Section 23A-50-3 – Report on mental health conditions of bond.
23A-50-3. Report on mental health conditions of bond. The Unified Judicial System shall collect and report to the oversight council the number and percent of defendants for whom mental health assessment and mental health treatment is required as a condition of bond, and the number and percent of those with assessment and treatment as a […]
Section 23A-49-13 – Civil action–Standard of proof.
23A-49-13. Civil action–Standard of proof. Any forfeiture proceeding is a civil action against the property seized and the standard of proof shall be preponderance of the evidence. Source: SL 2016, ch 138, §13.
Section 23A-49-14 – Procedure in forfeiture proceedings involving property other than real property or conveyances.
23A-49-14. Procedure in forfeiture proceedings involving property other than real property or conveyances. If property described in subdivisions 34-20B-70(2), (3), (5), (6), and (7) or 22-24A-15(2), (3), (5), (6), and (7) is seized, the attorney general shall file a summons and complaint for forfeiture of the property in circuit court for the county in which […]
Section 23A-49-15 – Procedure in forfeiture proceedings involving real property or conveyances.
23A-49-15. Procedure in forfeiture proceedings involving real property or conveyances. If property described in §23A-49-1 or subdivision 34-20B-70(4) or 22-24A-15(4) is seized, the attorney general shall file a summons and complaint for forfeiture of the property in circuit court of the county in which the property was seized or is being held. The proceedings shall […]
Section 23A-49-16 – Service of process by mail where person released on bail.
23A-49-16. Service of process by mail where person released on bail. If a person as described in §§23A-49-14 and 23A-49-15 is released on bail as provided by chapter 23A-43, a summons and complaint for forfeiture of the property may be served by mailing the summons and complaint by certified mail, no return receipt required, to […]
Section 23A-49-17 – Answer by party in interest.
23A-49-17. Answer by party in interest. Within thirty days after the service of the notice pursuant to §23A-49-14 or 23A-49-15, the owner of the seized property and any other party in interest or claimant may file a verified answer to the claims described in the complaint instituting the forfeiture proceedings. Source: SL 2016, ch 138, […]
Section 23A-49-18 – Disposition of property by court where no appearance made.
23A-49-18. Disposition of property by court where no appearance made. If at the end of thirty days after the notice has been served there is no verified answer on file and no claimant has appeared to defend the complaint, the court shall order the disposition of the seized property as requested in the complaint. Source: […]
Section 23A-49-9 – Time for instituting proceedings.
23A-49-9. Time for instituting proceedings. If a seizure pursuant to §23A-49-7 or subdivisions 23A-49-8(1), (3), or (4) occurs, the attorney general shall institute, within sixty days of the seizure, the proceedings pursuant to §23A-49-14 or 23A-49-15. Source: SL 2016, ch 138, §9.
Section 23A-49-10 – Seized property subject only to order of court or official.
23A-49-10. Seized property subject only to order of court or official. No property taken or detained pursuant to this chapter is replevinable or subject to an action in claim and delivery. However, the property is deemed to be in the custody of the attorney general, subject only to the orders and decrees of the court […]
Section 23A-49-11 – Attorney general action with respect to seized property.
23A-49-11. Attorney general action with respect to seized property. If property is seized under the provisions of this chapter, the attorney general may: (1)Place the property under seal; (2)Remove the property to a place designated by the attorney general; or (3)Take custody of the property and remove it to an appropriate location for disposition in […]