn.Stat. § 589.30 (1996), this court expedited the appeal.”
State ex rel. Ashcroft v. Jensen, 7 N.W.2d 393 (Minn. 1943). “And if the person in whose behalf the writ was applied for is a minor child of tender years the court shall as a part of its judgment determine the person or party who is entitled to control and direct the education and training of such child.”
State ex rel. Alexander v. Rigg, 76 N.W.2d 478 (Minn. 1956). “3 In connection with this we must clear up an ambiguity that might arise under § 589.30, which provides that the appeal to this court shall be tried and judgment rendered in the same manner as if the writ had originally issued out of this court.”
State ex rel. Alm v. Tahash, 111 N.W.2d 458 (Minn. 1961). · cites it 2× “2 Upon a careful scrutiny of the entire record we have no difficulty in holding that the court had jurisdiction over relator and of the offense for which he was convicted, that the sentence was authorized by law, and that relator was not denied any fundamental constitutional…”
Ronald Dallmann v. Tom Roy, No. A14-2203 (Minn. Ct. App. June 22, 2015). · cites it 2× “See Minn. Stat. § 589.30 (2014) (requiring an appellate hearing between six and fifteen days from date of the appeal application); see also id.”
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