Indiana § 20-23-10-7 - Remonstrances; form

§ 20-23-10-7. Remonstrances; form

Sec. 7. (a) A remonstrance under section 6 of this chapter:

(1) must be in substantially the following form:

The undersigned hereby remonstrates against the merger of the school corporations in ____________ county;

(2) may be filed in counterparts that must have attached:

(A) the affidavit of the person circulating it;

(B) a statement that each signature appearing on the remonstrance was affixed in the presence of the person circulating the remonstrance; and

(C) a statement that each signature is the true and lawful signature of the person who made it;

(3) shall be accompanied by a complaint filed by one (1) or more of the remonstrators (who shall be treated as a representative of the entire class of remonstrators); and

(4) shall be signed by the remonstrator or the remonstrator's attorney, stating the reasons for the remonstrance, where these reasons are limited to the following:

(A) There is a procedural defect in the manner that the merger is carried out which is jurisdictional.

(B) The benefits to be derived from the merger are outweighed by its detriments, taking into consideration the respective benefits and detriments of the students and inhabitants residing in the school corporations of the county.

(b) A person who makes an affidavit under subsection (a) does not have to be one (1) of the persons who signs the counterpart attached to the affidavit.

(c) The plaintiff in the suit is the person whose name appears on the complaint. The defendants in a remonstrance under section 6 of this chapter are the school corporations in the county. Service of process shall be made on the defendants as in other civil actions.

(d) To determine whether the petition was timely filed, the time of filing is the time of filing with the clerk of the circuit court without regard to the time of issuance of the summons. If the thirtieth day falls on Sunday, a holiday, or another day when the clerk's office is not open, the time is extended to the next day when the clerk's office is open.

(e) The issues in a remonstrance suit are made up by the complaint, the allegations of the complaint being considered denied by the defendant or defendants. A responsive pleading does not need to be filed. However, a defendant may file a motion to dismiss the suit on the ground:

(1) that the requisite number of qualified remonstrators have not signed the petition;

(2) that the remonstrance was not timely filed; or

(3) that the complaint does not state a cause of action.

(f) A responsive pleading to a motion to dismiss under subsection (e) does not need to be filed.

(g) With respect to a motion under subsection (e)(1) and (e)(2), the allegations are considered denied by the remonstrators.

(h) To determine whether there are the requisite number of qualified remonstrators under subsection (e)(1), a person may not:

(1) withdraw the person's name after a remonstrance has been filed; or

(2) add the person's name to a remonstrance that has been filed.

(i) At a trial for a remonstrance suit, a person may, in support or derogation of the substantive matters in the complaint, introduce into evidence a verified statement that the person wishes that the person's name be added to or withdrawn from the remonstrance.

(j) The court may either hear all or a part of the matters raised by a motion to dismiss separately or may consolidate for trial all or a part of the matters with the matters relating to the substance of the case.

(k) A complaint may not be dismissed for failure to state a cause of action, if a fair reading of the complaint makes out one (1) of the grounds for remonstrance and suit provided in subsection (a).

(l) An amendment of the complaint may be permitted in the discretion of the court if the complaint does not state a new ground of remonstrance.

(m) The trial of a remonstrance suit shall be conducted as other civil cases by a court without the intervention of a jury on the issues raised by the:

(1) complaint; or

(2) motion to dismiss.

(n) In a remonstrance suit:

(1) a change of venue from a judge, but no change of venue from the county, is permitted;

(2) the court will expedite the hearing of the case; and

(3) the court's judgment must be either that:

(A) the merger takes place;

(B) the merger does not take place; or

(C) the remonstrance is dismissed.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-4-19-4.]

As added by P.L.1-2005, SEC.7.