Sec. 4. (a) A
summons in a proceeding under this chapter shall be issued and served in the manner provided for civil actions. In a proceeding to review an action taken by the bureau under
IC 9-30-10, the summons and a copy of the petition shall be served on the prosecuting
attorney of the county in which the petition is filed and the bureau. In a proceeding to review any other action taken by the bureau, the summons and a copy of the petition shall be served on the attorney general and the bureau.
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Terms Used In Indiana Code 9-33-2-4
- 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.
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
(c) IC 9-30-3-15 and the rules of trial procedure apply in a proceeding under this chapter. However:
(1) a responsive pleading is not required when a petition for review has been filed; and
(2) a person is not entitled to a change of venue from the county.
(d) In a proceeding to review an action taken by the bureau under IC 9-30-10, the prosecuting attorney of the county in which the petition is filed shall represent the state in relation with the bureau. In a proceeding for any other action taken by the bureau, the attorney general shall represent the state in relation with the bureau.
(e) Court costs, including fees, shall be assessed and paid by the petitioner at the time of filing in an amount equal to the costs, including fees, assessed in the enforcement of infractions. However, a petitioner whose driving privileges have been reinstated under IC 9-30-10 is entitled to a refund of all court costs, including fees.
As added by P.L.149-2015, SEC.110.
