Section 16-42-1-23 - Election to divide libeled merchandise into lots; dismissal as to particular lots; consent to destruction of particular lots(a) At any time before trial, the defense may file with the court a written election to divide into lots the merchandise that is alleged to be adulterated or misbranded. Each of the lots must be described in the written election in such a way as to enable them to be distinguished.(b) If different parties are defending as to separate lots, the court shall proceed to docket as many separate actions as there are separate defendants.(c) The state department may dismiss as to any lot without prejudice to the proceeding against all other lots in the same seizure. Those defending may consent to the destruction of any lot without prejudice to their right to defend against the condemnation of all other lots in the same seizure.Pre-1993 Recodification Citation: 16-1-28-27.
As added by P.L. 2-1993, SEC.25.