Sec. 2. (a) A party to a proceeding commenced under
this article, the commissioner, or the chairman of a medical review
panel, if any, may invoke the jurisdiction of the court by paying the
statutory filing fee to the clerk and filing a copy of the proposed
complaint and motion with the clerk.
(b) The filing of a copy of the proposed complaint and motion with
the clerk confers jurisdiction upon the court over the subject matter and
the parties to the proceeding for the limited purposes stated in this
chapter, including the taxation and assessment of costs or the
allowance of expenses, including reasonable attorney's fees, or both.
(c) The moving party or the moving party's attorney shall cause as
many summonses as are necessary to be issued by the clerk and served
on the commissioner, each nonmoving party to the proceedings, and the
chairman of the medical review panel, if any, unless the commissioner
or the chairman is the moving party, together with a copy of the
proposed complaint and a copy of the motion under Rules 4 through
4.17 of the Indiana Rules of Trial Procedure.
[Pre-1998 Recodification Citation: 27-12-11-2.]
As added by P.L.1-1998, SEC.13.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 2000–2025 · leading case:
Wood v. Schuen, 760 N.E.2d 651 (Ind. Ct. App. 2001).
Wood v. Schuen, 760 N.E.2d 651 (Ind. Ct. App. 2001).
· cites it 4× “See Ind.Code Ann. § 34-18-11-2(a). After jurisdiction has been invoked in this manner, a trial court has only limited jurisdiction prior to the submission of an expert opinion by a medical review panel.”
Thomas v. Deitsch, 743 N.E.2d 1218 (Ind. Ct. App. 2001).
· cites it 4× “" Ind.Code § 34-18-11-2(b). One such "limited purpose" stated in the Malpractice Act is for the trial court to "preliminarily determine an affirmative defense or issue of law or fact that may be preliminarily determined under the Indiana Rules of Procedure.”
Beard v. Dominguez, 847 N.E.2d 1054 (Ind. Ct. App. 2006).
· cites it 4× “While a party may initially invoke the trial court's jurisdiction by paying a filing fee and filing the proposed complaint, see Ind.Code § 34-18-11-2(a), the court has only limited jurisdiction until a medical review panel has submitted its expert opinion regarding the case:…”
Hubbard v. Columbia Women's Hosp. of Indianapolis, 807 N.E.2d 45 (Ind. Ct. App. 2004).
· cites it 2× “However, pursuant to Indiana Code Section 34-18-11-2(b), "[the filing of a copy of the proposed complaint and motion with the clerk confers jurisdiction upon the court over the subject matter and the parties to the proceeding for the limited purposes stated in this chapter[.”
Ling v. Webb, 834 N.E.2d 1137 (Ind. Ct. App. 2005).
· cites it 2× “Indiana Code Section 34-18-11-2 permits a party, the commissioner, or the chairman of a medical review panel, if any, to invoke the jurisdiction of the court, for the limited purposes enunciated in Section 1, by paying the statutory filing fee to the clerk and filing a copy of…”
Zollman v. Gregory, 744 N.E.2d 497 (Ind. Ct. App. 2001).
· cites it 2× “On October 12, 1999, pursuant to Indiana Code 34-18-11-2 (Burns Code Ed. Repl.”
Burton v. Elskens, 730 N.E.2d 1281 (Ind. Ct. App. 2000).
“CODE § 34-18-11-2, "[t]he filing of a copy of the proposed complaint and motion with the clerk confers jurisdiction upon the court over the subject matter and the parties to the proceeding for the limited purposes stated in this chapter.”
Ind. Code § 34-18-11-2(a): 2 cases
Wood v. Schuen, 760 N.E.2d 651 (Ind. Ct. App. 2001).
“See Ind.Code Ann. § 34-18-11-2(a). After jurisdiction has been invoked in this manner, a trial court has only limited jurisdiction prior to the submission of an expert opinion by a medical review panel.”
Beard v. Dominguez, 847 N.E.2d 1054 (Ind. Ct. App. 2006).
“While a party may initially invoke the trial court's jurisdiction by paying a filing fee and filing the proposed complaint, see Ind.Code § 34-18-11-2(a), the court has only limited jurisdiction until a medical review panel has submitted its expert opinion regarding the case:…”
Ind. Code § 34-18-11-2(b): 3 cases
Thomas v. Deitsch, 743 N.E.2d 1218 (Ind. Ct. App. 2001).
“" Ind.Code § 34-18-11-2(b). One such "limited purpose" stated in the Malpractice Act is for the trial court to "preliminarily determine an affirmative defense or issue of law or fact that may be preliminarily determined under the Indiana Rules of Procedure.”
Hubbard v. Columbia Women's Hosp. of Indianapolis, 807 N.E.2d 45 (Ind. Ct. App. 2004).
“However, pursuant to Indiana Code Section 34-18-11-2(b), "[the filing of a copy of the proposed complaint and motion with the clerk confers jurisdiction upon the court over the subject matter and the parties to the proceeding for the limited purposes stated in this chapter[.”
Beard v. Dominguez, 847 N.E.2d 1054 (Ind. Ct. App. 2006).
“While a party may initially invoke the trial court's jurisdiction by paying a filing fee and filing the proposed complaint, see Ind.Code § 34-18-11-2(a), the court has only limited jurisdiction until a medical review panel has submitted its expert opinion regarding the case:…”
Ind. Code § 34-18-11-2(c): 1 case
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treatment. Dots show Syfertize treatment of the citing case itself.