§ 32-30-7-20 — Actions by private persons; dismissal; prosecution by prosecuting attorney; costs

Indiana § 32-30-7-20

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 30: CAUSES OF ACTION CONCERNING REAL
• Ch. 7: Actions for Indecent Nuisances

Text

(a) This section applies to an indecent
nuisance complaint under this chapter filed by a private person.
(b) The court shall not voluntarily dismiss the complaint unless:
(1) the complainant and the complainant's attorney file a sworn
statement setting forth the reason why the action should be
dismissed; and
(2) the dismissal is approved in writing or in open court by the
prosecuting attorney of the circuit in which the alleged indecent
nuisance is located.
(c) If the judge believes that the action should not be dismissed, the
judge may direct the prosecuting attorney to prosecute the action to
judgment at the expense of the county.
(d) If:
(1) the action is brought by a private person;
(2) the court finds that there were no reasonable grounds or
probable cause for bringing said action; and
(3) the case is dismissed either:
(A) for the reason described in subdivision (2) before trial; or
(B) for want of prosecution;
the costs may be taxed to the person who brought the case.
[Pre-2002 Recodification Citation: 34-19-2-15.]

Legislative History

As added by P.L.2-2002, SEC.15.