§ 34-18-11-1 Preliminary determinations; compelling discovery

Codes > Indiana Code > Title 34 > Article 18 : Chapter 11 > 34-18-11-1 Preliminary

34-18-11-1 Preliminary determinations; compelling discovery

    Sec. 1. (a) A court having jurisdiction over the subject matter and the parties to a proposed complaint filed with the commissioner under this article may, upon the filing of a copy of the proposed complaint and a written motion under this chapter, do one (1) or both of the following:

        (1) preliminarily determine an affirmative defense or issue of law or fact that may be preliminarily determined under the Indiana Rules of Procedure; or

       (2) compel discovery in accordance with the Indiana Rules of Procedure.

    (b) The court has no jurisdiction to rule preliminarily upon any affirmative defense or issue of law or fact reserved for written
opinion by the medical review panel under IC 34-18-10-22(b)(1), IC 34-18-10-22(b)(2), and IC 34-18-10-22(b)(4).

    (c) The court has jurisdiction to entertain a motion filed under this chapter only during that time after a proposed complaint is filed with the commissioner under this article but before the medical review panel gives the panel's written opinion under IC
34-18-10-22.

    (d) The failure of any party to move for a preliminary determination or to compel discovery under this chapter before the medical review panel gives the panel's written opinion under IC 34-18-10-22 does not constitute the waiver of any affirmative defense or issue of law or fact.