IN · rules
Ind. Trial Rule 17.1
Parties: State as party—Attorney general
Effective April 13, 1971
If in any action or proceeding involving real property, instituted in any court of this state, it
appears from the allegations of any pleading filed therein that the state of Indiana has, or
claims to have a lien upon or an interest in such real estate, the state may be made a party
defendant to the action, and shall be bound by any judgment or decree rendered thereon.
Service of summons shall be made upon the Attorney General as provided in Rule 4.8. It shall
be the duty of the Attorney General, in person or by deputy to appear and defend such proceedings or suit, on behalf of the state of Indiana. The Attorney General may, in his discretion, designate the prosecuting attorney of the circuit in which such action is pending as
his deputy for the purpose of defending such proceedings or suit on behalf of the state of
Indiana. After the prosecuting attorney enters his appearance as such deputy, pleadings
under Rule 5 shall be served upon him for and on behalf of the Attorney General. The state
may appeal from such judgment or decree, in like manner and under the same terms and
conditions as other parties in like cases.
This rule is meant, without limitation, to apply to actions to foreclose a mortgage or other lien
on real estate, to subject any real estate to sale, or to partition or quiet title to real estate.
Further, in any case in which the Attorney General represents the State of Indiana, the judge
presiding in the case where such cause is pending, shall promptly notify the Attorney General
by United States mail, addressed to his office in Indianapolis, Indiana, of any ruling made in
such cause or of the fixing of a date for the trial thereof.
Provenance
- Source
- rules.incourts.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-01-2026-08-01
- Content hash
5b4b056679ee76e8cfb2c779d71af85b3632a804a0ad4a807a0c957de82ee029
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