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Writs of Certiorari

Review of WCCA Decisions by Supreme Court on Certiorari

Decisions of the Workers’ Compensation Court of Appeals (WCCA) are reviewable by the Supreme Court on certiorari.  Minn. Stat. § 176.471, subd. 1; Minn. R. Civ. App. P. 116.

The party applying for the writ must file with the clerk of the appellate courts a Petition for Writ of Certiorari and a proposed Writ of Certiorari, along with a filing fee of $550.00, within 30 days from the date the WCCA decision or order was served.  Minn. Stat. § 176.471, subd. 1; Minn. R. Civ. P. 116.01 - 116.03. Minn. R. Civ. P. 103.01, subd. 1.  A party may file an application with the Supreme Court, within the 30 day period, for an extension of time for filing the petition and writ upon cause shown.  Minn. Stat. § 176.471, subd. 2.

The title and form of the petition and writ must conform to Forms 116A and 116B in the Minn. R.Civ. App. P. Appendix.  A copy of the decision or order and a statement of the case, as set forth in Minn. R.Civ. App. P 133.03, must be filed with the petition.  The respondent’s statement of the case, if any, is due within 14 days after service of the petitioning party’s statement.

Upon receipt of the documents and filing fee, the clerk of the appellate courts issues a signed and dated writ of certiorari directed to the WCCA.  The petitioning party must serve copies of the petition and writ upon the WCCA, and upon all parties to the case, within the 30 day period.  Proof of service on the WCCA and all parties must be filed with the clerk of the appellate courts within 5 days after service.  Minn. Stat. § 176.471, subd. 3, Minn. R. Civ. App. P. 116.03, subd. 4.  In most circumstances, a cost bond is not required for writs of certiorari effective May 13, 2016.  Minn. Laws Ch. 110, Art. 1, Secs. 3, 4; Minn. Stat. § 176.471, subds. 3 and 5.

A party who is unable to pay the expenses of a writ may file with the Supreme Court a motion to proceed in forma pauperis which may include waiver of the filing fee and payment of costs for the transcript and briefs.  Minn. R. Civ. App. P. 103.01, subd. 3; Minn. R. Civ. App. P. 109.  The time period for a party to pay the filing fee is suspended during the pendency of a timely motion to proceed in forma pauperis.  Minn. R. Civ. App. P. 109.05.

If a writ of certiorari is not timely filed, the filing fee is not paid, or the petition and writ are not served on the WCCA or other parties, a party against whom the writ was issued may file a motion with the Supreme Court to have the writ discharged.  Minn R. Civ. App. P. 116.06.

For more information contact the Clerk of Appellate Courts, 305 Minnesota Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, Minnesota 55155.  Office hours Monday through Friday 8:00 a.m. to 4:30 p.m.   Phone: (651) 296-2581.

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