CHAPTER 4. SERVICE OF COPIES ON ATTORNEY GENERAL IN ACTIONS, CROSS-ACTIONS, AND PROCEEDINGS AGAINST STATE, STATE AGENCY, OR EMPLOYEE
IC 4-6-4
Chapter 4. Service of Copies on Attorney General in Actions,Cross-Actions, and Proceedings Against State, State Agency, orEmployee
IC 4-6-4-1
Actions against state, state agencies, and officers and employees;service of pleadings, motions, and court rulings; time requirementsuspended until service; notice of trial date in probate proceedings
Sec. 1. Whenever any such action, counter-claim, petition, orcross-complaint is filed in any court in this state in which the state ofIndiana or any board, bureau, commission, department, division,agency, or officer or employee in his capacity as an employee of thestate of Indiana is a party and the attorney general is required orauthorized to appear or defend, or when the attorney general isentitled to be heard, a copy of the complaint, cross-complaint,petition, bill, or pleading shall be served on the attorney general andsuch action, cross-action, or proceeding shall not be deemed to becommenced as to the state or any such board, bureau, commission,department, division, agency, or officer or employee in his capacityas an employee of the state of Indiana until such service. Wheneverthe attorney general has appeared in any suit, action, or proceeding,copies of all motions, demurrers, petitions, and pleadings filedtherein shall be served upon the attorney general by the party filingthe same; provided, further, that the clerk of the court shall cause tobe served upon the attorney general a copy of the ruling made by thecourt upon such motions, demurrers, petitions, and pleadings, andsuch ruling shall not be deemed effective in any manner as againstthe attorney general or as against the state of Indiana or any board,bureau, commission, department, division, agency, or officer oremployee in his capacity as an employee of the state of Indianaunless and until such copy shall be served upon the attorney generalor any deputy attorney general as provided in section 2 of thischapter; provided, further, that in any action in which the attorneygeneral is required or authorized to appear or defend or entitled to beheard, in which action some matter or thing occurs upon whichoccurrence time begins to run, the running of such time shall besuspended as to the attorney general until such service is had uponthe attorney general or any deputy attorney general as provided insection 2 of this chapter; provided, further, that whenever any claimfiled for and on behalf of the state of Indiana or any board, bureau,commission, department, division, agency, officer, or institution ofthe state of Indiana in any estate or guardianship pending in anycourt having probate jurisdiction in the state of Indiana is notallowed and the clerk of the court, administrator, administratrix,executor, executrix, or guardian transfers such claim to the trialdocket, said claim shall not be disposed of nor shall any dispositionmade of such claim be deemed to be a final adjudication unless anduntil due notice of the trial date of such claim shall be served on theattorney general or any deputy attorney general as provided in
section 2 of this chapter at least ten (10) days prior to the date set fortrial of said claim.
(Formerly: Acts 1945, c.3, s.1; Acts 1947, c.196, s.1; Acts 1965,c.374, s.1.) As amended by P.L.5-1984, SEC.18.
IC 4-6-4-2
Method of service
Sec. 2. Whenever service on the attorney general is required bythis chapter, such service may be made by handing it to the attorneygeneral or any deputy attorney general or by mailing the same to theattorney general by registered mail return receipt requested.
(Formerly: Acts 1945, c.3, s.2.) As amended by P.L.5-1984, SEC.19.
IC 4-6-4-3
Service of summons or process
Sec. 3. This chapter shall in no way affect or apply to the serviceof summons or process as provided by law but the requirements inthis chapter are in addition thereto.
(Formerly: Acts 1945, c.3, s.3.) As amended by P.L.5-1984, SEC.20.