(a) A subpoena requiring the attendance of a witness at a trial or hearing conducted under Section 1-22-030 may be served at any place in the state.
(b) A civil action under Section 1-22-030 may not be brought:
(1) more than six years after the date on which the violation of Section 1-22-020 is committed; or
(2) more than three years after the date when facts material to the right of action are known or reasonably should have been known by the official of the city charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed, whichever occurs last.
(c) If the city elects to intervene and proceed with an action under Section 1-22-030(b), the city may file its own complaint or amend the complaint of a person who has brought an action under Section 1-22-030(b) to clarify or add detail to the claims in which the city is intervening and to add any additional claims with respect to which the city contends it is entitled to relief. For purposes of the time limitations set forth in subsection (b) of this section, any such city pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the city arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
(d) In any action brought under Section 1-22-030, the city shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
(e) Notwithstanding any other provision of law, a final judgement rendered in favor of the city in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty, shall stop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under subsection (a) or (b) of Section 1-22-030.
(Added Coun. J. 12-15-04, p. 39918, § 1; Amend Coun. J. 11-7-18, p. 88797, § 2)