Indiana Code 23-2-6-42. Burden of proof; exemptions
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Sec. 42. If a person claims an exemption in any complaint, information, indictment, writ, or proceeding under this chapter:
(2) the party claiming the exemption bears the burden of proof concerning the existence of the exemption.
(1) the commissioner is not required to disprove the exemption; and
Terms Used In Indiana Code 23-2-6-42
- commissioner: refers to the securities commissioner appointed under IC 23-19-6-1(a). See Indiana Code 23-2-6-2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- person: means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government. See Indiana Code 23-2-6-14
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
As added by P.L.177-1991, SEC.10.