Sec. 2. (a) Except as provided in subsection (b), in an action for mandate, as in other civil actions:

(1) the complaint must be verified;

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Terms Used In Indiana Code 34-27-3-2

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(2) the summons must be issued, or publication made, and proof of service and notice made; and

(3) the person, body, or tribunal defendant shall:

(A) appear and answer the complaint; or

(B) suffer default.

     (b) When an emergency is shown in the complaint, the court or the judge may issue an order at the time the complaint is filed, directing a shorter time for the return of the summons and for the appearance and answer of the defendant than is provided in civil cases. The return of the summons and the time for appearance must be fixed by the court.

[Pre-1998 Recodification Citation: 34-1-58-3.]

As added by P.L.1-1998, SEC.23.