§ 9-33-2-4 — Summons; service; application of rules of trial procedures; court costs and fees

Indiana § 9-33-2-4

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 33: ADMINISTRATIVE PROCEDURES
• Ch. 2: Material Error Review

Text

(a) A summons in a proceeding under this
chapter shall be issued and served in the manner provided for civil
actions. In a proceeding to review an action taken by the bureau under
IC 9-30-10, the summons and a copy of the petition shall be served on
the prosecuting attorney of the county in which the petition is filed and
the bureau. In a proceeding to review any other action taken by the
bureau, the summons and a copy of the petition shall be served on the
attorney general and the bureau.
(b) The petitioner bears the burden of proof by a preponderance of
the evidence to prevail in a proceeding under this chapter.
(c) IC 9-30-3-15 and the rules of trial procedure apply in a
proceeding under this chapter. However:
(1) a responsive pleading is not required when a petition for
review has been filed; and
(2) a person is not entitled to a change of venue from the county.
(d) In a proceeding to review an action taken by the bureau under IC 9-30-10, the prosecuting attorney of the county in which the petition is
filed shall represent the state in relation with the bureau. In a
proceeding for any other action taken by the bureau, the attorney
general shall represent the state in relation with the bureau.
(e) Court costs, including fees, shall be assessed and paid by the
petitioner at the time of filing in an amount equal to the costs, including
fees, assessed in the enforcement of infractions. However, a petitioner
whose driving privileges have been reinstated under IC 9-30-10 is
entitled to a refund of all court costs, including fees.

Legislative History

As added by P.L.149-2015, SEC.110.