Ind. R. Civ. P. 17.1

As amended through April 3, 2024
Rule 17.1 - Parties: State as Party-Attorney General

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.

Ind. R. Civ. P. 17.1