Petition for judicial review; summons; burden of proof; rules of
procedure; county prosecuting attorney to represent state; costs
Sec. 7. (a) A petition for judicial review under this chapter must:
(1) be verified by the petitioner;
(2) state the petitioner's age, date of birth, place of residence,
and driver's license identification number;
(3) state the grounds for relief and the relief sought;
(4) be filed in the county in which the petitioner resides; and
(5) be filed in a circuit, superior, county, or municipal court.
(b) A summons in an action under this chapter shall be issued and
served in the manner provided for civil actions. The prosecuting
attorney of the county in which the petition is filed and the bureau
shall be served with the summons and a copy of the petition.
(c) In an action under this chapter, the petitioner must bear the
burden of proof by a preponderance of the evidence to prevail.
(d) IC 9-30-3-15 and the rules of trial procedure apply in a
proceeding under this chapter. However, a responsive pleading is not
required when a petition for review has been filed, and a person is
not entitled to a change of venue from the county.
(e) The prosecuting attorney of the county in which the petition
is filed shall represent the state in relation with the bureau.
(f) Court costs shall be assessed and paid by the petitioner at the
time of filing in an amount equal to the costs assessed in the
enforcement of infractions. However, a petitioner who has the
petitioner's driving privileges reinstated under section 8 of this
chapter is entitled to a refund of all costs paid.
As added by P.L.2-1991, SEC.18.
Last modified: May 27, 2006