Sec. 9. Whenever an information is filed by the attorney general or by any prosecuting attorney, such officer shall not be liable for costs; but when it is filed upon the relation of a private person, he shall be liable for costs unless the same are adjudged against the defendant. In all proceedings instituted under the provisions of this chapter by the attorney general or by the prosecuting attorney on the order and direction of the court, the attorney general, or the governor, all necessary costs and expenses of the prosecution shall be paid out of moneys in the state treasury not otherwise appropriated if such costs cannot be collected from the defendant or defendants, in case judgment be rendered against such defendant or defendants, and it shall be the duty of the auditor of state, upon receipt from the attorney general of a statement of the costs and expenses of any such prosecution, to draw his warrant upon the treasurer of state for the amount so certified; provided, however, that the attorney general shall not involve the state in any extraordinary expense for experts or other assistants without first obtaining the consent of the governor, and twenty thousand dollars ($20,000) is appropriated biennially from any funds of the state not otherwise appropriated to defray the expenses of such prosecutions by the attorney general. Such prosecuting attorney shall also be allowed by the court trying such cause reasonable compensation for his services, and such allowances shall be paid as part of the costs and expenses of such prosecution.
Formerly: Acts 1907, c.243, s.9. As amended by P.L.152-1986, SEC.11.
Structure Indiana Code
Article 1. Combinations in Restraint of Trade
Chapter 2. Combinations Restraining Trade
24-1-2-1. Illegal Combinations; Exceptions; Offense; Defense
24-1-2-3. Restraint of Bidding for Letting Contracts; Offense
24-1-2-4. Collusion Among Contract Bidders; Civil Action by Principal; Action by Attorney General
24-1-2-5. Duty of Attorney General and Prosecuting Attorney; Civil and Criminal Proceedings
24-1-2-5.1. Attorney General May Bring Action on Behalf of the State or a Political Subdivision
24-1-2-6. Discovery Proceedings; Examination of Defendant; Sanctions for Noncompliance
24-1-2-7. Treble Damage Action; Attorney General's Representation of State or Political Subdivision
24-1-2-8. General Importance of Case; Certificate
24-1-2-9. Costs of Proceedings
24-1-2-11. Examination of Witness or Party; Immunity From Criminal Prosecution