Guide
Minnesota Table of Authorities: Formal Brief Requirements
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Minnesota formal appellant briefs need an alphabetical table of cases, statutes and other cited authorities, with brief-page references. Rule 128.02, subdivision 1(a), places it with the table of contents at the beginning of the specified contents. Subdivision 2 extends those requirements to the respondent's formal brief, subject to stated exceptions that do not remove the table.
Create a standard-format table of authorities from your PDF, then check alphabetical organization and pages manually. Minnesota has no named preset; this starts standard format. This guide addresses Minnesota appellate formal briefs, not a universal district-court requirement. Official sources checked October 14, 2026.
“A table of contents, with page references, and an alphabetical table of cases, statutes, and other authorities cited, with references to the pages of the brief where they are cited.” — Rule 128.02, subdivision 1(a)
Principal briefs, replies and the four-case list
Minnesota's terminology is appellant and respondent, rather than appellant and appellee. Formal principal briefs have the express table requirement. The reply provision says a reply must be confined to new matter in the respondent's brief, but does not expressly incorporate the principal-brief contents. Do not cite subdivision 3 as though it contains the federal rule's separate reply-table sentence. Check the court's instructions and any order for your particular reply; including a reviewed table can provide useful navigation without claiming this provision expressly requires it.
The statement of legal issues has a different authority-list function. Rule 128.02, subdivision 1(b)(4), calls for the most apposite cases, not more than four, and the most apposite constitutional and statutory provisions after each issue. That limit is not a four-case ceiling on the table of authorities. The table collects cited authorities across the entire brief, including cases cited outside the argument.
| Component | Governing distinction | What to check |
|---|---|---|
| Appellant's formal table | Rule 128.02, subdivision 1(a) | Alphabetical entries, cases plus statutes and other authorities, all cited brief pages. |
| Respondent's formal table | Subdivision 2 conforms to subdivision 1 | Build from the respondent's own document, not the appellant's citations or pages. |
| Reply | Subdivision 3 addresses new matter | Check filing instructions; do not infer an express table command from the principal-brief paragraph. |
| Authorities after each legal issue | Subdivision 1(b)(4): most apposite cases, maximum four | Keep this selective list separate from the comprehensive table. |
| Addendum references | Rule 128.03 governs record references | Do not put addendum or transcript page numbers in the table's brief-page column. |
| Informal or letter brief | Rule 128.01 | Confirm the authorized route and requirements before borrowing formal-brief contents. |
Use Form 128 as an illustration, not a current checklist
The Revisor's official Form 128 shows a Table of Authorities divided into Statutes, Cases and Secondary Authorities. That is useful evidence of a categorized presentation, not a mandatory universal category sequence. Keep entries alphabetical within the categories you use and ensure no cited authority disappears because it does not fit the template's examples. Its sample names and pages are illustrative, not authorities to import into your brief.
Form 128 says it was amended effective for appeals taken on or after January 1, 1992 and still describes an appendix. Rule 128's 2014 comment explains that the appendix was replaced by an expanded addendum; Rule 132 likewise uses current addendum terminology. Copying the historical form wholesale would therefore carry obsolete instructions into a modern filing. The current rule text, not the age of the sample, determines your obligations.
A PDF-to-Word workflow for Minnesota
- Export the actual brief. Use its intended printed pagination and retain the matching .docx. Check the legal-issues section as well as the argument for citations that belong in the table.
- Start standard format. Open the Table of Authorities generator and confirm actual court/settings after loading. Recognized court information or a sample can override the entry selection; there is no Minnesota preset.
- Review each entry. Reconcile full citations, short forms and Id.; merge duplicates and add omissions. Check cases, statutes, rules and secondary authorities. Verify every brief-page reference in the PDF, rather than accepting extraction as a filing check.
- Export editable Word. PDF-only downloads a table for manual insertion. Matching Word plus a text-layer PDF can insert ordinary table text into the brief. DOCX-only is different: it creates Word fields for Word for Windows.
- Recheck the final document. Inserting a table can change pagination. Export a new PDF, compare all references and regenerate after edits if necessary. Separately review Rule 132 formatting and the applicable electronic-filing instructions.
Frequently asked
Does the formal respondent's brief need a table?
Yes. Rule 128.02, subdivision 2, incorporates subdivision 1's requirements. Its exceptions for certain statements do not remove the authorities table.
Does subdivision 3 expressly require a reply table?
No. The text read addresses new matter, not a separate table requirement. Check court guidance and orders for the reply; do not equate that silence with a statewide exemption.
Can I list only the four most apposite cases?
No. The four-case limit concerns the selective list after each legal issue. The alphabetical table covers cases, statutes and other authorities actually cited throughout the brief.
Must I reproduce Form 128's category order and appendix?
No. Its categories illustrate presentation; current Rule 128 governs. The form's old appendix language is superseded by current addendum rules.
May the table be single-spaced or use passim?
Rule 132.01 expressly permits single spacing for tables of authorities. The cited table provision does not establish passim permission; specific brief-page references provide the clearest navigation.
Official sources read
- Minnesota Revisor: Rule 128, BriefsLive official text read October 14, 2026, including formal appellant/respondent/reply provisions, informal briefs and the 2014 addendum comment. Rule 128.02's displayed amendment history ends August 1, 2020.revisor.mn.gov
- Minnesota Revisor: Rule 132, Form of BriefsLive official text read October 14, 2026; spacing, length exclusions and electronic-document provisions reviewed. Rule 132.01's displayed amendment history ends January 1, 2020.revisor.mn.gov
- Minnesota Revisor: Form 128Official reference form read October 14, 2026. Displayed amendment effective January 1, 1992; historical appendix wording is not current filing guidance.revisor.mn.gov
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