§ 4-6-4-1 — Actions against state, state agencies, and officers and employees; service of pleadings, motions, and court rulings; time requirement suspended until service; notice of trial date in probate proceedings

Indiana § 4-6-4-1

• Jurisdiction: Indiana
• Art. 6: ATTORNEY GENERAL
• Ch. 4: Service of Copies on Attorney General in Actions,

Text

Whenever any action, counter-claim, petition, or
cross-complaint is filed in any court in this state in which the state of
Indiana or any board, bureau, commission, department, division,
agency, or officer or employee in the employee's capacity as an
employee of the state of Indiana is a party and the attorney general is
required or authorized to appear or defend, or when the attorney
general is entitled to be heard, a copy of the complaint,
cross-complaint, petition, bill, or pleading shall be served on the
attorney general and the action, cross-action, or proceeding shall not be
considered to be commenced as to the state or any board, bureau,
commission, department, division, agency, or officer or employee in
the employee's capacity as an employee of the state of Indiana until
service. Whenever the attorney general has appeared in any suit, action,
or proceeding, copies of all motions, demurrers, petitions, and
pleadings filed shall be served upon the attorney general by the party
filing the motion, demurrer, petition, or pleading. The clerk of the court
shall cause to be served upon the attorney general a copy of the ruling
made by the court upon the motions, demurrers, petitions, and
pleadings, and the ruling shall not be considered effective in any
manner as against the attorney general or as against the state of Indiana
or any board, bureau, commission, department, division, agency, or
officer or employee in the employee's capacity as an employee of the
state of Indiana unless and until a copy shall be served upon the
attorney general or any deputy attorney general as provided in section
2 of this chapter. In any action in which the attorney general is required
or authorized to appear or defend or entitled to be heard, in which
action some matter or thing occurs upon which occurrence time begins
to run, the running of time shall be suspended as to the attorney general
until service is had upon the attorney general or any deputy attorney
general as provided in section 2 of this chapter. Whenever any claim
filed for and on behalf of the state of Indiana or any board, bureau,
commission, department, division, agency, officer, or institution of the
state of Indiana in any estate or guardianship pending in any court
having probate jurisdiction in the state of Indiana is not allowed and the
clerk of the court, administrator, administratrix, executor, executrix, or
guardian transfers the claim to the trial docket, the claim shall not be
disposed of nor shall any disposition made of the claim be deemed to
be a final adjudication unless and until due notice of the trial date of
the claim shall be served on the attorney general or any deputy attorney
general as provided in section 2 of this chapter at least ten (10) days
prior to the date set for trial of the claim.
Formerly: Acts 1945, c.3, s.1; Acts 1947, c.196, s.1; Acts 1965,
c.374, s.1. As amended by P.L.5-1984, SEC.18; P.L.215-2016,
SEC.41.