Sec. 11. When declaratory relief is sought, all persons shall be made parties who have or claim any interest that would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding in which a statute, ordinance, or franchise is alleged to be unconstitutional, the court shall certify this fact to the attorney general, and the attorney general shall be permitted to intervene for presentation of evidence, if evidence is otherwise admissible in the case, and for arguments on the question of constitutionality. In any proceeding that involves the validity of a municipal ordinance or franchise, the municipality shall be made a party, and shall be entitled to be heard. If the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state shall also be served with a copy of the proceeding and be entitled to be heard.
Ind. Code § 34-14-1-11
Parties to action; municipalities and attorney general as parties; right of attorney general to intervene
Known as the Uniform Declaratory Judgments Act
The act spans §§ 34-14-1-1 to 34-14-1-9 (16 sections).
Applied in 6 court decisions — leading case Bellows v. BD. OF COM'RS OF CTY. OF ELKHART (2010)
Most recently applied in Selective Insurance Co. of America v. Smiley Body Shop, Inc. (May 2017)
As added by P.L.1-1998, SEC.9
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.