§ 34-14-1-11 — Parties to action; municipalities and attorney general as parties; right of attorney general to intervene

Indiana § 34-14-1-11

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 14: CAUSES OF ACTION: DECLARATORY
• Ch. 1: Uniform Declaratory Judgment Act

Text

When declaratory relief is sought, all
persons shall be made parties who have or claim any interest that
would be affected by the declaration, and no declaration shall prejudice
the rights of persons not parties to the proceeding. In any proceeding
in which a statute, ordinance, or franchise is alleged to be
unconstitutional, the court shall certify this fact to the attorney general,
and the attorney general shall be permitted to intervene for presentation
of evidence, if evidence is otherwise admissible in the case, and for
arguments on the question of constitutionality. In any proceeding that
involves the validity of a municipal ordinance or franchise, the
municipality shall be made a party, and shall be entitled to be heard. If
the statute, ordinance, or franchise is alleged to be unconstitutional, the
attorney general of the state shall also be served with a copy of the
proceeding and be entitled to be heard.
[Pre-1998 Recodification Citation: 34-4-10-11.]

Legislative History

As added by P.L.1-1998, SEC.9. Amended by P.L.40-2010, SEC.1.