IC 34-33.1 ARTICLE 33.1. AUTHORITY OF THE ATTORNEY
GENERAL
IC 34-33.1-1
Chapter 1. Authority of the Attorney General to Intervene in
Cases Challenging the Constitutionality of a Statute, Ordinance, or
Franchise
IC 34-33.1-1-1 Authority of the attorney general to intervene to defend the
constitutionality of a state statute; duty of the court to notify the
attorney general
Sec. 1. (a) If the constitutionality of a state statute, ordinance, or
franchise affecting the public interest is called into question in an
action, suit, or proceeding in any court to which any agency, officer,
or employee of the state is not a party, the court shall certify this fact
to the attorney general and shall permit the attorney general to
intervene on behalf of the state and present:
(1) evidence that relates to the question of constitutionality, if
the evidence is otherwise admissible; and
(2) arguments on the question of constitutionality.
(b) If a party to an action bases its claim or defense on:
(1) a statute or executive order administered by a state officer
or agency; or
(2) a rule, order, requirement, or agreement issued or made
under the statute or executive order;
the attorney general shall be permitted to intervene in the action. As added by P.L.40-2010, SEC.2.
IC 34-33.1-1-2 Authority of the attorney general to file an amicus brief
Sec. 2. The state, by the attorney general, may file an amicus
curiae brief in any matter pending in any state court without the
consent of the parties or leave of the court. The attorney general shall
file the amicus curiae brief within the time allowed for the party with
whom the state is substantively aligned to file the party's brief or
petition. However, for good cause shown, a court may permit the
attorney general to file a belated amicus curiae brief. If the court
permits the filing of a belated amicus curiae brief, the court shall set
a deadline for an opposing party to file a reply brief. As added by P.L.40-2010, SEC.2.
IC 34-33.1 ARTICLE 33.1. AUTHORITY OF THE ATTORNEY
GENERAL
IC 34-33.1-1
Chapter 1. Authority of the Attorney General to Intervene in
Cases Challenging the Constitutionality of a Statute, Ordinance, or
Franchise
IC 34-33.1-1-1 Authority of the attorney general to intervene to defend the
constitutionality of a state statute; duty of the court to notify the
attorney general
Sec. 1. (a) If the constitutionality of a state statute, ordinance, or
franchise affecting the public interest is called into question in an
action, suit, or proceeding in any court to which any agency, officer,
or employee of the state is not a party, the court shall certify this fact
to the attorney general and shall permit the attorney general to
intervene on behalf of the state and present:
(1) evidence that relates to the question of constitutionality, if
the evidence is otherwise admissible; and
(2) arguments on the question of constitutionality.
(b) If a party to an action bases its claim or defense on:
(1) a statute or executive order administered by a state officer
or agency; or
(2) a rule, order, requirement, or agreement issued or made
under the statute or executive order;
the attorney general shall be permitted to intervene in the action. As added by P.L.40-2010, SEC.2.
IC 34-33.1-1-2 Authority of the attorney general to file an amicus brief
Sec. 2. The state, by the attorney general, may file an amicus
curiae brief in any matter pending in any state court without the
consent of the parties or leave of the court. The attorney general shall
file the amicus curiae brief within the time allowed for the party with
whom the state is substantively aligned to file the party's brief or
petition. However, for good cause shown, a court may permit the
attorney general to file a belated amicus curiae brief. If the court
permits the filing of a belated amicus curiae brief, the court shall set
a deadline for an opposing party to file a reply brief. As added by P.L.40-2010, SEC.2.
IC 34-33.1 ARTICLE 33.1. AUTHORITY OF THE ATTORNEY
GENERAL
IC 34-33.1-1
Chapter 1. Authority of the Attorney General to Intervene in
Cases Challenging the Constitutionality of a Statute, Ordinance, or
Franchise
IC 34-33.1-1-1 Authority of the attorney general to intervene to defend the
constitutionality of a state statute; duty of the court to notify the
attorney general
Sec. 1. (a) If the constitutionality of a state statute, ordinance, or
franchise affecting the public interest is called into question in an
action, suit, or proceeding in any court to which any agency, officer,
or employee of the state is not a party, the court shall certify this fact
to the attorney general and shall permit the attorney general to
intervene on behalf of the state and present:
(1) evidence that relates to the question of constitutionality, if
the evidence is otherwise admissible; and
(2) arguments on the question of constitutionality.
(b) If a party to an action bases its claim or defense on:
(1) a statute or executive order administered by a state officer
or agency; or
(2) a rule, order, requirement, or agreement issued or made
under the statute or executive order;
the attorney general shall be permitted to intervene in the action. As added by P.L.40-2010, SEC.2.
IC 34-33.1-1-2 Authority of the attorney general to file an amicus brief
Sec. 2. The state, by the attorney general, may file an amicus
curiae brief in any matter pending in any state court without the
consent of the parties or leave of the court. The attorney general shall
file the amicus curiae brief within the time allowed for the party with
whom the state is substantively aligned to file the party's brief or
petition. However, for good cause shown, a court may permit the
attorney general to file a belated amicus curiae brief. If the court
permits the filing of a belated amicus curiae brief, the court shall set
a deadline for an opposing party to file a reply brief. As added by P.L.40-2010, SEC.2.
