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NRIKORANDUX <br />TO: CHARLIE LeFEVERE <br />FROM: CORRINE HEINE 64� <br />DATE: 9/23/87 <br />RE: KEHR V. ROWEPVILLE <br />The above -referenced case was tried to the court without a <br />Jury, and the court rendered a decision adverse to the city. The <br />city is now considering whether to move for amended findings c <br />to appeal. You asked me to advise you on the timing for filing a <br />motion for amended findings or new trial. You also asked that I <br />advise you of the difference in the appellate court's scope of <br />review where appeal is taken from a judgment where no motion for <br />amended findings or new trial has been made, as opposed to a case <br />where such a motion has been made. <br />Timina <br />A notice of motion for a new trial must be served within 15 <br />days after a general verdict or service of notice by a party of <br />the filing of the decision or order. Minn. R. Civ. p. 59.03. <br />The same time limit applies to a motion for amended or additional <br />findings. Minn. R. Civ, p. 52.02. When the notice of filing of <br />the decision is served by mailr the time for serving the notice <br />Of motion for new trial or amended findings is extended 3 days, <br />under Rule 6.05. The 18-day period cannot be extended by the <br />court. Minn. R. Civ. P. 6.02. <br />