Minnesota Statutes Crimes; Expungement; Victims (Ch. 609-624) § 611.362. Claim for compensation based on exoneration

Subdivision 1.General. A person who receives an order undersection 590.11determining that the person is entitled to compensation based on exoneration may bring a claim for an award undersections 611.362to611.368.

Subd. 2.Respondent; filing requirement. The state must be named as the respondent. A claimant shall serve the claim and all documents on the state through the commissioner of management and budget and file the claim with the supreme court. The claim must include a copy of the order from the district court undersection 590.11, subdivision 7. The state shall respond to the claim within 60 days after service. In all matters undersections 611.362to611.368, legal representation for the state shall be provided by either the attorney general or legal counsel for the Department of Management and Budget.

Subd. 3.Agent for claimant. If the person entitled to file a claim is incapacitated and incapable of filing the claim or is a minor or nonresident of the state, the claim may be filed on behalf of the claimant by a court-appointed guardian, the parent or guardian of a minor, or an authorized agent.

Subd. 4.Statute of limitations. A claimant must commence a claim under this section within 60 days after the date the order was issued undersection 590.11, subdivision 7, provided that if the person did not receive the notice required undersection 590.11, subdivision 7, the person may commence a claim within three years of that date. An action by the state challenging or appealing the order undersection 590.11tolls the time in which a claim must be commenced.