§ 34-13-5-7 Interlocutory hearing

Codes > Indiana Code > Title 34 > Article 13 : Chapter 5 > 34-13-5-7 Interlocutory

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 all damages and costs that may accrue by reason of the filing of the lawsuit if the defendant prevails.

    (b) A hearing shall be held on a petition described in subsection (a) in the same manner as the hearing on temporary injunctions under IC 34-26-1. If, at the hearing, the court determines that the plaintiff cannot establish facts that would entitle the plaintiff to a temporary injunction, the court shall set the amount of bond to be filed by the plaintiff in an amount found by the judge to cover all damage and costs that may accrue to the defendants by reason of the pendency of the public lawsuit in the event the defendant prevails.

    (c) If the plaintiff does not file a bond with sureties approved by the court within ten (10) days after the order to do so is entered, the suit shall be dismissed.

    (d) Either plaintiff or defendant may appeal an order to post or deny bond to the Indiana supreme court within ten (10) days by notice of appeal and a statement of error in the same manner as is provided in a petition for mandate or prohibition. The supreme court may:

        (1) stay the lower court order pending its own decision;

        (2) set a bond to be filed by the plaintiff;

        (3) modify the order of the lower court; or

        (4) enter its order as a final order in a case.

    (e) If no bond is filed as provided in this section:

        (1) the public lawsuit shall be dismissed; and

        (2) no court has further jurisdiction of the public lawsuit or any other public lawsuit involving any issue that was or could have been raised.

    (f) This section does not create, nor shall it be construed as creating, any additional cause of action on the part of any municipal corporation, person, partnership, limited liability company, or corporation, unless the defendant is required to and does post bond.