Section 5-11-5.7-9 - Subpoena; barring of civil action timing; establishment of elements of offense and damages by preponderance of the evidence; estoppel if conviction of crime involving fraud or false statements(a) A subpoena requiring the attendance of a witness at a trial or hearing conducted under this chapter may be served at any place in Indiana.(b) A civil action under section 4 of this chapter is barred unless it is commenced:(1) not later than six (6) years after the date on which the violation is committed; or(2) not later than three (3) years after the date when facts material to the cause of action are known or reasonably should have been known by a state officer or employee who is responsible for addressing the false claim, but in no event later than ten (10) years after the date on which the violation is committed, whichever occurs later.(c) In a civil action brought under this chapter, the state is required to establish: (1) the essential elements of the offense; and(2) damages; by a preponderance of the evidence.
(d) If a defendant has been convicted (including a plea of guilty or nolo contendere) of a crime involving fraud or a false statement, the defendant is estopped from denying the elements of the offense in a civil action brought under section 4 of this chapter that involves the same transaction as the criminal prosecution.Amended by P.L. 109-2014, SEC. 10, eff. 7/1/2014.Added by P.L. 197-2013, SEC. 1, eff. 7/1/2013.