CHAPTER 2. FILING OF INFORMATION AND SUMMONS
IC 34-17-2
Chapter 2. Filing of Information and Summons
IC 34-17-2-1
Filing of information
Sec. 1. (a) An information described in IC 34-17-1-1 may be filed:
(1) by the prosecuting attorney in the circuit court of the proper
county, upon the prosecuting attorney's own relation, whenever
the prosecuting attorney:
(A) determines it to be the prosecuting attorney's duty to do
so; or
(B) is directed by the court or other competent authority; or
(2) by any other person on the person's own relation, whenever
the person claims an interest in the office, franchise, or
corporation that is the subject of the information.
(b) The prosecuting attorney shall file an information in the circuit
court of the county against the county assessor or a township
assessor under IC 34-17-1-1(2) if:
(1) the board of county commissioners adopts an ordinance
under IC 6-1.1-4-31(f); or
(2) the city-county council adopts an ordinance under
IC 6-1.1-4-31(g).
As added by P.L.1-1998, SEC.12. Amended by P.L.146-2008,
SEC.678.
IC 34-17-2-2
Annulment or vacation of certain documents; procedure
Sec. 2. (a) An information to annul or vacate any letters-patent,
certificate, or deed described in IC 34-17-1-2 may be filed by:
(1) the prosecuting attorney, upon the prosecuting attorney's
relation; or
(2) a private person, upon the person's relation, showing the
person's interest in the subject matter.
(b) The subsequent proceeding, judgment of the court, and
awarding of costs must conform to the requirements of this article
and the letters-patent, deed or certificate shall be annulled or
sustained according to the rights of the case.
As added by P.L.1-1998, SEC.12.
IC 34-17-2-3
Information to recover property
Sec. 3. (a) Following forfeiture or escheat of property as described
in IC 34-17-1-3, an information may be filed by the prosecuting
attorney in the circuit court for the recovery of the property, alleging
the ground on which the recovery is claimed.
(b) Proceedings and judgment are the same as in a civil action for
the recovery of property.
As added by P.L.1-1998, SEC.12.
IC 34-17-2-4
Contest for office; single information against several persons
Sec. 4. When several persons claim to be entitled to the same
office or franchise, one (1) information may be filed against any or
all persons making the claim, in order to try their respective rights to
the office or franchise.
As added by P.L.1-1998, SEC.12.
IC 34-17-2-5
Contents of information
Sec. 5. The information consists of a plain statement of the facts
that constitute the grounds of the proceeding, addressed to the court.
As added by P.L.1-1998, SEC.12.
IC 34-17-2-6
Usurping office; procedure
Sec. 6. (a) This section applies to an information filed against a
person for usurping an office.
(b) Whenever an information described in subsection (a) is filed
by the prosecuting attorney, the prosecuting attorney shall also set
forth the name of the person rightfully entitled to the office, if any,
with an averment:
(1) of the person's right to the office; or
(2) that no person is entitled to the office and that a vacancy in
the office will result.
(c) When an information described in subsection (a) is filed by
any other person, the person shall state the person's interest in the
matter and any damages the person has sustained.
As added by P.L.1-1998, SEC.12.
IC 34-17-2-7
Summons and answer
Sec. 7. Whenever an information is filed, a summons shall issue,
which shall be served and returned as in other actions. The defendant
shall appear and answer, or suffer default, and subsequent
proceedings are the same as in other cases.
As added by P.L.1-1998, SEC.12.