Sec. 11. When declaratory relief is sought, all persons shall be made parties who have or claim any interest that would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding in which a statute, ordinance, or franchise is alleged to be unconstitutional, the court shall certify this fact to the attorney general, and the attorney general shall be permitted to intervene for presentation of evidence, if evidence is otherwise admissible in the case, and for arguments on the question of constitutionality. In any proceeding that involves the validity of a municipal ordinance or franchise, the municipality shall be made a party, and shall be entitled to be heard. If the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state shall also be served with a copy of the proceeding and be entitled to be heard.
[Pre-1998 Recodification Citation: 34-4-10-11.]
As added by P.L.1-1998, SEC.9. Amended by P.L.40-2010, SEC.1.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 14. Causes of Action: Declaratory Judgment
Chapter 1. Uniform Declaratory Judgment Act
34-14-1-1. Power of Court; Form and Effect of Declaration
34-14-1-2. Persons Who May Obtain Declaratory Judgment
34-14-1-3. Construction of Contract Before or After Breach
34-14-1-4. Declarations Regarding Trusts or Estates
34-14-1-5. General Powers Not Restricted by Enumeration of Specific Powers
34-14-1-6. Refusal to Render Declaratory Judgment; Discretion of Court
34-14-1-7. Review of Judgments or Decrees
34-14-1-8. Further Relief Based on Declaratory Judgment; Application
34-14-1-9. Trial on Issues of Fact
34-14-1-12. Purpose of Chapter
34-14-1-14. Severability of Certain Sections