Minnesota Statutes 15C.06 – Prosecuting Attorney Intervention; Motion to Extend Time; Unsealing of Complaint
Terms Used In Minnesota Statutes 15C.06
- 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.
- Chambers: A judge's office.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Plaintiff: The person who files the complaint in a civil lawsuit.
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
(a) Within 60 days after receiving a complaint and disclosure under section 15C.05, the prosecuting attorney shall intervene or decline intervention or, for good cause shown, move the court to extend the time for doing so. The motion may be supported by affidavits or other submissions in chambers.
(b) The complaint must be unsealed after the prosecuting attorney decides whether or not to intervene.
(c) Notwithstanding the prosecuting attorney’s decision regarding intervention in an action brought by a plaintiff under section 15C.05, the prosecuting attorney may pursue the claim through any alternate remedy available to the state, including an administrative proceeding to determine a civil monetary penalty. If the prosecuting attorney pursues an alternate remedy in another proceeding, the person initiating the action has the same rights in that proceeding as if the action had continued under section 15C.05. A finding of fact or conclusion of law made in the other proceeding that has become final is conclusive on all parties to an action under section 15C.05. For purposes of this paragraph, a finding or conclusion is final if it has been finally determined on appeal to the appropriate state court, if the time for filing an appeal has expired, or if the finding or conclusion is not subject to judicial review.