Public-domain · open source
OpenJurist

Ind. Code § 34-33.1-1-1

Authority of the attorney general to intervene to defend the constitutionality of a state statute; duty of the court to notify the attorney general

Applied in 1 court decision — leading case M & M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank (2013)

Most recently applied in M & M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank (September 2013)

As added by P.L.40-2010, SEC.2.

Sec. 1. (a) If the constitutionality of a state statute, ordinance, or franchise affecting the public interest is called into question in an action, suit, or proceeding in any court to which any agency, officer, or employee of the state is not a party, the court shall certify this fact to the attorney general and shall permit the attorney general to intervene on behalf of the state and present:

(1) evidence that relates to the question of constitutionality, if the evidence is otherwise admissible; and

(2) arguments on the question of constitutionality.

(b) If a party to an action bases its claim or defense on:

(1) a statute or executive order administered by a state officer or agency; or

(2) a rule, order, requirement, or agreement issued or made under the statute or executive order;

the attorney general shall be permitted to intervene in the action.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.