§ 5-11-5.5-9 — Service of subpoena; statute of limitations; burden of proof; estoppel

Indiana § 5-11-5.5-9

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 11: ACCOUNTING FOR PUBLIC FUNDS
• Ch. 5.5: False Claims and Whistleblower Protection

Text

(a) A subpoena requiring the attendance of a
witness at a trial or hearing conducted under this chapter may be served
at any place in the state.
(b) A civil action under section 4 of this chapter is barred unless it
is commenced:
(1) not later than six (6) years after the date on which the violation
is committed; or
(2) not later than three (3) years after the date when facts material
to the cause of action are discovered or reasonably should have
been discovered by a state officer or employee who is responsible
for addressing the false claim. However, an action is barred unless
it is commenced not later than ten (10) years after the date on
which the violation is committed.
(c) In a civil action brought under this chapter, the state is required
to establish:
(1) the essential elements of the offense; and
(2) damages;
by a preponderance of the evidence.
(d) If a defendant has been convicted (including a plea of guilty or
nolo contendere) of a crime involving fraud or a false statement, the
defendant is estopped from denying the elements of the offense in a
civil action brought under section 4 of this chapter that involves the
same transaction as the criminal prosecution.

Legislative History

As added by P.L.222-2005, SEC.23.