(a) In the civil action or proceeding in which the expenses were incurred or other
amounts were paid, or
(b) To the supreme court in a separate proceeding, in which case the application shall
set forth the disposition of any previous application made to any court for the same
or similar relief and also reasonable cause for the failure to make application for
such relief in the action or proceeding in which the expenses were incurred or other
amounts were paid.
2. The application shall be made in such manner and form as may be required by the
applicable rules of court, or in the absence thereof, by direction of a court to which
it is made. Such application shall be upon notice to the corporation. The court may also direct that notice be given at the expense of the corporation
to the shareholders and such other persons as it may designate in such manner as it
3. Where indemnification is sought by judicial action, the court may allow a person
such reasonable expenses, including attorneys' fees, during the pendency of the litigation
as are necessary in connection with his defense therein, if the court shall find that
the defendant has by his pleadings or during the course of the litigation raised genuine
issues of fact or law.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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