54.1. Request for Record
With or without granting the petition for review, the Supreme Court may request that the record from the court of appeals be filed with the clerk of the Supreme Court.
54.2. Duty of Court of Appeals Clerk
(a) Request for Record. The court of appeals clerk must not send the record to the Supreme Court unless it is requested. Upon receiving the Supreme Court clerk’s request for the record, the court of appeals clerk must promptly send to the Supreme Court clerk all of the following:
(1) the original record;
(2) any motion filed in the court of appeals;
(3) copies of all orders of the court of appeals; and
(4) copies of all opinions and the judgment of the court of appeals.
(b) Nondocumentary Exhibits. The clerk should not send any nondocumentary exhibits unless the Supreme Court specifically requests.
54.3. Expenses
The petitioner must pay to the court of appeals clerk a sum sufficient to pay the cost of mailing or shipping the record to and from the Supreme Court clerk.
54.4. Duty of Supreme Court Clerk
Upon receiving the record, the Supreme Court clerk must file it and enter the filing on the docket. The clerk may refuse the record if the charges for mailing or shipping have not been paid.
Notes and Comments
Comment to 1997 change: This is former Rule 132. Subdivision 54.1 is new and provides for the Supreme Court to request the filing of the record. Other changes are made.