Sec. 3. (a) If more than one (1) appeal is taken from a proceeding and the appeals are filed in the same or different courts, any party to an appeal may file in the court a motion stating that justice will be best served by consolidating the appeals. The party shall serve notice of the motion on the adverse party or the attorney of record.
(b) If the court in which the motion is filed decides that justice will be best served by the consolidation, the court shall order all of the appeals consolidated. The appeals shall be heard at the same time by the court, and different appeals pending in different courts may all be transferred to one (1) court for the purpose of consolidation or trial. The court may hear all appeals at the same time either with or without consolidation. However, if any party appealing or the municipality objects to consolidation, they have the right to a separate trial of each appeal.
[Pre-1998 Recodification Citation: 34-4-17.5-3.]
As added by P.L.1-1998, SEC.8.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 13. Causes of Action: Claims Against the Government
Chapter 6. Appeals From Actions of Municipalities
34-13-6-1. Complaint; Filing; Contents
34-13-6-2. Pleading; Motions to Dismiss Complaint or Appeal
34-13-6-3. Consolidation of Appeals; Separate Trial
34-13-6-4. Trial of Appeals; Scope of Review; Disposition
34-13-6-5. Findings of Court; Judgment; Costs; Damages; Assessment of Benefits
34-13-6-6. Change of Venue or Judge; Rehearing; Supreme Court Appeal; Procedure