Discovery; preliminary rulings
Sec. 1. (a) A court having jurisdiction over the subject matter and
the parties to a proposed complaint filed with the commissioner
under this article may, upon the filing of a copy of the proposed
complaint and a written motion under this chapter, do one (1) or both
of the following:
(1) preliminarily determine an affirmative defense or issue of
law or fact that may be preliminarily determined under the
Indiana Rules of Procedure; or
(2) compel discovery in accordance with the Indiana Rules of
Procedure.
(b) The court has no jurisdiction to rule preliminarily upon any
affirmative defense or issue of law or fact reserved for written
opinion by the medical review panel under IC 34-18-10-22(b)(1),
IC 34-18-10-22(b)(2), and IC 34-18-10-22(b)(4).
(c) The court has jurisdiction to entertain a motion filed under this
chapter only during that time after a proposed complaint is filed with
the commissioner under this article but before the medical review
panel gives the panel's written opinion under IC 34-18-10-22.
(d) The failure of any party to move for a preliminary
determination or to compel discovery under this chapter before the
medical review panel gives the panel's written opinion under
IC 34-18-10-22 does not constitute the waiver of any affirmative
defense or issue of law or fact.
As added by P.L.1-1998, SEC.13.
Last modified: May 24, 2006