IC 34-27-3-1 Action for mandate; scope
Sec. 1. An action for mandate may be prosecuted against any
inferior tribunal, corporation, public or corporate officer, or person
to compel the performance of any:
(1) act that the law specifically requires; or
(2) duty resulting from any office, trust, or station. As added by P.L.1-1998, SEC.23.
IC 34-27-3-2 Complaint procedure
Sec. 2. (a) Except as provided in subsection (b), in an action for
mandate, as in other civil actions:
(1) the complaint must be verified;
(2) the summons must be issued, or publication made, and proof
of service and notice made; and
(3) the person, body, or tribunal defendant shall:
(A) appear and answer the complaint; or
(B) suffer default.
(b) When an emergency is shown in the complaint, the court or
the judge may issue an order at the time the complaint is filed,
directing a shorter time for the return of the summons and for the
appearance and answer of the defendant than is provided in civil
cases. The return of the summons and the time for appearance must
be fixed by the court. As added by P.L.1-1998, SEC.23.
IC 34-27-3-3 Trial of issues; final judgment
Sec. 3. (a) An action for mandate shall stand for trial, and as in
other civil actions, the court hearing the action may:
(1) join issues of law and fact;
(2) grant amendments, continuances, and appeals; and
(3) render final judgments.
(b) In actions for mandate, if the finding and judgments are for the
plaintiff, the court rendering the final judgment shall grant the
plaintiff:
(1) relief the plaintiff is entitled to under the law and facts in
the action;
(2) damages, as in actions for false returns; and
(3) costs as the court directs. As added by P.L.1-1998, SEC.23.
IC 34-27-3-4 Notice of judgment; enforcement
Sec. 4. (a) All defendants served with process or notified by
publication in an action for mandate shall:
(1) take notice of the judgment and mandate of the court in the
case; and
(2) promptly perform the mandate issued by the court.
(b) Obedience to a judgment and mandate is enforceable by:
(1) attachment and fine;
(2) imprisonment; or
(3) both subdivisions (1) and (2). As added by P.L.1-1998, SEC.23.
IC 34-27-3-1 Action for mandate; scope
Sec. 1. An action for mandate may be prosecuted against any
inferior tribunal, corporation, public or corporate officer, or person
to compel the performance of any:
(1) act that the law specifically requires; or
(2) duty resulting from any office, trust, or station. As added by P.L.1-1998, SEC.23.
IC 34-27-3-2 Complaint procedure
Sec. 2. (a) Except as provided in subsection (b), in an action for
mandate, as in other civil actions:
(1) the complaint must be verified;
(2) the summons must be issued, or publication made, and proof
of service and notice made; and
(3) the person, body, or tribunal defendant shall:
(A) appear and answer the complaint; or
(B) suffer default.
(b) When an emergency is shown in the complaint, the court or
the judge may issue an order at the time the complaint is filed,
directing a shorter time for the return of the summons and for the
appearance and answer of the defendant than is provided in civil
cases. The return of the summons and the time for appearance must
be fixed by the court. As added by P.L.1-1998, SEC.23.
IC 34-27-3-3 Trial of issues; final judgment
Sec. 3. (a) An action for mandate shall stand for trial, and as in
other civil actions, the court hearing the action may:
(1) join issues of law and fact;
(2) grant amendments, continuances, and appeals; and
(3) render final judgments.
(b) In actions for mandate, if the finding and judgments are for the
plaintiff, the court rendering the final judgment shall grant the
plaintiff:
(1) relief the plaintiff is entitled to under the law and facts in
the action;
(2) damages, as in actions for false returns; and
(3) costs as the court directs. As added by P.L.1-1998, SEC.23.
IC 34-27-3-4 Notice of judgment; enforcement
Sec. 4. (a) All defendants served with process or notified by
publication in an action for mandate shall:
(1) take notice of the judgment and mandate of the court in the
case; and
(2) promptly perform the mandate issued by the court.
(b) Obedience to a judgment and mandate is enforceable by:
(1) attachment and fine;
(2) imprisonment; or
(3) both subdivisions (1) and (2). As added by P.L.1-1998, SEC.23.
IC 34-27-3-1 Action for mandate; scope
Sec. 1. An action for mandate may be prosecuted against any
inferior tribunal, corporation, public or corporate officer, or person
to compel the performance of any:
(1) act that the law specifically requires; or
(2) duty resulting from any office, trust, or station. As added by P.L.1-1998, SEC.23.
IC 34-27-3-2 Complaint procedure
Sec. 2. (a) Except as provided in subsection (b), in an action for
mandate, as in other civil actions:
(1) the complaint must be verified;
(2) the summons must be issued, or publication made, and proof
of service and notice made; and
(3) the person, body, or tribunal defendant shall:
(A) appear and answer the complaint; or
(B) suffer default.
(b) When an emergency is shown in the complaint, the court or
the judge may issue an order at the time the complaint is filed,
directing a shorter time for the return of the summons and for the
appearance and answer of the defendant than is provided in civil
cases. The return of the summons and the time for appearance must
be fixed by the court. As added by P.L.1-1998, SEC.23.
IC 34-27-3-3 Trial of issues; final judgment
Sec. 3. (a) An action for mandate shall stand for trial, and as in
other civil actions, the court hearing the action may:
(1) join issues of law and fact;
(2) grant amendments, continuances, and appeals; and
(3) render final judgments.
(b) In actions for mandate, if the finding and judgments are for the
plaintiff, the court rendering the final judgment shall grant the
plaintiff:
(1) relief the plaintiff is entitled to under the law and facts in
the action;
(2) damages, as in actions for false returns; and
(3) costs as the court directs. As added by P.L.1-1998, SEC.23.
IC 34-27-3-4 Notice of judgment; enforcement
Sec. 4. (a) All defendants served with process or notified by
publication in an action for mandate shall:
(1) take notice of the judgment and mandate of the court in the
case; and
(2) promptly perform the mandate issued by the court.
(b) Obedience to a judgment and mandate is enforceable by:
(1) attachment and fine;
(2) imprisonment; or
(3) both subdivisions (1) and (2). As added by P.L.1-1998, SEC.23.
