IC 4-6-4
Chapter 4. Service of Copies on Attorney General in Actions,
Cross-Actions, and Proceedings Against State, State Agency, or
Employee
IC 4-6-4-1 Actions against state, state agencies, and officers and employees;
service of pleadings, motions, and court rulings; time requirement
suspended until service; notice of trial date in probate proceedings
Sec. 1. Whenever any such action, counter-claim, petition, or
cross-complaint is filed in any court in this state in which the state of
Indiana or any board, bureau, commission, department, division,
agency, or officer or employee in his capacity as an employee of the
state of Indiana is a party and the attorney general is required or
authorized to appear or defend, or when the attorney general is
entitled to be heard, a copy of the complaint, cross-complaint,
petition, bill, or pleading shall be served on the attorney general and
such action, cross-action, or proceeding shall not be deemed to be
commenced as to the state or any such board, bureau, commission,
department, division, agency, or officer or employee in his capacity
as an employee of the state of Indiana until such service. Whenever
the attorney general has appeared in any suit, action, or proceeding,
copies of all motions, demurrers, petitions, and pleadings filed
therein shall be served upon the attorney general by the party filing
the same; provided, further, that the clerk of the court shall cause to
be served upon the attorney general a copy of the ruling made by the
court upon such motions, demurrers, petitions, and pleadings, and
such ruling shall not be deemed effective in any manner as against
the attorney general or as against the state of Indiana or any board,
bureau, commission, department, division, agency, or officer or
employee in his capacity as an employee of the state of Indiana
unless and until such copy shall be served upon the attorney general
or any deputy attorney general as provided in section 2 of this
chapter; provided, further, that in any action in which the attorney
general is required or authorized to appear or defend or entitled to be
heard, in which action some matter or thing occurs upon which
occurrence time begins to run, the running of such time shall be
suspended as to the attorney general until such service is had upon
the attorney general or any deputy attorney general as provided in
section 2 of this chapter; provided, further, that whenever any claim
filed for and on behalf of the state of Indiana or any board, bureau,
commission, department, division, agency, officer, or institution of
the state of Indiana in any estate or guardianship pending in any
court having probate jurisdiction in the state of Indiana is not
allowed and the clerk of the court, administrator, administratrix,
executor, executrix, or guardian transfers such claim to the trial
docket, said claim shall not be disposed of nor shall any disposition
made of such claim be deemed to be a final adjudication unless and
until due notice of the trial date of such claim shall be served on the
attorney general or any deputy attorney general as provided in
section 2 of this chapter at least ten (10) days prior to the date set for
trial 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 by
this chapter, such service may be made by handing it to the attorney
general or any deputy attorney general or by mailing the same to the
attorney 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 service
of summons or process as provided by law but the requirements in
this chapter are in addition thereto. (Formerly: Acts 1945, c.3, s.3.) As amended by P.L.5-1984, SEC.20.
IC 4-6-4
Chapter 4. Service of Copies on Attorney General in Actions,
Cross-Actions, and Proceedings Against State, State Agency, or
Employee
IC 4-6-4-1 Actions against state, state agencies, and officers and employees;
service of pleadings, motions, and court rulings; time requirement
suspended until service; notice of trial date in probate proceedings
Sec. 1. Whenever any such action, counter-claim, petition, or
cross-complaint is filed in any court in this state in which the state of
Indiana or any board, bureau, commission, department, division,
agency, or officer or employee in his capacity as an employee of the
state of Indiana is a party and the attorney general is required or
authorized to appear or defend, or when the attorney general is
entitled to be heard, a copy of the complaint, cross-complaint,
petition, bill, or pleading shall be served on the attorney general and
such action, cross-action, or proceeding shall not be deemed to be
commenced as to the state or any such board, bureau, commission,
department, division, agency, or officer or employee in his capacity
as an employee of the state of Indiana until such service. Whenever
the attorney general has appeared in any suit, action, or proceeding,
copies of all motions, demurrers, petitions, and pleadings filed
therein shall be served upon the attorney general by the party filing
the same; provided, further, that the clerk of the court shall cause to
be served upon the attorney general a copy of the ruling made by the
court upon such motions, demurrers, petitions, and pleadings, and
such ruling shall not be deemed effective in any manner as against
the attorney general or as against the state of Indiana or any board,
bureau, commission, department, division, agency, or officer or
employee in his capacity as an employee of the state of Indiana
unless and until such copy shall be served upon the attorney general
or any deputy attorney general as provided in section 2 of this
chapter; provided, further, that in any action in which the attorney
general is required or authorized to appear or defend or entitled to be
heard, in which action some matter or thing occurs upon which
occurrence time begins to run, the running of such time shall be
suspended as to the attorney general until such service is had upon
the attorney general or any deputy attorney general as provided in
section 2 of this chapter; provided, further, that whenever any claim
filed for and on behalf of the state of Indiana or any board, bureau,
commission, department, division, agency, officer, or institution of
the state of Indiana in any estate or guardianship pending in any
court having probate jurisdiction in the state of Indiana is not
allowed and the clerk of the court, administrator, administratrix,
executor, executrix, or guardian transfers such claim to the trial
docket, said claim shall not be disposed of nor shall any disposition
made of such claim be deemed to be a final adjudication unless and
until due notice of the trial date of such claim shall be served on the
attorney general or any deputy attorney general as provided in
section 2 of this chapter at least ten (10) days prior to the date set for
trial 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 by
this chapter, such service may be made by handing it to the attorney
general or any deputy attorney general or by mailing the same to the
attorney 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 service
of summons or process as provided by law but the requirements in
this chapter are in addition thereto. (Formerly: Acts 1945, c.3, s.3.) As amended by P.L.5-1984, SEC.20.
IC 4-6-4
Chapter 4. Service of Copies on Attorney General in Actions,
Cross-Actions, and Proceedings Against State, State Agency, or
Employee
IC 4-6-4-1 Actions against state, state agencies, and officers and employees;
service of pleadings, motions, and court rulings; time requirement
suspended until service; notice of trial date in probate proceedings
Sec. 1. Whenever any such action, counter-claim, petition, or
cross-complaint is filed in any court in this state in which the state of
Indiana or any board, bureau, commission, department, division,
agency, or officer or employee in his capacity as an employee of the
state of Indiana is a party and the attorney general is required or
authorized to appear or defend, or when the attorney general is
entitled to be heard, a copy of the complaint, cross-complaint,
petition, bill, or pleading shall be served on the attorney general and
such action, cross-action, or proceeding shall not be deemed to be
commenced as to the state or any such board, bureau, commission,
department, division, agency, or officer or employee in his capacity
as an employee of the state of Indiana until such service. Whenever
the attorney general has appeared in any suit, action, or proceeding,
copies of all motions, demurrers, petitions, and pleadings filed
therein shall be served upon the attorney general by the party filing
the same; provided, further, that the clerk of the court shall cause to
be served upon the attorney general a copy of the ruling made by the
court upon such motions, demurrers, petitions, and pleadings, and
such ruling shall not be deemed effective in any manner as against
the attorney general or as against the state of Indiana or any board,
bureau, commission, department, division, agency, or officer or
employee in his capacity as an employee of the state of Indiana
unless and until such copy shall be served upon the attorney general
or any deputy attorney general as provided in section 2 of this
chapter; provided, further, that in any action in which the attorney
general is required or authorized to appear or defend or entitled to be
heard, in which action some matter or thing occurs upon which
occurrence time begins to run, the running of such time shall be
suspended as to the attorney general until such service is had upon
the attorney general or any deputy attorney general as provided in
section 2 of this chapter; provided, further, that whenever any claim
filed for and on behalf of the state of Indiana or any board, bureau,
commission, department, division, agency, officer, or institution of
the state of Indiana in any estate or guardianship pending in any
court having probate jurisdiction in the state of Indiana is not
allowed and the clerk of the court, administrator, administratrix,
executor, executrix, or guardian transfers such claim to the trial
docket, said claim shall not be disposed of nor shall any disposition
made of such claim be deemed to be a final adjudication unless and
until due notice of the trial date of such claim shall be served on the
attorney general or any deputy attorney general as provided in
section 2 of this chapter at least ten (10) days prior to the date set for
trial 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 by
this chapter, such service may be made by handing it to the attorney
general or any deputy attorney general or by mailing the same to the
attorney 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 service
of summons or process as provided by law but the requirements in
this chapter are in addition thereto. (Formerly: Acts 1945, c.3, s.3.) As amended by P.L.5-1984, SEC.20.
