Indiana Code 36-8-3.5-18. Appeal to court; suspension or dismissal; precedence
(1) The county in which the unit is located.
Terms Used In Indiana Code 36-8-3.5-18
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- commission: refers to the merit commission for a merit system established under this chapter. See Indiana Code 36-8-3.5-0.2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- district: refers to a fire protection district established under IC 36-8-11. See Indiana Code 36-8-3.5-0.4
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Summons: Another word for subpoena used by the criminal justice system.
- territory: refers to a fire protection territory established under IC 36-8-19. See Indiana Code 36-8-3.5-0.6
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(3) If a district is located in:
(A) not more than one (1) county, the county in which the district is located; or
(B) at least two (2) counties, the primary county (as defined in IC 36-8-11-2).
(b) The appeal shall be made according to the Indiana rules of trial procedure with the following exceptions:
(1) The verified appeal must be filed within thirty (30) days after the date of the board’s decision.
(2) The unit, district, or territory shall be named as the sole defendant.
(3) The unit, district, or territory is assumed to have denied the allegations without filing a responsive pleading.
(4) The plaintiff must file a bond at the time of filing the complaint conditioned on the plaintiff prosecuting the appeal to a final determination and paying the court costs incurred in the appeal.
(5) Within thirty (30) days after the service of summons the commission shall file in court a complete transcript of all papers, entries, and other parts of the record relating to the case.
(c) The appeal takes precedence over other litigation pending before the court.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.234; P.L.207-2023, SEC.22.