Indiana Code 24-12-4-2. Required CPAP notice
(1) each of the other parties in the civil proceeding; and
Terms Used In Indiana Code 24-12-4-2
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Contract: A legal written agreement that becomes binding when signed.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
written notice that the consumer claimant has entered into a CPAP contract with a CPAP provider.
(b) A consumer claimant or the consumer claimant’s attorney shall provide the written notice required by subsection (a) within a reasonable time after the date on which the consumer claimant and the CPAP provider enter into the CPAP contract, regardless of whether any other party in the civil proceeding is aware of the existence of or seeks information about the CPAP contract.
(c) Subsection (a) does not apply if the court in which the civil proceeding is filed issues an order excusing the consumer claimant from the duty to provide the written notice required by subsection (a).
(d) In a civil proceeding in which a consumer claimant is a party, the existence and contents of the CPAP contract are subject to discovery under the Indiana Rules of Trial Procedure by:
(1) a party other than the consumer claimant; or
(2) an insurer that has a duty to defend another party in the civil proceeding.
(e) The written notice provided under subsection (a) is not admissible as evidence in a court proceeding.
As added by P.L.63-2023, SEC.1.