IC 34-18-11
Chapter 11. Preliminary Determination of Affirmative Defense or
Issue of Law or Fact; Discovery
IC 34-18-11-1 Discovery; preliminary rulings
Sec. 1. (a) A court having jurisdiction over the subject matter and
the parties to a proposed complaint filed with the commissioner
under this article may, upon the filing of a copy of the proposed
complaint and a written motion under this chapter, do one (1) or both
of the following:
(1) preliminarily determine an affirmative defense or issue of
law or fact that may be preliminarily determined under the
Indiana Rules of Procedure; or
(2) compel discovery in accordance with the Indiana Rules of
Procedure.
(b) The court has no jurisdiction to rule preliminarily upon any
affirmative defense or issue of law or fact reserved for written
opinion 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 this
chapter only during that time after a proposed complaint is filed with
the commissioner under this article but before the medical review
panel gives the panel's written opinion under IC 34-18-10-22.
(d) The failure of any party to move for a preliminary
determination or to compel discovery under this chapter before the
medical review panel gives the panel's written opinion under
IC 34-18-10-22 does not constitute the waiver of any affirmative
defense 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 filing
fee to the clerk and filing a copy of the proposed complaint and
motion with the clerk.
(b) The filing of a copy of the proposed complaint and motion
with the clerk confers jurisdiction upon the court over the subject
matter and the parties to the proceeding for the limited purposes
stated in this chapter, including the taxation and assessment of costs
or the allowance of expenses, including reasonable attorney's fees, or
both.
(c) The moving party or the moving party's attorney shall cause as
many summonses as are necessary to be issued by the clerk and
served on the commissioner, each nonmoving party to the
proceedings, 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 Trial
Procedure. 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 the
commissioner and the chairman of the medical review panel, if any,
shall have a period of twenty (20) days after service, or a period of
twenty-three (23) days after service if service is by mail, to appear
and 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 the
motion is filed.
(c) The court shall order the clerk to serve a copy of the court's
ruling on the motion by ordinary mail on the commissioner, each
party to the proceeding, and the chairman of the medical review
panel, 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 and
motion with the clerk of the court, all further proceedings before the
medical review panel shall be stayed automatically until the court has
entered 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 under
this chapter in accordance with the Indiana Rules of Procedure,
subject to the right of appeal. As added by P.L.1-1998, SEC.13.
IC 34-18-11
Chapter 11. Preliminary Determination of Affirmative Defense or
Issue of Law or Fact; Discovery
IC 34-18-11-1 Discovery; preliminary rulings
Sec. 1. (a) A court having jurisdiction over the subject matter and
the parties to a proposed complaint filed with the commissioner
under this article may, upon the filing of a copy of the proposed
complaint and a written motion under this chapter, do one (1) or both
of the following:
(1) preliminarily determine an affirmative defense or issue of
law or fact that may be preliminarily determined under the
Indiana Rules of Procedure; or
(2) compel discovery in accordance with the Indiana Rules of
Procedure.
(b) The court has no jurisdiction to rule preliminarily upon any
affirmative defense or issue of law or fact reserved for written
opinion 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 this
chapter only during that time after a proposed complaint is filed with
the commissioner under this article but before the medical review
panel gives the panel's written opinion under IC 34-18-10-22.
(d) The failure of any party to move for a preliminary
determination or to compel discovery under this chapter before the
medical review panel gives the panel's written opinion under
IC 34-18-10-22 does not constitute the waiver of any affirmative
defense 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 filing
fee to the clerk and filing a copy of the proposed complaint and
motion with the clerk.
(b) The filing of a copy of the proposed complaint and motion
with the clerk confers jurisdiction upon the court over the subject
matter and the parties to the proceeding for the limited purposes
stated in this chapter, including the taxation and assessment of costs
or the allowance of expenses, including reasonable attorney's fees, or
both.
(c) The moving party or the moving party's attorney shall cause as
many summonses as are necessary to be issued by the clerk and
served on the commissioner, each nonmoving party to the
proceedings, 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 Trial
Procedure. 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 the
commissioner and the chairman of the medical review panel, if any,
shall have a period of twenty (20) days after service, or a period of
twenty-three (23) days after service if service is by mail, to appear
and 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 the
motion is filed.
(c) The court shall order the clerk to serve a copy of the court's
ruling on the motion by ordinary mail on the commissioner, each
party to the proceeding, and the chairman of the medical review
panel, 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 and
motion with the clerk of the court, all further proceedings before the
medical review panel shall be stayed automatically until the court has
entered 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 under
this chapter in accordance with the Indiana Rules of Procedure,
subject to the right of appeal. As added by P.L.1-1998, SEC.13.
IC 34-18-11
Chapter 11. Preliminary Determination of Affirmative Defense or
Issue of Law or Fact; Discovery
IC 34-18-11-1 Discovery; preliminary rulings
Sec. 1. (a) A court having jurisdiction over the subject matter and
the parties to a proposed complaint filed with the commissioner
under this article may, upon the filing of a copy of the proposed
complaint and a written motion under this chapter, do one (1) or both
of the following:
(1) preliminarily determine an affirmative defense or issue of
law or fact that may be preliminarily determined under the
Indiana Rules of Procedure; or
(2) compel discovery in accordance with the Indiana Rules of
Procedure.
(b) The court has no jurisdiction to rule preliminarily upon any
affirmative defense or issue of law or fact reserved for written
opinion 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 this
chapter only during that time after a proposed complaint is filed with
the commissioner under this article but before the medical review
panel gives the panel's written opinion under IC 34-18-10-22.
(d) The failure of any party to move for a preliminary
determination or to compel discovery under this chapter before the
medical review panel gives the panel's written opinion under
IC 34-18-10-22 does not constitute the waiver of any affirmative
defense 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 filing
fee to the clerk and filing a copy of the proposed complaint and
motion with the clerk.
(b) The filing of a copy of the proposed complaint and motion
with the clerk confers jurisdiction upon the court over the subject
matter and the parties to the proceeding for the limited purposes
stated in this chapter, including the taxation and assessment of costs
or the allowance of expenses, including reasonable attorney's fees, or
both.
(c) The moving party or the moving party's attorney shall cause as
many summonses as are necessary to be issued by the clerk and
served on the commissioner, each nonmoving party to the
proceedings, 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 Trial
Procedure. 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 the
commissioner and the chairman of the medical review panel, if any,
shall have a period of twenty (20) days after service, or a period of
twenty-three (23) days after service if service is by mail, to appear
and 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 the
motion is filed.
(c) The court shall order the clerk to serve a copy of the court's
ruling on the motion by ordinary mail on the commissioner, each
party to the proceeding, and the chairman of the medical review
panel, 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 and
motion with the clerk of the court, all further proceedings before the
medical review panel shall be stayed automatically until the court has
entered 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 under
this chapter in accordance with the Indiana Rules of Procedure,
subject to the right of appeal. As added by P.L.1-1998, SEC.13.
