34-13-5-1. Exclusive Applicability of Chapter
Sec. 1. All public lawsuits shall be brought solely in conformity with and governed by the provisions of this chapter. [Pre-1998 Recodification Citation: 34-4-17-2.] As added by P.L.1-1998, SEC.8.
34-13-5-10. Jurisdiction of Trial Court
Sec. 10. (a) A public lawsuit may not be brought, and no trial court has jurisdiction of any public lawsuit that is brought: (1) more than ten (10) days after the first publication required by law for the sale of bonds of a municipal corporation; or (2) in the case of a lease under IC […]
34-13-5-11. Exhaustion of Administrative Remedies Required Before Bringing Public Lawsuit
Sec. 11. As a condition precedent to bringing any public lawsuit, a plaintiff must first exhaust all the administrative remedies available to the plaintiff under applicable law, including but not limited to the filing of a remonstrance where the issues raised could have been raised by the filing under applicable law. No plaintiff may commence […]
34-13-5-12. Matters to Be Heard in Public Hearing
Sec. 12. Where: (1) as a condition precedent to the construction, financing, or leasing of a public improvement, the municipal corporation is required to hold a public hearing preceded by public notice; and (2) the hearing is held and the notice is given in accordance with applicable law; the plaintiff in a public lawsuit is […]
34-13-5-2. Plaintiff; Class Actions; Right of Intervention
Sec. 2. (a) Plaintiffs in a public lawsuit may sue in their capacity either as citizens or taxpayers of the municipal corporation. (b) A public lawsuit described in subsection (a) is a class suit (whether captioned as such or not), subject to the rights of intervention, the addition of parties, and the addition of other […]
34-13-5-3. Trial Procedure
Sec. 3. The procedure in the trial court governing trial of the public lawsuit is the same as in other civil cases. When possible, the hearing on any interlocutory order shall be consolidated with the hearing on all other justiciable issues. [Pre-1998 Recodification Citation: 34-4-17-4(a).] As added by P.L.1-1998, SEC.8.
34-13-5-4. Change of Venue
Sec. 4. A change of venue from the judge may be permitted, but no change from the county may be permitted. When a change from the judge has been requested in accordance with the time limits prescribed by law, the affidavit or motion for the change shall be immediately certified to the supreme court: (1) […]
34-13-5-5. Appointment of Special Judge
Sec. 5. (a) The rules regarding the selection of a special judge in civil cases do not apply. The supreme court shall appoint the special judge in a public lawsuit. (b) A special judge is not required to reside in the county in which the case is pending or in any adjoining county. (c) A […]
34-13-5-6. Special Reporter
Sec. 6. To expedite the trial of the case, either party may apply to the court for the appointment of a special reporter or firm of reporters to be the court reporter for the public lawsuit which the court may in its discretion approve. The moving party shall pay the cost, which may not be […]
34-13-5-7. Interlocutory Hearing
Sec. 7. (a) At any time before the final hearing in a public lawsuit, the defendant may petition for an order of the court that the cause be dismissed unless the plaintiff posts a bond with surety to be approved by the court. The bond must be payable to the defendant for the payment of […]
34-13-5-8. Appeals
Sec. 8. Appeals from any final judgment in a public lawsuit shall be governed by, and taken in the same manner and with the same time limits, as appeals from interlocutory orders of a circuit or superior court under applicable law. [Pre-1998 Recodification Citation: 34-4-17-6.] As added by P.L.1-1998, SEC.8.
34-13-5-9. Extensions of Time; Advance of Trial or Appeal
Sec. 9. Extensions of time, both in the trial court and in the Indiana supreme court, shall be granted only in extreme cases. The trial of a public lawsuit and the hearing of any appeal shall be advanced by the trial court and by the Indiana supreme court respectively, without request of either party, as […]