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Bench & Bar of Minnesota is the official publication of the Minnesota State Bar Association.

Notice of Entry

Many family law attorneys serve a “Notice of Entry” after a Stipulated Judgment and Decree is entered.  A Notice of Entry has no impact and is essentially a made-up notice, ineffective as to anything subsequent.  Lawyers may be serving the Notice of Entry because they believe it starts the clock ticking for an appeal.  However, Rule 104.01 of the Minnesota Rules of Civil Appellate Procedure provides that “an appeal may be taken from a judgment within 60 days after its entry, and from an appealable order within 60 days after service by any party of written notice of its filing.”   Written notice of filing starts the clock for an order.  The clock starts for a judgment immediately upon its entry.

Susan Dickel Minsberg

St. Paul 

 

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