Indiana Code
Ind. Code § 34-7-7-6 (2026)
Discovery; stay pending motion to dismiss
✓ current as of May 2026
Sec. 6. All discovery proceedings in the action are stayed upon the filing of a motion to dismiss made under this chapter, except for discovery relevant to the motion.
As added by P.L.114-1998, SEC.7.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2017–2024 · leading case: Paul Gresk, Tr. for the Bankr. Est. of Derek VanWinkle & Stacey VanWinkle on behalf of M v. & A v. their minor Child. v. Cortney Demetris, M.D., 96 N.E.3d 564 (Ind. 2018).
Paul Gresk, Tr. for the Bankr. Est. of Derek VanWinkle & Stacey VanWinkle on behalf of M v. & A v. their minor Child. v. Cortney Demetris, M.D., 96 N.E.3d 564 (Ind. 2018). “§§ 34-7-7-6, -9(a)(3). Defendants who successfully invoke the statute's defense are entitled to dismissal and reasonable attorney's fees and costs.”
Paul Gresk, Tr. for the Bankr. Est. of Derek VanWinkle & Stacey VanWinkle on behalf of M v. & A v. their minor Child. v. Cortney Demetris, M.D., 81 N.E.3d 645 (Ind. Ct. App. 2017). “See Ind. Code § 34-7-7-6 ("All discovery proceedings in the action are stayed upon the filing of a motion to dismiss made under this chapter, except for discovery relevant to the motion.”
Mark Campbell v. Andrew Campbell (Ind. Ct. App. 2024). “I.C. §§ 34-7-7-6, -9(a)(3). In addition, the motion must be ruled on in an expedited manner.”
Croce v. Sanders (S.D. Ohio 2020). “See Ind. Code § 34-7-7-6 . The filing of the special motion to dismiss triggers an “expedited proceeding” provision by which the trial court, within 180 days, supervises limited discovery and determines whether defendant has proved by a preponderance of the evidence that he was…”
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