IC 34-18-11
    Chapter 11. Preliminary Determination of Affirmative Defense orIssue of Law or Fact; Discovery

IC 34-18-11-1
Discovery; preliminary rulings
    Sec. 1. (a) A court having jurisdiction over the subject matter andthe parties to a proposed complaint filed with the commissionerunder this article may, upon the filing of a copy of the proposedcomplaint and a written motion under this chapter, do one (1) or bothof the following:
        (1) preliminarily determine an affirmative defense or issue oflaw or fact that may be preliminarily determined under theIndiana Rules of Procedure; or
        (2) compel discovery in accordance with the Indiana Rules ofProcedure.
    (b) The court has no jurisdiction to rule preliminarily upon anyaffirmative defense or issue of law or fact reserved for writtenopinion by the medical review panel under IC 34-18-10-22(b)(1),IC 34-18-10-22(b)(2), and IC 34-18-10-22(b)(4).
    (c) The court has jurisdiction to entertain a motion filed under thischapter only during that time after a proposed complaint is filed withthe commissioner under this article but before the medical reviewpanel gives the panel's written opinion under IC 34-18-10-22.
    (d) The failure of any party to move for a preliminarydetermination or to compel discovery under this chapter before themedical review panel gives the panel's written opinion underIC 34-18-10-22 does not constitute the waiver of any affirmativedefense or issue of law or fact.
As added by P.L.1-1998, SEC.13.

IC 34-18-11-2
Invoking jurisdiction of the court; issuance of summons
    Sec. 2. (a) A party to a proceeding commenced under this article,the commissioner, or the chairman of a medical review panel, if any,may invoke the jurisdiction of the court by paying the statutory filingfee to the clerk and filing a copy of the proposed complaint andmotion with the clerk.
    (b) The filing of a copy of the proposed complaint and motionwith the clerk confers jurisdiction upon the court over the subjectmatter and the parties to the proceeding for the limited purposesstated in this chapter, including the taxation and assessment of costsor the allowance of expenses, including reasonable attorney's fees, orboth.
    (c) The moving party or the moving party's attorney shall cause asmany summonses as are necessary to be issued by the clerk andserved on the commissioner, each nonmoving party to theproceedings, and the chairman of the medical review panel, if any,unless the commissioner or the chairman is the moving party,together with a copy of the proposed complaint and a copy of the

motion under Rules 4 through 4.17 of the Indiana Rules of TrialProcedure.
As added by P.L.1-1998, SEC.13.

IC 34-18-11-3
Time for reply to motion; rulings
    Sec. 3. (a) Each nonmoving party to the proceeding, including thecommissioner and the chairman of the medical review panel, if any,shall have a period of twenty (20) days after service, or a period oftwenty-three (23) days after service if service is by mail, to appearand file and serve a written response to the motion, unless the court,for cause shown, orders the period enlarged.
    (b) The court shall enter a ruling on the motion:
        (1) within thirty (30) days after the motion is heard; or
        (2) if no hearing is requested, granted or ordered, within thirty(30) days after the date on which the last written response to themotion is filed.
    (c) The court shall order the clerk to serve a copy of the court'sruling on the motion by ordinary mail on the commissioner, eachparty to the proceeding, and the chairman of the medical reviewpanel, if any.
As added by P.L.1-1998, SEC.13.

IC 34-18-11-4
Stay of proceedings
    Sec. 4. Upon the filing of a copy of the proposed complaint andmotion with the clerk of the court, all further proceedings before themedical review panel shall be stayed automatically until the court hasentered a ruling on the motion.
As added by P.L.1-1998, SEC.13.

IC 34-18-11-5
Enforcement
    Sec. 5. The court may enforce its ruling on any motion filed underthis chapter in accordance with the Indiana Rules of Procedure,subject to the right of appeal.
As added by P.L.1-1998, SEC.13.