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<br />At the expiration of the 30 day period for contest if there has <br />been no properly seNed with a Demand or conciliation court <br />statement of claim, the agency may file an Administrative <br />Forfeiture Certificate certifying to the DPS that the vehicle <br />qualifies for forfeiture under 9169A.63 and that the <br />administrative forfeiture action has not been contested in <br />accordance with that statute. This will allow title of the vehicle <br />to be transferred into the name of the forfeiting agency. <br /> <br />4. Response to a Demand <br />The prosecutor is not required to file any responsive pleading to <br />a Demand contesting the forfeiture. Minn.Stat. 9169a.63, subd. <br />9(c). If the prosecutor chooses to respond, due to competing <br />claimants or a claim for insurance proceeds, it is as an Answer <br />and Counterclaim for Forfeiture. In response to a Demand the <br />prosecutor must file only a Certificate of Representation, and <br />Informational Statement Form pursuant to Minn.R.Prac. 104 and <br />111 within 60 days of seNice. The assigned judge's scheduling <br />order will usually require the subsequent filing of a Statement of <br />the Case pursuant to Minn.R.Prac. 112. <br /> <br />5. Motion for Summary Judgment <br /> <br />After the forfeiture is perfected by criminal conviction or license <br />revocation a Motion for Summary Judgment may be filed <br />based upon a certified criminal conviction for the underlying <br />9169A.20 violation, a copy of the criminal complaint with <br />supporting police reports, a certified driving record for the <br />offender, certified vehicle registration records, and an affidavit <br />or acknowledgment of seNice with respect to the Notice and <br />Motion. <br /> <br />6. Hearing <br />The statute at 9169A.63,subd. 9(e) creates a presumption that a <br />vehicle is properly subject to forfeiture simply by establishment <br />of its use in the commission of a designated offense or license <br />revocation. A proper Demand contesting the forfeiture <br />automatically converts the case from an administrative <br />forfeiture to a judicial forfeiture action. Due to the presumption <br />of forfeitability, the claimant must affirmatively plead and prove <br />all affirmative defenses. <br /> <br />Certified copies of court and DPS records concerning prior <br />impaired driving incidents are admissible as substantive <br />evidence to prove the commission of the designated offense. <br />The prosecutor's exhibits should include: <br />· Certified conviction of underlying 9169A.20 offense or <br />sustained license revocation <br /> <br />10 $0 <br />