Priority of appeal
Sec. 8. An appeal takes precedence over other pending litigation
and shall be tried and determined by the court at as early a date as
practical.
As added by P.L.1-1998, SEC.8.
&DNM.IC 34-7-6
&YENC.
&YAMD.
Chapter 6. Extensions of Time During Emergencies
&DNM.IC 34-7-6-1
&YENC.1998
&YAMD.1998
Emergency extension of time; applicability
IC 34-7-6-1 Sec. 1. This chapter applies to a proceeding:
(1) pending before a court, a body, or an official, that exists under
the constitution or laws of Indiana;
(2) in which certain limitations of time are or may be fixed by law
or rule for doing any acts in the proceeding; and
(3) if an emergency exists or arises by reason of:
(A) war;
(B) insurrection;
(C) pestilence; or
(D) act of God;
which prevents the performance of an act that is essential to
conserve substantial rights.
&HST.As added by P.L.1-1998, SEC.2.&EHST.
&DNM.IC 34-7-6-2
&YENC.1998
&YAMD.1998
Authority to declare emergency
IC 34-7-6-2 Sec. 2. The court, judge, body, or official has authority
to:
(1) find and declare:
(A) the existence of an emergency; and
(B) the time during which the emergency existed; and
(2) enter the finding and declaration in the record.
&HST.As added by P.L.1-1998, SEC.2.&EHST.
&DNM.IC 34-7-6-3
&YENC.1998
&YAMD.1998
Computation of time
IC 34-7-6-3 Sec. 3. In computing the time within which the act is
required to be done under the limitations fixed by law or rule, the time
during which such emergency existed shall be excluded, and shall not
be considered.
&HST.As added by P.L.1-1998, SEC.2.&EHST.
&DNM.IC 34-7-6-4
&YENC.1998
&YAMD.1998
Supreme court granting relief
IC 34-7-6-4 Sec. 4. If a court, judge, body, or official described in
section 2 of this chapter is not able to act for any reason, the supreme
court of Indiana upon petition:
(1) may grant a finding and declaration of an emergency in place
of the presiding court, judge, body, or official; and
(2) shall certify its order to the presiding court, judge, body, or
official.
&HST.As added by P.L.1-1998, SEC.2.&EHST.
&DNM.IC 34-7-6-5
&YENC.1998
&YAMD.1998
Supreme court regulating procedures
IC 34-7-6-5 Sec. 5. The supreme court may regulate all procedures
described in this chapter by rules.
&HST.As added by P.L.1-1998, SEC.2.&EHST.
Last modified: May 24, 2006