CHAPTER 2. FILING OF INFORMATION AND SUMMONS
IC 34-17-2
Chapter 2. Filing of Information and Summons
IC 34-17-2-1
Filing of information
Sec. 1. (a) An information described in IC 34-17-1-1 may be filed:
(1) by the prosecuting attorney in the circuit court of the propercounty, upon the prosecuting attorney's own relation, wheneverthe prosecuting attorney:
(A) determines it to be the prosecuting attorney's duty to doso; or
(B) is directed by the court or other competent authority; or
(2) by any other person on the person's own relation, wheneverthe person claims an interest in the office, franchise, orcorporation that is the subject of the information.
(b) The prosecuting attorney shall file an information in the circuitcourt of the county against the county assessor or a townshipassessor under IC 34-17-1-1(2) if:
(1) the board of county commissioners adopts an ordinanceunder IC 6-1.1-4-31(f); or
(2) the city-county council adopts an ordinance underIC 6-1.1-4-31(g).
As added by P.L.1-1998, SEC.12. Amended by P.L.146-2008,SEC.678.
IC 34-17-2-2
Annulment or vacation of certain documents; procedure
Sec. 2. (a) An information to annul or vacate any letters-patent,certificate, or deed described in IC 34-17-1-2 may be filed by:
(1) the prosecuting attorney, upon the prosecuting attorney'srelation; or
(2) a private person, upon the person's relation, showing theperson's interest in the subject matter.
(b) The subsequent proceeding, judgment of the court, andawarding of costs must conform to the requirements of this articleand the letters-patent, deed or certificate shall be annulled orsustained according to the rights of the case.
As added by P.L.1-1998, SEC.12.
IC 34-17-2-3
Information to recover property
Sec. 3. (a) Following forfeiture or escheat of property as describedin IC 34-17-1-3, an information may be filed by the prosecutingattorney in the circuit court for the recovery of the property, allegingthe ground on which the recovery is claimed.
(b) Proceedings and judgment are the same as in a civil action forthe recovery of property.
As added by P.L.1-1998, SEC.12.
IC 34-17-2-4 Contest for office; single information against several persons
Sec. 4. When several persons claim to be entitled to the sameoffice or franchise, one (1) information may be filed against any orall persons making the claim, in order to try their respective rights tothe office or franchise.
As added by P.L.1-1998, SEC.12.
IC 34-17-2-5
Contents of information
Sec. 5. The information consists of a plain statement of the factsthat constitute the grounds of the proceeding, addressed to the court.
As added by P.L.1-1998, SEC.12.
IC 34-17-2-6
Usurping office; procedure
Sec. 6. (a) This section applies to an information filed against aperson for usurping an office.
(b) Whenever an information described in subsection (a) is filedby the prosecuting attorney, the prosecuting attorney shall also setforth the name of the person rightfully entitled to the office, if any,with an averment:
(1) of the person's right to the office; or
(2) that no person is entitled to the office and that a vacancy inthe office will result.
(c) When an information described in subsection (a) is filed byany other person, the person shall state the person's interest in thematter and any damages the person has sustained.
As added by P.L.1-1998, SEC.12.
IC 34-17-2-7
Summons and answer
Sec. 7. Whenever an information is filed, a summons shall issue,which shall be served and returned as in other actions. The defendantshall appear and answer, or suffer default, and subsequentproceedings are the same as in other cases.
As added by P.L.1-1998, SEC.12.