STATE OF MINNESOTA

December 14, 2018

IN COURT OF APPEALS

In re the Marriage of:

ORDER
Sandra Sue Grazzini-Rucki, petitioner,
AlS-1721
Appellant,

vs.

David Victor Rucki,

Respondent,

County of Dakota, intervenor,

Respondent.

BASED ON THE FILE, RECORD, AND PROCEEDINGS, AND BECAUSE:

I. This appeal was filed by mail on October 19, 2018. Appellant seeks review

of child-support orders.

2. Appellant's brief was due on December 11, 2018, which was 33 days after

the transcript was delivered by mail on November 8, 2018. See Minn. R. Civ. App. P.

131.01, subd. I.

3. On December 11, 2018, appellant filed an informal brief and addendum by

mail with a motion to accept the informal brief.

 4. The appellate court may authorize informal briefs, bound by stapling. Minn.

R. Civ. App. P. 128.01, subd. 1. Because appellant is self-represented and proceeding in

forma pauperis, we will allow appellant to file an informal brief and addendum.

5. Appellant must prepare an addendum and file it with the opening brief.

Minn. R. Civ. App. P. 130.02(a). The addendum must include a table of contents

identifying each document included in the addendum, including the document index

number from the register of actions, if available, and a copy of any order, judgment,

findings, or trial court memoranda in the action directly relating to or affecting the is.sues

on appeal. Id.

6. Appellant filed a 45-page addendum with the informal brief. Appellant's

addendum does not include a table of contents or copies of the child-support orders from

which the appeal is taken. In addition, it is unclear whether all of the documents included

in the addendum are part of the record on appeal. See Minn. R. Civ. App. P. 110.01

(defining the record on appeal as including the documents filed in the district court, the

exhibits, and the transcript of the proceedings, if any).

7. We decline to accept appellant's brief with the nonconforming addendum.

8. The failure to timely file a brief is a technical, nonjurisdictional matter.

Progressive Cas. Ins. Co. v. Kraayenbrink, 365 N. W.2d 229, 231 (Minn. 1985).

9. Appellant shall serve and file an informal brief with a conforming addendum

as directed below. Appellant's addendum shall contain copies of the orders from which

the appeal is taken. The addendum shall comply with the SO-page limit under Minn. R.

2
Civ. App. P. 130.02(b). The addendum shall include a table of contents identifying each

document. The addendum shall not include extra-record documents.

IT IS HEREBY ORDERED:

1. Appellant's motion to accept the existing informal brief and nonconforming

addendum is denied.

2. On or before December 26, 2018, appellant shall serve and file a brief with

an addendum in compliance with Minn. R. Civ. App. P. 130.02. Appellant's brief and

addendum shall be accompanied by proof of service on respondent's counsel.

3. Appellant may file an informal brief and addendum, in compliance with

Minn. R. Civ. App. P. 128.01, subd. 1.

4. Respondent's brief shall be filed within 30 days after service of appellant's

briefwithaconforming addendum, in accordance with Minn. R. Civ. App. P. 131.01, subd.

2.

Dated: December 14, 2018

BY THE COURT

Edward ?!:if:?
Chief Judge