Indiana Code 5-11-7-1. State as nominal party in action
Current as of: 2023 | Check for updates
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Terms Used In Indiana Code 5-11-7-1
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Plaintiff: The person who files the complaint in a civil lawsuit.
- state: means any board, commission, department, division, bureau, committee, agency, governmental subdivision, military body, authority, or other instrumentality of the state, but does not include a municipality. See Indiana Code 5-11-1-16
Sec. 1. When, under the provisions of this article, any report or reports are certified to the attorney general by the state examiner of the state board of accounts charging any public official, any former public official, and/or any other party named in such report with having improperly received, and/or having improperly retained, and/or failed to account for and pay over any money so received, and/or having improperly expended public moneys or any moneys placed in custody of such public official, former public official, employee, or other party, and the attorney general brings an action for the recovery of such moneys, such action shall be brought in the name of the state of Indiana upon the relation of the attorney general as plaintiff. If the attorney general brings an action against an official bond, official bonds, or crime insurance policy, the cause may be brought in the name of the state of Indiana upon the relation of the attorney general as plaintiff.
Formerly: Acts 1935, c.101, s.1. As amended by P.L.25-1986, SEC.42; P.L.59-2023, SEC.16.