In state court in Minnesota, the time to appeal from a judgment or order in a civil case is generally governed by Rule 104.01, Subdivision 1 of the Minnesota Rules of Civil Appellate Procedure. This Rule sets the time to appeal at 60 days after entry of judgment and within 60 days from an appealable order after 60 days after service by any party of written notice of its filing. Be aware that some appeal times are set by statute and the 60 day appeal time applies “[u]nless a different time is provided by statute.” See Minn. R. Civ. App. Pro. 104.01, Subdivision 1.
If a party serves a timely and proper post trial motion, the time for filing the appeal of the order or judgment that is the subject of the motion is not triggered until service by any party of notice of filing of the order disposing of “the last such motion outstanding.” See Minn. R. Civ. App. Pro. 104.01, Subd. 2. Hence, a timely post trial motion tolls the appeal time until the final order disposing of the post-trial motion is issued. If no post-trial motion is involved, then the 60 day time to appeal would apply.
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