The deadline for filing the amended complaint is first calculated by determining the fifth working day from the day after the filing of the order and then adding three days for mailing. Respondents moved to dismiss the complaint on the grounds that the statute relied upon by the state prohibits the theft of medical services and respondents were providers of medical supplies. P. 17.06, subd. The court administrator served the order by mail on September 24, 1996. The pertinent dates and events are displayed on the calendar below.
Second judge finds probable cause for amended complaint.
The court of appeals agreed with the reasoning of the district court that adding three days for service by mail to the five days prescribed in the order results in a time period of eight days to file the amended complaint. Determination of procedural matters is a function of the judiciary. Construction of a rule of procedure is a question of law subject to de novo review. In this case, the issuing judge granted the state's request for leave to file an amended complaint. Minn. R. Crim.