Indiana Statutes
§ 34-18-11-1 — Discovery; preliminary rulings
Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 18 MEDICAL MALPRACTICE·Ch. 11 Preliminary Determination of Affirmative Defense or
(a)A court having jurisdiction over the
subject matter and the parties to a proposed complaint filed with the
commissioner under this article may, upon the filing of a copy of the
proposed complaint and a written motion under this chapter, do one (1)
or both of the following:
(1)preliminarily determine an affirmative defense or issue of law
or fact that may be preliminarily determined under the Indiana
Rules of Procedure; or
(2)compel discovery in accordance with the Indiana Rules of
Procedure.
(b)The court has no jurisdiction to rule preliminarily upon any
affirmative defense or issue of law or fact reserved for written opinion
by the medical review panel under IC 34-18-10-22(b)(1), IC 34-18-10-22(b)(2), and IC 34-18-10-22(b)(4).
(c)The court has jurisdiction to entertain a motion fi
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Legislative History
As added by P.L.1-1998, SEC.13.
Nearby Sections
15
§ 34-10-1-2
Assignment of attorney§ 34-10-1-3
Filing of claim by an offender with three prior actions dismissed as
frivolous; exception§ 34-10-2-1
Application of chapter§ 34-10-2-2
Annulment of order§ 34-11-2-1
Employment related actions§ 34-11-2-10
Enforcement of child support obligations§ 34-11-2-10.5
Employment related action by volunteer firefighter or member of
volunteer emergency medical services association§ 34-11-2-11
Written contract actions§ 34-11-2-11.5
Recovery of certain costs§ 34-11-2-13
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