2005-11-30 CC Packet - Laserfiche WebLink

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determination is lost. The Demand must be in the form of a civil complaint filed with the court administrator in the county where the vehicle was seized along with proof of service on the prosecutor having jurisdiction over the forfeiture, as well as the forfeiting agency. A Certificate of Representation & Informational Statement must be filed with the court, along with the Demand. If the vehicle is valued at $7500 or less, the claimant may file an action in conciliation court for recovery of the seized vehicle. This may not be cost effective for the claimant represented by counsel, in that even if the conciliation court orders the return of the vehicle, that decision can be removed by the prosecutor to district court for a trial de novo under Minn.R.Prac. 521. The claimant must serve the prosecutor and the forfeiting agency with a copy of the conciliation court statement of claim within the 30-day window. 9169A.63, subd. 7(d). Failure to properly serve a Demand or conciliation court statement of claim within 30 days of service of the Notice is jurisdictional and not subject to waiver by the parties. Garde v. One 7992 Ford Explorer, 662 N.W.2d 165 (Minn.App. 2003). 2. Judicial Review of License Revocation Where the offender has two prior impaired driving incidents in the preceding 10 years, it is crucial that a petition for judicial review of the license revocation be filed under 9169A.53, subd. 2. Failure to contest the license revocation will allow the forfeiture to be perfected by default under 9169A.63, subd. 7(a)(3). Therefore, even if the 3rd in 10 offender already has a revoked license, a petition for review is necessary to preserve the right to judicial review of the forfeiture. 3. Hearing This is an independent civil action that cannot be combined with the implied consent hearing. 9169A.63, subd. 9 governs all aspects of the judiCial determination proceedings. The review of the forfeiture action is conducted before a district judge in the jurisdiction where the alleged offense occurred. There is no right to a jury trial. In larger counties, such as Hennepin, the court administrator will as a matter of course assign the forfeiture contest to a judge as part of their civil block on the filing of the Demand. The assigned judge will then handle the scheduling of pretrial conferences, motions and trial. SEnLEMENT OF THE FORFEITURE ACTION Most contested forfeiture matters settle prior to hearing. Once the criminal case is disposed of or the judicial review of the license revocation 12 6 J..