17-8-405. Investigation and civil action by government attorney
17-8-405. Investigation and civil action by government attorney. The government attorney shall investigate an alleged violation of 17-8-403 and may file a civil action against any person who has violated or is violating 17-8-403. History: En. Sec. 5, Ch. 465, L. 2005; amd. Sec. 4, Ch. 64, L. 2009.
17-8-406. Complaint by person — civil action
17-8-406. Complaint by person — civil action. (1) A person may bring a civil action for a violation of 17-8-403 on behalf of the person and the governmental entity. The action must be brought in the name of the governmental entity. The action may be dismissed only if the court and the government attorney give written […]
17-8-407. Dismissal of civil action
17-8-407. Dismissal of civil action. On the motion of the government attorney, the court may dismiss a civil action notwithstanding the objection of the person who initiated the action if the government attorney has notified the person of the filing of the motion to dismiss and the court has given the person an opportunity to oppose […]
17-8-408. Repealed
17-8-408. Repealed. Sec. 11, Ch. 64, L. 2009. History: En. Sec. 8, Ch. 465, L. 2005.
17-8-409. Burden of proof — effect of criminal conviction
17-8-409. Burden of proof — effect of criminal conviction. (1) The plaintiff in an action under 17-8-405 or 17-8-406 shall prove each essential element of the cause of action, including damages, by a preponderance of the evidence. (2) A person convicted of or who pleaded guilty or nolo contendere to a criminal offense may not deny the […]