Civil Law

April 20, 2010 | Category: Civil

Attorney general matters
S.E.A. 394, P.L. 40-2010
Effective July 1, 2010
Requires courts, both trial and appellate, to certify to the attorney general if the constitutionality of a state statute, ordinance, or franchise affecting the public interest has been called into question.  In such situations the court shall permit the attorney general to intervene and present arguments and evidence that relate to the question of constitutionality.  Authorizes the attorney general’s intervention in cases in which a party bases a claim or defense on a statute or executive order administered by a state officer or agency.  Provides that the attorney general may file an amicus brief in any matter pending before “any state court” without consent of the parties or leave of the court.

Bankruptcy exemptions; earned income tax credit
H.E.A. 1021, P.L. 44-2010
Effective July 1, 2010
Provides that a debtor’s Indiana earned income tax credit is exempt property under the bankruptcy property exemption statute.  (Prior law provided only that a debtor’s federal earned income tax credit is exempt property.)

Change of name requirements
H.E.A. 1047, P.L. 61-2010
Effective July 1, 2010
Requires that a petition for a name change:  (1) include specified proof of identity for persons at least 17 years old, including a driver’s license number, date of birth, etc.; (2) be filed with the circuit court of the county in which the person resides; and (3) (if filed by a person at least 17 years old) be affirmed under penalties of perjury.  Removes a provision requiring a parent or guardian of a minor child who wishes to change the name of the minor child to publish the first notice of the petition for the name change not more than seven days after the date the petition is filed.

Uniform enforcement of foreign judgments act
H.E.A. 1062, P.L. 63-2010
Effective July 1, 2010
Authorizes the enforcement of a judgment of another state upon filing the judgment in the office of the clerk of the court.

Abatement of vacant or abandoned structures [Mortgage foreclosure presuit notice]
H.E.A. 1122, P.L. 68-2010
Effective July 1, 2010 (§ 1-2, 4-5); January 1, 2011 (§ 3)
Combines the two Indiana Code provisions concerning the presuit notice required in residential foreclosure proceedings into one section.  Provides that the presuit notice must inform the debtor that if the creditor obtains a foreclosure judgment, the debtor has a right to do the following before a sheriff’s sale is conducted: (1) appeal a court finding of abandonment; (2) redeem the real estate from the judgment; and (3) retain possession of the property, subject to certain conditions.  Provides that an enforcement authority that has issued an abatement order for a vacant or abandoned structure may under certain conditions file a praecipe for the sale of the property with the clerk of the county after 180 days have elapsed from the date a foreclosure judgment and decree is filed, if the party that is entitled to enforce the judgment has not itself filed a praecipe.

Exempt veterans’ benefits from attachment
H.E.A. 1165, P.L. 53-2010
Effective July 1, 2010
Provides that a disability benefit awarded to a veteran for a service connected disability is exempt from attachment and notes that this provision does not apply if the benefit is subject to child and spousal support enforcement.

Uniform acts concerning civil procedure
H.E.A. 1350, P.L. 57-2010
Effective July 1, 2010
Enacts the Uniform Interstate Depositions and Discovery Act and the Uniform Unsworn Foreign Declarations Act.  The discovery act allows litigants to present (to a clerk of the court located in the state where discoverable materials are sought) a subpoena issued by a court in the trial state.  The declarations act affirms the use in state law proceedings of unsworn declarations made by declarants who are physically outside the boundaries of the United States when making the declaration.

Another bill of interest:

Display of political signs
S.E.A. 64; P.L. 5-2010
Effective July 1, 2010