§ 34-33.1-1-1 Permission to intervene when constitutionality of statute, ordinance, or franchise called into question; presentation of evidence and arguments

Codes > Indiana Code > Title 34 > Article 33.1 : Chapter 1 > 34-33.1-1-1 Permission

34-33.1-1-1 Permission to intervene when constitutionality of statute, ordinance, or franchise called into question; presentation of evidence and arguments

    Sec. 1. (a) If the constitutionality of a state statute, ordinance, or franchise affecting the public interest is called into question in an action, suit, or proceeding in any court to which any agency, officer, or employee of the state is not a party, the court shall certify this fact to the attorney general and shall permit the attorney general to intervene on behalf of the state and present:

        (1) evidence that relates to the question of constitutionality, if the evidence is otherwise admissible; and

        (2) arguments on the question of constitutionality.

    (b) If a party to an action bases its claim or defense on:

        (1) a statute or executive order administered by a state officer or agency; or

        (2) a rule, order, requirement, or agreement issued or made under the statute or executive order;

    the attorney general shall be permitted to intervene in the action.