Rule Text
When full return has been made, the court shall fix a time and place for hearing. In addition to the record made by the return, the court may receive any transcript or recording of the original proceeding and such other oral or written evidence explaining the matters contained in the return. Unless otherwise specially provided by statute, such transcript, recording, or additional evidence shall be considered only to determine the legality of the proceedings or the sufficiency of the evidence before the original tribunal, board, officer, or magistrate.
Amendment history: Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002; October 31, 2008, effective January 1, 2009
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
Once all the required paperwork has been filed with the court, a hearing date and location will be set. At this hearing, the judge can look at more than just the basic paperwork. The judge may also review a transcript or recording from the original proceeding, along with other spoken or written evidence that helps explain what happened.
However, there's an important limit on how this extra evidence can be used. The judge can only look at it to answer two specific questions: was the original proceeding handled legally, and was there enough evidence to support what the original tribunal, board, officer, or magistrate decided. Unless a specific law says otherwise, the judge cannot use this additional evidence to reconsider the whole case from scratch or make a completely new decision on the facts. The review stays focused on whether the original process followed the law and had enough evidence behind it.