2017 Indiana Code
TITLE 34. Civil Law and Procedure
ARTICLE 18. MEDICAL MALPRACTICE
CHAPTER 11. Preliminary Determination of Affirmative Defense or Issue of Law or Fact; Discovery
34-18-11-2. Invoking jurisdiction of the court; issuance of summons
Sec. 2. (a) A party to a proceeding commenced under this article, the commissioner, or the chairman of a medical review panel, if any, may invoke the jurisdiction of the court by paying the statutory filing fee to the clerk and filing a copy of the proposed complaint and motion with the clerk.
(b) The filing of a copy of the proposed complaint and motion with the clerk confers jurisdiction upon the court over the subject matter and the parties to the proceeding for the limited purposes stated in this chapter, including the taxation and assessment of costs or the allowance of expenses, including reasonable attorney's fees, or both.
(c) The moving party or the moving party's attorney shall cause as many summonses as are necessary to be issued by the clerk and served on the commissioner, each nonmoving party to the proceedings, and the chairman of the medical review panel, if any, unless the commissioner or the chairman is the moving party, together with a copy of the proposed complaint and a copy of the motion under Rules 4 through 4.17 of the Indiana Rules of Trial Procedure.
[Pre-1998 Recodification Citation: 27-12-11-2.]
As added by P.L.1-1998, SEC.13.
