Sec. 6. (a) If a
person objects or otherwise fails to obey a written demand issued under section 3 of this chapter, the
attorney general may file in the circuit or superior court of the county in which that person resides or maintains a principal place of business within the state an application for an order to enforce the demand. If the person does not reside or maintain a principal place of business in Indiana, the application for the order to enforce the demand may be filed in the Marion County circuit or superior court. Notice of hearing and a copy of the application shall be served upon that person, who may appear in opposition to the application. The attorney general must demonstrate to the court that the demand is proper. If the court finds that the demand is proper, it shall order that person to comply with the demand, subject to such modification as the court may prescribe.
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Terms Used In Indiana Code 4-6-3-6
- 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
- Person: means a human being, an incorporated or unincorporated organization, or association, a trustee or legal representative, the state of Indiana, a political subdivision, a state or local agency, or a group of such persons acting in concert. See Indiana Code 4-6-3-1
(c) Upon motion by that person and for good cause shown, the court may make any further order in the proceedings which justice requires to protect the person from unreasonable annoyance, embarrassment, oppression, burden, expense, or to protect privileged information, trade secrets or information which is confidential under any other provision of law. If the court finds that either party has acted in bad faith in seeking or resisting the demand, it may order that person to pay the other parties reasonable expenses including attorney’s fees.
(d) In a review of an application for an order to enforce a demand under IC 25-1-8.5, the court shall:
(1) order any documents submitted to the court to be under seal;
(2) conduct any review of the documents in camera; and
(3) issue any order related to the case under seal;
to protect all information submitted concerning the review.
As added by Acts 1982, P.L.20, SEC.6. Amended by P.L.136-2007, SEC.1; P.L.65-2014, SEC.1; P.L.95-2024, SEC.1.
