§ 611.362 — Claim for Compensation Based on Exoneration
Plain-Language Summary
A person who has been exonerated (cleared of a crime they were wrongly convicted of) can file a claim for money to compensate them. The claim is filed with the Minnesota Supreme Court and served on the state. The person must file within 60 days of receiving the exoneration order, or within 3 years if they did not receive proper notice. A guardian or agent can file on behalf of someone who is unable to file themselves.
611.362 CLAIM FOR COMPENSATION BASED ON EXONERATION.
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Subdivision 1.General.
A person who receives an order under section 590.11 determining that the person is entitled to compensation based on exoneration may bring a claim for an award under sections 611.362 to 611.368. §
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 under section 590.11, subdivision 7. The state shall respond to the claim within 60 days after service. In all matters under sections 611.362 to 611.368, 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 under section 590.11, subdivision 7, provided that if the person did not receive the notice required under section 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 under section 590.11 tolls the time in which a claim must be commenced.
History:
History: History:
2014 c 269 s 3