Indiana Code 34-33.1-1-1. Authority of the attorney general to intervene to defend the constitutionality of a state statute; duty of the court to notify the attorney general
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Sec. 1. (a) If the constitutionality of a state statute, ordinance, or franchise affecting the public interest is called into question in an action, suit, or proceeding in any court to which any agency, officer, or employee of the state is not a party, the court shall certify this fact to the attorney general and shall permit the attorney general to intervene on behalf of the state and present:
(2) arguments on the question of constitutionality.
(1) evidence that relates to the question of constitutionality, if the evidence is otherwise admissible; and
Terms Used In Indiana Code 34-33.1-1-1
- 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
- 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.
- Statute: A law passed by a legislature.
(b) If a party to an action bases its claim or defense on:
(1) a statute or executive order administered by a state officer or agency; or
(2) a rule, order, requirement, or agreement issued or made under the statute or executive order;
the attorney general shall be permitted to intervene in the action.
As added by P.L.40-2010, SEC.2.