CHAPTER 3. DUTIES IN CIVIL ACTIONS
IC 4-6-3
Chapter 3. Duties in Civil Actions
IC 4-6-3-1
Definitions
Sec. 1. As used in this chapter:
"Documentary material" means the original or a copy of a book,record, report, memorandum, paper, communication, tabulation,chart, or other document.
"Local agency" means an administration, agency, authority, board,bureau, commission, committee, council, department division,institution, office, officer, service, or other similar body of a politicalsubdivision created or established pursuant to law.
"Person" means a human being, an incorporated or unincorporatedorganization, or association, a trustee or legal representative, thestate of Indiana, a political subdivision, a state or local agency, or agroup of such persons acting in concert.
"Political subdivision" means a county, township, city, town,municipal corporation as defined in IC 36-1-2-10, or a special taxingdistrict.
"State agency" means an administration, agency, authority, board,bureau, commission, committee, council, department, division,institution, office, officer, service, or other similar body of stategovernment created or established pursuant to law.
(Formerly: Acts 1899, c.133, s.1.) As amended by Acts 1982, P.L.20,SEC.1.
IC 4-6-3-2
Direction of prosecutions brought in the name of the state
Sec. 2. (a) The attorney general shall have charge of and direct theprosecution of all civil actions that are brought in the name of thestate of Indiana or any state agency.
(b) In no instance under this section shall the state or a stateagency be required to file a bond.
(c) This section does not affect the authority of prosecutingattorneys to prosecute civil actions.
(d) This section does not affect the authority of the inspectorgeneral to prosecute a civil action under IC 4-2-7-6 for the recoveryof funds misappropriated, diverted, missing, or unlawfully gained.
(e) The attorney general may bring an action to collect unpaidregistration fees owed by a commercial dog broker or a commercialdog breeder under IC 15-21.
As added by Acts 1982, P.L.20, SEC.2. Amended by P.L.222-2005,SEC.15; P.L.111-2009, SEC.1.
IC 4-6-3-3
Investigative demand; issuance
Sec. 3. If the attorney general has reasonable cause to believe thata person may be in possession, custody, or control of documentarymaterial, or may have knowledge of a fact that is relevant to an
investigation conducted to determine if a person is or has beenengaged in a violation of IC 4-6-9, IC 4-6-10, IC 13-14-10,IC 13-14-12, IC 13-24-2, IC 13-30-4, IC 13-30-5, IC 13-30-8,IC 23-7-8, IC 24-1-2, IC 24-5-0.5, IC 24-5-7, IC 24-5-8, IC 24-9,IC 25-1-7, IC 32-34-1, or any other statute enforced by the attorneygeneral or is or has been engaged in a criminal violation of IC 13,only the attorney general may issue in writing, and cause to be servedupon the person or the person's representative or agent, aninvestigative demand that requires that the person served do anycombination of the following:
(1) Produce the documentary material for inspection andcopying or reproduction.
(2) Answer under oath and in writing written interrogatories.
(3) Appear and testify under oath before the attorney general orthe attorney general's duly authorized representative.
As added by Acts 1982, P.L.20, SEC.3. Amended by P.L.27-1983,SEC.1; P.L.12-1986, SEC.1; P.L.31-1995, SEC.1; P.L.1-1996,SEC.23; P.L.2-2002, SEC.24; P.L.73-2004, SEC.3; P.L.137-2007,SEC.1.
IC 4-6-3-4
Investigative demand; required provisions
Sec. 4. An investigative demand shall contain the following:
(1) A general description of the subject matter beinginvestigated and a statement of the applicable provisions of law.
(2) The date, time, and place at which the person is to appear,answer written interrogatories, or produce documentarymaterial or other tangible items. The date shall not be less thanten (10) days from the date of service of the demand.
(3) Where the production of documents or other tangible itemsis required, a description of those documents or items by classwith sufficient clarity so that they might be reasonablyidentified.
As added by Acts 1982, P.L.20, SEC.4.
IC 4-6-3-5
Investigative demand; prohibited provisions
Sec. 5. An investigative demand may not:
(1) contain a requirement that would be unreasonable ifcontained in a subpoena or subpoena duces tecum issued by acourt in a grand jury investigation; or
(2) require the giving of oral testimony, the production ofwritten answers to interrogatories, or the production ofdocumentary material that would be privileged from disclosureif demanded by a subpoena duces tecum issued by a court in aidof a grand jury investigation.
As added by Acts 1982, P.L.20, SEC.5.
IC 4-6-3-6
Application to enforce investigative demand; procedure; order Sec. 6. If a person objects or otherwise fails to obey a writtendemand issued under section 3 of this chapter, the attorney generalmay file in the circuit or superior court of the county in which thatperson resides or maintains a principal place of business within thestate an application for an order to enforce the demand. If the persondoes not reside or maintain a principal place of business in Indiana,the application for the order to enforce the demand may be filed inthe Marion County circuit or superior court. Notice of hearing and acopy of the application shall be served upon that person, who mayappear in opposition to the application. The attorney general mustdemonstrate to the court that the demand is proper. If the court findsthat the demand is proper, it shall order that person to comply withthe demand, subject to such modification as the court may prescribe.Upon motion by that person and for good cause shown, the court maymake any further order in the proceedings which justice requires toprotect the person from unreasonable annoyance, embarrassment,oppression, burden, expense, or to protect privileged information,trade secrets or information which is confidential under any otherprovision of law. If the court finds that either party has acted in badfaith in seeking or resisting the demand, it may order that person topay the other parties reasonable expenses including attorneys' fees.
As added by Acts 1982, P.L.20, SEC.6. Amended by P.L.136-2007,SEC.1.
IC 4-6-3-7
Certain evidence; admissibility in criminal prosecutions
Sec. 7. Evidence obtained from a human person pursuant to theprovisions of this chapter may not be introduced in a subsequentcriminal prosecution of that person unless it was obtained by a meansindependent of this chapter.
As added by Acts 1982, P.L.20, SEC.7.
IC 4-6-3-8
Abridgment of limitations on self-incrimination prohibited
Sec. 8. This chapter shall not be construed to limit or abridge anylimitation on self-incrimination established by law.
As added by Acts 1982, P.L.20, SEC.8.
IC 4-6-3-9
Materials obtained under investigative demand; confidentiality
Sec. 9. All documentary material, answers to writteninterrogatories, and transcripts of oral testimony that are providedpursuant to an investigative demand shall be kept confidential by theattorney general until an action is filed against a person for theviolation under investigation, unless confidentiality is waived by theperson being investigated and the person who has testified, answeredinterrogatories, or produced documentary material, or unlessdisclosure is authorized by the court for the purposes of interstatecooperation in law enforcement of state or federal laws.
As added by Acts 1982, P.L.20, SEC.9.
IC 4-6-3-10
Documentary material; custody, use, and preservation
Sec. 10. The attorney general is responsible for the custody, use,and necessary preservation of the documentary material madeavailable pursuant to an investigative demand and for its return asprovided by this chapter.
As added by Acts 1982, P.L.20, SEC.10.
IC 4-6-3-11
Documentary material; return
Sec. 11. When original documentary material made availablepursuant to an investigative demand is no longer required for use ina pending proceeding, or, absent any pending proceeding, is nolonger required in connection with the investigation for which it wasdemanded, or at the end of the twenty-four (24) months following thedate when the material was made available, whichever is sooner, itshall be returned, unless a request to extend the period beyondtwenty-four (24) months has been filed in a court in which a requestfor an order compelling compliance pursuant to section 6 of thischapter be filed. This section does not require the return ofdocumentary material that has passed into the control of a court orgrand jury.
As added by Acts 1982, P.L.20, SEC.11.
IC 4-6-3-12
Repealed
(Repealed by P.L.190-2006, SEC.10.)