Indiana § 34-13-6-2 Pleading; motions to dismiss complaint or appeal

Indiana Statutes

§ 34-13-6-2 — Pleading; motions to dismiss complaint or appeal

Indiana § 34-13-6-2

Title 34CIVIL LAW AND PROCEDURE

Art. 13CAUSES OF ACTION: CLAIMS AGAINST THE

Ch. 6Appeals From Actions of Municipalities

This text of Indiana § 34-13-6-2 (Pleading; motions to dismiss complaint or appeal) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 34-13-6-2 (2026).

Text

A pleading is not required by the municipality to the complaint on appeal since the allegations of the complaint are considered to be denied. The municipality may file a motion to dismiss the complaint by presenting any question of law regarding the sufficiency of the complaint on its face. The municipality may also file a motion to dismiss the appeal:

(1)on the ground that the complaint was not filed within the time prescribed by law; or

(2)on any other jurisdictional ground affecting the subject matter or the parties. [Pre-1998 Recodification Citation: 34-4-17.5-2.]

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A pleading is not required by the municipality
to the complaint on appeal since the allegations of the complaint are
considered to be denied. The municipality may file a motion to dismiss
the complaint by presenting any question of law regarding the
sufficiency of the complaint on its face. The municipality may also file
a motion to dismiss the appeal:
(1) on the ground that the complaint was not filed within the time
prescribed by law; or
(2) on any other jurisdictional ground affecting the subject matter
or the parties.
[Pre-1998 Recodification Citation: 34-4-17.5-2.]