Indiana § 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

§ 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 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 the employee's 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 the action, cross-action, or proceeding shall not be considered to be commenced as to the state or any board, bureau, commission, department, division, agency, or officer or employee in the employee's capacity as an employee of the state of Indiana until service. Whenever the attorney general has appeared in any suit, action, or proceeding, copies of all motions, demurrers, petitions, and pleadings filed shall be served upon the attorney general by the party filing the motion, demurrer, petition, or pleading. The clerk of the court shall cause to be served upon the attorney general a copy of the ruling made by the court upon the motions, demurrers, petitions, and pleadings, and the ruling shall not be considered 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 the employee's capacity as an employee of the state of Indiana unless and until a copy shall be served upon the attorney general or any deputy attorney general as provided in section 2 of this chapter. 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 time shall be suspended as to the attorney general until service is had upon the attorney general or any deputy attorney general as provided in section 2 of this chapter. 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 the claim to the trial docket, the claim shall not be disposed of nor shall any disposition made of the claim be deemed to be a final adjudication unless and until due notice of the trial date of the 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 the 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; P.L.215-2016, SEC.41.