Minnesota Statutes 373.10 – Proceedings On Appeal
Within ten days after an appeal has been taken, the auditor shall, without charge, file in the office of the court administrator a certified copy of the claim and a transcript of the record of the action of the board on it, together with a copy of the notice of appeal, and the date of its filing in the auditor’s office. The proceedings shall be put upon the calendar for trial as an issue of fact. The court shall direct pleadings to be made as in a civil action, upon which the proceeding shall be tried, and all questions of law summarily heard and determined. Issues of fact shall be tried and judgment rendered and perfected as in a civil action but no execution shall issue on the judgment except for the collection of a counterclaim or costs and disbursements in case of a judgment for them against a claimant.
Terms Used In Minnesota Statutes 373.10
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- court administrator: means the court administrator of the court in which the action or proceeding is pending, and "court administrator's office" means that court administrator's office. See Minnesota Statutes 645.44
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.