CHAPTER 1. WRITS OF MANDATE AND PROHIBITION

IC 34-27

    ARTICLE 27. SPECIAL PROCEEDINGS: MANDATE
AND PROHIBITION



IC 34-27-1

    

Chapter 1. Writs of Mandate and Prohibition

IC 34-27-1-1

Actions for mandate; procedure

    

Sec. 1. Writs of mandate in the circuit and superior courts are
abolished. Causes of action previously remedied by writs of mandate
may be remedied by means of complaint and summons in the name
of the state on relation of the party in interest in the circuit, superior,
and probate courts as other civil actions. Such actions are to be
known as actions for mandate.

As added by P.L.1-1998, SEC.23.

IC 34-27-1-2

Writs of mandate and prohibition in aid of appellate powers and
functions

    

Sec. 2. (a) The supreme court may issue writs of mandate and
prohibition in aid of the appellate powers and functions of the
supreme court.

    (b) The court of appeals may issue writs of mandate and
prohibition in aid of the appellate powers and functions of the court
of appeals.

As added by P.L.1-1998, SEC.23.

IC 34-27-1-3

Supreme court writ of mandate or prohibition to inferior court

    

Sec. 3. (a) The supreme court may issue writs of mandate to any
and all inferior courts compelling the performance of any duty
enjoined by law upon the inferior courts, including the granting of
changes of venue from the county in cases where:

        (1) change of venue is allowed by law;

        (2) timely, proper, and sufficient motion and affidavit have been
filed for a change of venue; and

        (3) the motion for change of venue was refused.

    (b) The supreme court may also issue a writ of prohibition to an
inferior court to restrain and confine the inferior court to the inferior
court's lawful jurisdiction.

As added by P.L.1-1998, SEC.23.



IC 34-27-1-4

Costs

    

Sec. 4. Costs shall be awarded in these proceedings as in civil
actions.

As added by P.L.1-1998, SEC.23.