Sec. 1. Parties may, either with or without process, by agreement, submit any matter of controversy between the parties to a court that would otherwise have jurisdiction of the cause, upon an agreed statement of facts to be made out and signed by the parties. However, it must appear by affidavit that: (1) the controversy is real; and (2) the proceedings are a good faith effort to determine the rights of the parties. The court shall then proceed to try the cause and render judgment as in other cases. [Pre-1998 Recodification Citation: 34-1-29-1.]
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