Indiana Code 4-6-4-1. Actions against state, state agencies, and officers and employees; service of pleadings, motions, and court rulings; time requirement suspended until service; notice of trial date in probate proceedings
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Terms Used In Indiana Code 4-6-4-1
- Administratrix: The female counterpart of an administrator. See also
- 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
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Docket: A log containing brief entries of court proceedings.
- Executor: A male person named in a will to carry out the decedent
- Executrix: The female counterpart of an executor. See also
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Probate: Proving a will
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Sec. 1. Whenever any action, counter-claim, petition, or cross-complaint is filed in any court in this state in which the state of Indiana or any board, bureau, commission, department, division, agency, or officer or employee in the employee’s capacity as an employee of the state of Indiana is a party and the attorney general is required or authorized to appear or defend, or when the attorney general is entitled to be heard, a copy of the complaint, cross-complaint, petition, bill, or pleading shall be served on the attorney general and the action, cross-action, or proceeding shall not be considered to be commenced as to the state or any board, bureau, commission, department, division, agency, or officer or employee in the employee’s capacity as an employee of the state of Indiana until service. Whenever the attorney general has appeared in any suit, action, or proceeding, copies of all motions, demurrers, petitions, and pleadings filed shall be served upon the attorney general by the party filing the motion, demurrer, petition, or pleading. The clerk of the court shall cause to be served upon the attorney general a copy of the ruling made by the court upon the motions, demurrers, petitions, and pleadings, and the ruling shall not be considered effective in any manner as against the attorney general or as against the state of Indiana or any board, bureau, commission, department, division, agency, or officer or employee in the employee’s capacity as an employee of the state of Indiana unless and until a copy shall be served upon the attorney general or any deputy attorney general as provided in section 2 of this chapter. In any action in which the attorney general is required or authorized to appear or defend or entitled to be heard, in which action some matter or thing occurs upon which occurrence time begins to run, the running of time shall be suspended as to the attorney general until service is had upon the attorney general or any deputy attorney general as provided in section 2 of this chapter. Whenever any claim filed for and on behalf of the state of Indiana or any board, bureau, commission, department, division, agency, officer, or institution of the state of Indiana in any estate or guardianship pending in any court having probate jurisdiction in the state of Indiana is not allowed and the clerk of the court, administrator, administratrix, executor, executrix, or guardian transfers the claim to the trial docket, the claim shall not be disposed of nor shall any disposition made of the claim be deemed to be a final adjudication unless and until due notice of the trial date of the claim shall be served on the attorney general or any deputy attorney general as provided in section 2 of this chapter at least ten (10) days prior to the date set for trial of the claim.
Formerly: Acts 1945, c.3, s.1; Acts 1947, c.196, s.1; Acts 1965, c.374, s.1. As amended by P.L.5-1984, SEC.18; P.L.215-2016, SEC.41.