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Rule 83 – Definitions

May 13, 2021 | Civil Procedure, Indiana

Subject to additional definitions contained herein, and unless the context otherwise requires, in these rules:

(1) “Court on appeal” means the Indiana supreme court or the court of appeals of Indiana.
(2) “Executive” of a governmental organization includes the governor of the state; the officer or individual occupying any office or unit occupied only by one [1] person; the mayor of any city or town; in the case of a governmental unit or agency headed by more than one [1] person, the presiding officer thereof or the secretary thereof, or if none, any member thereof; in the case of a governmental corporation, the president or presiding officer, secretary, or treasurer thereof. “Executive officer” of an organization includes the president, vice president, secretary, treasurer, cashier, director, chairman of the board of directors or trustees, office manager, plant manager, or subdivision manager, partner, or majority shareholder. For purposes of service of process, notice and other papers, the term includes the personal secretary of any of the foregoing persons or any person employed under or with any of the foregoing persons and who is entrusted with responsible handling of legal papers, and any person employed in the organization if such person promptly delivers the papers served to one of the foregoing.
(3) “Governmental organization” includes the state, or a department, agency, corporation, office or branch thereof; a county, township, municipality or local governmental unit, or a department, agency, corporation, office or branch thereof; or any governmental representative named as such; or any governmental unit.
(4) “Governmental representative” includes an officer, agent, executive or employee of a governmental organization.
(5) “Organization” includes, without limitation, a domestic or foreign corporation, partnership, unincorporated association, business trust, governmental organization or an organization which is a representative.
(6) “Representative” includes, without limitation, a representative of a decedent’s estate, guardian, next friend, receiver, assignee for the benefit of creditors, liquidator, trustee or the like.

Ind. R. Civ. P. 83