Indiana § 34-33.1-1-1 Authority of the attorney general to intervene to defend the
constitutionality of a state statute; duty of the court to notify the
attorney general

Indiana Statutes

§ 34-33.1-1-1 — Authority of the attorney general to intervene to defend the constitutionality of a state statute; duty of the court to notify the attorney general

Indiana § 34-33.1-1-1

Title 34CIVIL LAW AND PROCEDURE

Art. 33.1AUTHORITY OF THE ATTORNEY GENERAL

Ch. 1Authority of the Attorney General to Intervene in Cases

This text of Indiana § 34-33.1-1-1 (Authority of the attorney general to intervene to defend the constitutionality of a state statute; duty of the court to notify the attorney general) 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 § 34-33.1-1-1 (2026).

Text

(a)If the constitutionality of a state statute, ordinance, or franchise affecting the public interest is called into question in an action, suit, or proceeding in any court to which any agency, officer, or employee of the state is not a party, the court shall certify this fact to the attorney general and shall permit the attorney general to intervene on behalf of the state and present:

(1)evidence that relates to the question of constitutionality, if the evidence is otherwise admissible; and

(2)arguments on the question of constitutionality.

(b)If a party to an action bases its claim or defense on:

(1)a statute or executive order administered by a state officer or agency; or

(2)a rule, order, requirement, or agreement issued or made under the statute or executive order; the attorney

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(a) If the constitutionality of a state statute,
ordinance, or franchise affecting the public interest is called into
question in an action, suit, or proceeding in any court to which any
agency, officer, or employee of the state is not a party, the court shall
certify this fact to the attorney general and shall permit the attorney
general to intervene on behalf of the state and present:
(1) evidence that relates to the question of constitutionality, if the
evidence is otherwise admissible; and
(2) arguments on the question of constitutionality.
(b) If a party to an action bases its claim or defense on:
(1) a statute or executive order administered by a state officer or
agency; or
(2) a rule, order, requirement, or agreement issued or made under
the statute or executive order;
the attorney general shall be permitted to intervene in the action.