8:30 – 9:00 a.m.
IN-PERSON CHECK-IN & CONTINENTAL BREAKFAST

9:00 – 9:15 a.m.   
Welcome and Introduction
– Alethea M. Huyser, Institute Chair
– Christopher W. Bowman, Section Chair

9:15 – 9:45 a.m.   
A Message from the U.S. Court of Appeals for the Eighth Circuit
– Chief Judge Lavenski R. Smith
… And the Minnesota Supreme Court
– Chief Justice Lorie Skjerven Gildea
… And the Minnesota Court of Appeals
– Chief Judge Susan Segal

9:45 – 10:45 a.m.
Minnesota Appellate Developments – 2022-2023 Midterm Update
Civil and criminal law attorneys from both sides of the caption discuss some of the important decisions from the 2022-2023 Term from the Minnesota Supreme Court and the Minnesota Court of Appeals, and what those decisions may mean for Minnesota jurisprudence moving forward.
– Christopher W. Bowman, Jonathan P. Schmidt, Katie S. Barrett Wiik & Jenna Yauch-Erickson

10:45 – 11:00 a.m.
BREAK

11:00 a.m. – 12:00 p.m.
MORNING BREAKOUT SESSIONS

101
The Nuts and Bolts of an Appeal
This session will provide an overview of how to do an appeal, and will cover everything from important dates and deadlines, to the technical rules, to how to present and craft effective appellate arguments. Learn tips and strategies on best practices for drafting your appellate briefs and what common pitfalls to avoid. This session will include information about appeals from both criminal and civil perspectives.
– Angela Behrens & John Donovan

102
Introducing the MSBA Appellate Practice Section’s Moot-Argument Program
This introduction of the Appellate Practice Section's new moot program will discuss oral-argument prep and focus on how to most effectively help out at moots. This session will outline different types of moots, the ways to prep for those moots, things that judges at moots can do to best help the person being mooted, and how very helpful moots can be as a form of preparation.
– Benjamin J. Butler, Katherine L. MacKinnon & Daniel Rogan
– Adam E. Petras (moderator)

103
For Appellate Attorneys, the Generalist Is the Best Specialist
This session will explore the benefits of maintaining a generalist practice to help build trial and appellate skills, which are essential for any civil litigator but are becoming more difficult to develop due to lawyer specialization and fewer opportunities. Learn how to survive and thrive as a generalist as the legal landscape becomes more and more specialized, and hear other tips and strategies of practice.
– Justice G. Barry Anderson, Erica A. Holzer & Scott V. Kelly
– Jevon C. Bindman (moderator)

12:00 – 12:40 p.m.
LUNCH (provided to in-person attendees)
Join us for Appellate Trivia!

12:40 – 1:40 p.m.
The Art of the Answer: How to Effectively Respond to Questions at Oral Argument
This engaging panel of appellate specialists and jurists will provide practical advice on how (and how not) to answer questions at oral argument. In addition to discussing best practices, the panel will comment on real-world examples in an engaging multi-media format. Newer and experienced appellate practitioners alike will benefit from this skills-oriented panel.
– Justice Margaret H. Chutich, Judge Jennifer L. Frisch & Eric J. Magnuson
– Kyle R. Kroll (moderator)

1:40 – 1:55 p.m.
Minnesota Appeals by the Numbers
This session will review and highlight statistics from Minnesota appellate courts regarding appeals, practitioners, and cases.
– Rachel L. Dougherty & Devin T. Driscoll

1:55 – 2:40 p.m.
PFRs: Pulling Back the Curtain
Join Minnesota Supreme Court Justice G. Barry Anderson, Minnesota Supreme Court Commissioner Timothy Droske, and moderator Travis Smith for a behind the scenes look at what happens at the Court after a petition for review is filed. Gain valuable insights into the role of the Commissioner’s Office in the process and what the Court considers when deciding whether to grant discretionary review.
– Justice G. Barry Anderson & Timothy J. Droske
– Travis J. Smith (moderator)

2:40 – 2:50 p.m.
BREAK

2:50 – 3:50 p.m.
AFTERNOON BREAKOUT SESSIONS

201
Not Throwing Away Your Shot: Preserving Appellate Issues at the District Court
Failing to preserve an issue can doom your case before it reaches an appellate court. In this session, Caitlinrose Fisher and Virginia McCalmont discuss the basics of preserving issues for appeal, including how to effectively make a record in the district court, the use of pre- and post-trial motions, and how to address waiver at the appellate court. This program will cover issue preservation in both the criminal and civil contexts.
– Caitlinrose H. Fisher & Virginia R. McCalmont

202
Appellate Motion Practice – When, Where and How to Move
We’re all familiar with the standard appellate brief. But motion practice can make or break the outcome in many appeals. Join a group of experienced, knowledgeable panelists for a discussion about appellate motion practice. Covering everything from motions to stay to motions to dismiss for lack of jurisdiction, and motions for leave to participate as an amicus to motions for rehearing en banc, this panel will discuss when motions should be made, how they should be presented, how to respond to them, and what factors are considered when determining whether they will be granted or denied. Attendees will learn essential tools for handling appellate motions, across state and federal appellate courts, in their own practice.
– Judge Theodora Gaïtas, Mahesha P. Subbaraman & Aaron D. Van Oort
– Cicely R. Miltich (moderator)

203
State Appeals: Practice Points for Prosecutors and Defense Counsel
Hear tips and strategies from both the prosecutorial and defense perspective when it comes to state appeals. Learn each side’s approach and main objectives. Topics to include the various types of state appeals under Minn. R. Crim. P. 28.04, procedures, critical impact, timelines, fees and more.
– Matthew G. Frank & Cathryn Middlebrook

3:50 – 4:00 p.m.
BREAK

4:00 – 5:00 p.m.
KEYNOTE PRESENTATION
States at the Forefront of Constitutional Litigation: A Conversation with Two State Solicitor Generals
States are often at the center of today's most pressing issues in constitutional litigation. Ryan Park, the Solicitor General of North Carolina, has appeared before the U.S. Supreme Court in recent years as the Court grapples with complex questions on affirmative action, partisan gerrymandering, and sovereign immunity. Liz Kramer, the Solicitor General of Minnesota, oversaw the state's litigation strategy regarding the 2020 and 2022 elections, COVID-19 executive orders, and cases involving reproductive rights. Join both state solicitor generals in a conversation about the interaction between state and federal constitutional law and contemporary challenges they face in representing states at the U.S. and state courts of last resort.
– Liz Kramer & Ryan Y. Park
– Elizabeth G. Bentley (moderator)

5:00 – 5:30 p.m.
Fireside Chat with Justice Paul C. Thissen
Hear reflections on appeals and get to know Justice Thissen during the traditional Fireside Chat.
– Justice Paul C. Thissen
– Alethea M. Huyser (moderator)

5:30 – 6:00 p.m.
INSTITUTE RECEPTION
A fun time to catch up with colleagues and friends!

LIVE IN-PERSON
NOW BEING PRESENTED LIVE ONLINE
Friday, February 24, 2023
Attend online
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

ONLINE REPLAY
Friday, March 17, 2023
Attend online
Online replay includes all plenary and breakout sessions. A moderator will be available to answer questions by email.

$295 MSBA members / $295 paralegals / $345 standard rate

Other discounts that may apply:

• Discounted Rate for Public Interest Attorneys:
  Persons who work for the government, public institutions or nonprofit organizations are eligible for a discounted tuition rate of $100. This special tuition rate is co-sponsored by the MSBA Appellate Practice Section and is limited to the first 40 qualifying applicants. Please email customerservice@minncle.org or call 800-759-8840 to apply.
• Season Pass Discount
• New Lawyer Discount

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 7.0 standard CLE credits. The maximum number of total credits attendees may claim for this program is 7.0 credits.

Minnesota CLE also has applied to the Minnesota State Bar Association for 7.0 civil trial specialist credits.