the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce
a private claim.
Subd. 2. Return of fugitive. When the return to this state is required of a person who has been convicted
of a crime in this state and has escaped from confinement or broken the terms of bail, probation, or parole,
the prosecuting attorney of the county in which the offense was committed, the parole board, or the chief
executive officer of the facility or sheriff of the county, from which the escape was made, shall present to
the governor a written application for a requisition for the return of such person, in which application shall
be stated the name of the person, the crime of which the person was convicted, the circumstances of escape
from confinement or of the breach of the terms of bail, probation, or parole, the state in which the person is
believed to be, including the location of the person therein at the time application is made.
Subd. 3. Procedural requirements. The application shall be verified by affidavit, shall be executed in
duplicate, and shall be accompanied by two certified copies of the indictment returned, or information and
affidavit filed, or of the complaint made to the judge, stating the offense with which the accused is charged,
or of the judgment of conviction or of the sentence. The prosecuting officer, Parole Board, chief executive
officer, or sheriff may also attach any further affidavits and other documents in duplicate as deemed proper
to be submitted with the application. One copy of the application, with the action of the governor indicated
by endorsement on it, and one of the certified copies of the indictment, complaint, information, and affidavits,
or of the judgment of conviction or of the sentence shall be filed in the Office of the Secretary of State to
remain of record in that office. The other copies of all papers shall be forwarded with the governor's
requisition.
History: (10547-33) 1939 c 240 s 23; 1979 c 102 s 13; 1983 c 359 s 127; 1985 c 265 art 10 s 1; 1986
c 444
629.24 CIVIL PROCESS NOT TO BE SERVED.
A person brought into this state by, or after waiver of, extradition based on a criminal charge, shall not
be subject to service of personal process in civil actions arising out of the same facts as the criminal
proceedings to answer which the person is being or has been returned, until the person has been convicted
in the criminal proceeding, or, if acquitted, until the person has had reasonable opportunity to return to the
state from which the person was extradited.
Any person arrested in this state charged with having committed any crime in another state or alleged
to have escaped from confinement, or broken the terms of bail, probation, or parole, may waive the issuance
and service of the warrant provided for in sections 629.07 and 629.08 and all other procedure incidental to
extradition proceedings, by executing or subscribing, in the presence of a judge of any court of record within
this state, a writing which states that the person consents to return to the demanding state; provided, that
before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform
such person of the person's rights to the issuance and service of a warrant of extradition and to obtain a writ
of habeas corpus, as provided for in section 629.10.
If and when such consent has been duly executed, it shall forthwith be forwarded to the Office of the
Governor of this state and filed therein. The judge shall direct the officer having such person in custody to
deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver
or cause to be delivered to such agent or agents a copy of such consent; provided, that nothing in this section
shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the
demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the
powers, rights, or duties of the officers of the demanding state or of this state.
Official Publication of the State of Minnesota
Revisor of Statutes
8MINNESOTA STATUTES 2023629.23