Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 387-H.F.No. 1486 
           An act relating to courts; providing for the appeal of 
          various matters to the court of appeals; amending 
          Minnesota Statutes 1983 Supplement, sections 299D.03, 
          subdivision 11; 412.861, subdivision 3; 625.09; 
          625.11; 625.14; and 629.62. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1983 Supplement, section 
299D.03, subdivision 11, is amended to read: 
    Subd. 11.  [REVIEW OF ARBITRATION AWARD.] Any state trooper 
who is so suspended, demoted, or dismissed may have such the 
decision or determination of the arbitrator reviewed pursuant to 
the Uniform Arbitrator Act in the district court of the county 
where such trooper resides appeals.  If such the decision or 
determination of the arbitrator shall be is finally rejected or 
modified by the court, the trooper shall be reinstated in his 
position, and the commissioner shall pay to the trooper so 
suspended out of the funds of the state the salary or wages 
withheld from him pending the determination of the charges or as 
may be directed by the court. 
    Sec. 2.  Minnesota Statutes 1983 Supplement, section 
412.861, subdivision 3, is amended to read: 
    Subd. 3.  [APPEAL TO DISTRICT COURT COURT OF APPEALS.] 
Appeals may be taken to the district court of appeals in the 
manner prescribed by court rule.  If the defendant appeals, he 
shall give bond to the city, to be approved by the court, 
conditioned that, if the judgment be affirmed in whole or in 
part, he will pay the judgment, and all costs and damages 
awarded against him on the appeal.  In case of affirmance, 
execution may issue against both defendant and his sureties.  
Upon perfection of the appeal, defendant shall be discharged 
from custody. 
    Sec. 3.  Minnesota Statutes 1983 Supplement, section 
625.09, is amended to read: 
    625.09 [APPEAL.] 
    Any person aggrieved by the order of any county or 
municipal judge requiring him to recognize may, on giving the 
security required, appeal to the district court in the same 
county or in another county in the same judicial district of 
appeals. 
    Sec. 4.  Minnesota Statutes 1983 Supplement, section 
625.11, is amended to read: 
    625.11 [PROCEEDINGS ON APPEAL.] 
    The court before which the appeal is prosecuted may affirm 
the order of the judge, or discharge the appellant, or may 
require the appellant to enter into a new recognizance, with 
sufficient sureties, in such for a sum and for such a length of 
time as the court deems proper.  The district court of appeals 
may also make an order relating to the costs of prosecution as 
it deems just and reasonable. 
    Sec. 5.  Minnesota Statutes 1983 Supplement, section 
625.14, is amended to read: 
    625.14 [RECOGNIZANCE TRANSMITTED TO DISTRICT COURT OF 
APPEALS.] 
    Every recognizance taken in pursuance of section 625.13 
shall be transmitted by the judge to the district court for the 
county of appeals on or before the first day of the next term, 
and shall be filed and recorded by the clerk of the appellate 
courts. 
    Sec. 6.  Minnesota Statutes 1983 Supplement, section 
629.62, is amended to read: 
    629.62 [APPLICATION FOR BAIL, JUSTIFICATION.] 
    When a party in custody desires to give bail, the offense 
being bailable, and the district court is not in session in the 
county, he may apply to a judge of district court, or a judge of 
the supreme court of appeals, upon his affidavit showing the 
nature of the application and the names of the persons to be 
offered as bail, with a copy of the mittimus or papers upon 
which he is held in custody.  The judge may then, by order, 
direct the sheriff to bring up the party, at a time and place 
named, for the purpose of giving bail.  Notice of the 
application shall be given to the county attorney, if within the 
county, and no matters shall be inquired into except those which 
relate to the amount of bail and the sufficiency of the 
sureties.  Sureties shall in all cases justify by affidavit, or 
upon oral examination before the court. 
    Approved April 17, 1984