§ 20-23-10-7 — Remonstrances; form

(a) A remonstrance under section 6 of this
chapter:
(1) must be in substantially the following form:
The undersigned hereby remonstrates against the merger of the
school corporations in ____________ county;
(2) may be filed in counterparts that must have attached:
(A) the affidavit of the person circulating it;
(B) a statement that each signature appearing on the
remonstrance was affixed in the presence of the person
circulating the remonstrance; and
(C) a statement that each signature is the true and lawful
signature of the person who made it;
(3) shall be accompanied by a complaint filed by one (1) or more
of the remonstrators (who shall be treated as a representative of
the entire class of remonstrators); and
(4) shall be signed by the remonstrator or the remonstrator's
attorney, stating the reasons for the remonstrance, where these
reasons are limited to the following:
(A) There is a procedural defect in the manner that the merger
is carried out which is jurisdictional.
(B) The benefits to be derived from the merger are outweighed
by its detriments, taking into consideration the respective
benefits and detriments of the students and inhabitants residing
in the school corporations of the county.
(b) A person who makes an affidavit under subsection (a) does not
have to be one (1) of the persons who signs the counterpart attached to
the affidavit.
(c) The plaintiff in the suit is the person whose name appears on the
complaint. The defendants in a remonstrance under section 6 of this
chapter are the school corporations in the county. Service of process
shall be made on the defendants as in other civil actions.
(d) To determine whether the petition was timely filed, the time of
filing is the time of filing with the clerk of the circuit court without
regard to the time of issuance of the summons. If the thirtieth day falls
on Sunday, a holiday, or another day when the clerk's office is not
open, the time is extended to the next day when the clerk's office is
open.
(e) The issues in a remonstrance suit are made up by the complaint,
the allegations of the complaint being considered denied by the
defendant or defendants. A responsive pleading does not need to be
filed. However, a defendant may file a motion to dismiss the suit on the
ground:
(1) that the requisite number of qualified remonstrators have not
signed the petition;
(2) that the remonstrance was not timely filed; or
(3) that the complaint does not state a cause of action.
(f) A responsive pleading to a motion to dismiss under subsection
(e) does not need to be filed.
(g) With respect to a motion under subsection (e)(1) and (e)(2), the
allegations are considered denied by the remonstrators.
(h) To determine whether there are the requisite number of qualified
remonstrators under subsection (e)(1), a person may not:
(1) withdraw the person's name after a remonstrance has been
filed; or
(2) add the person's name to a remonstrance that has been filed.
(i) At a trial for a remonstrance suit, a person may, in support or
derogation of the substantive matters in the complaint, introduce into
evidence a verified statement that the person wishes that the person's
name be added to or withdrawn from the remonstrance.
(j) The court may either hear all or a part of the matters raised by a
motion to dismiss separately or may consolidate for trial all or a part of
the matters with the matters relating to the substance of the case.
(k) A complaint may not be dismissed for failure to state a cause of
action, if a fair reading of the complaint makes out one (1) of the
grounds for remonstrance and suit provided in subsection (a).
(l) An amendment of the complaint may be permitted in the
discretion of the court if the complaint does not state a new ground of
remonstrance.
(m) The trial of a remonstrance suit shall be conducted as other civil
cases by a court without the intervention of a jury on the issues raised
by the:
(1) complaint; or
(2) motion to dismiss.
(n) In a remonstrance suit:
(1) a change of venue from a judge, but no change of venue from
the county, is permitted;
(2) the court will expedite the hearing of the case; and
(3) the court's judgment must be either that:
(A) the merger takes place;
(B) the merger does not take place; or
(C) the remonstrance is dismissed.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-4-19-4.]

Legislative History

As added by P.L.1-2005, SEC.7.