IC 34TITLE 34. CIVIL LAW AND PROCEDURE
           Art. 1.REPEALED
           Art. 2.REPEALED
           Art. 3.REPEALED
           Art. 4.REPEALED
           Art. 5.REPEALED
           Art. 6.DEFINITIONS
           Art. 7.GENERAL PROVISIONS
           Art. 8.RULES OF PROCEDURE
           Art. 9.PARTIES
           Art. 10.ACCESS TO COURTS BY INDIGENT PERSONS
           Art. 11.LIMITATION OF ACTIONS
           Art. 12.PROHIBITED CAUSES OF ACTION
           Art. 13.CAUSES OF ACTION: CLAIMS AGAINST THE GOVERNMENT
           Art. 14.CAUSES OF ACTION: DECLARATORY JUDGMENT
           Art. 15.CAUSES OF ACTION: DEFAMATION, LIBEL, AND SLANDER
           Art. 16.CAUSES OF ACTION: GAMBLING DEBTS AND LOSSES
           Art. 17.CAUSES OF ACTION: INFORMATIONS
           Art. 18.MEDICAL MALPRACTICE
           Art. 19.REPEALED
           Art. 20.CAUSES OF ACTION: PRODUCT LIABILITY
           Art. 21.REPEALED
           Art. 22.CAUSES OF ACTION: SURETY'S REMEDIES AGAINST PRINCIPAL
           Art. 23.CAUSES OF ACTION: WRONGFUL DEATH
           Art. 24.CIVIL PROCEEDINGS RELATED TO CRIMINAL ACTIVITIES
           Art. 25.SPECIAL PROCEEDINGS: ATTACHMENT AND GARNISHMENT
           Art. 25.5.SPECIAL PROCEEDINGS: HABEAS CORPUS
           Art. 26.SPECIAL PROCEEDINGS: INJUNCTIONS AND RESTRAINING ORDERS
           Art. 27.SPECIAL PROCEEDINGS: MANDATE AND PROHIBITION
           Art. 28.SPECIAL PROCEEDINGS: MISCELLANEOUS CIVIL PROCEEDINGS AND REMEDIES
           Art. 29.IMMUNITY FROM CIVIL ARREST
           Art. 30.IMMUNITY FROM CIVIL LIABILITY
           Art. 31.LIMITED LIABILITY
           Art. 32.COMMENCEMENT OF ACTION: NOTICE AND PUBLICATION
           Art. 33.COMMENCEMENT OF ACTION: SERVICE OF PROCESS
           Art. 33.1.AUTHORITY OF THE ATTORNEY GENERAL
           Art. 34.REPEALED
           Art. 35.CHANGE OF VENUE
           Art. 36.JURIES
           Art. 37.EVIDENCE: DOCUMENTARY AND OTHER WRITTEN EVIDENCE IN GENERAL
           Art. 38.EVIDENCE: STATUTES AND LAWS
           Art. 39.EVIDENCE: COURT DECISIONS AND RECORDS OF OTHER LEGAL PROCEEDINGS
           Art. 40.EVIDENCE: RECORDS OF PUBLIC AGENCIES
           Art. 41.EVIDENCE: REAL ESTATE RECORDS
           Art. 42.EVIDENCE: BUSINESS RECORDS
           Art. 43.EVIDENCE: MEDICAL RECORDS
           Art. 43.5.EVIDENCE: SPECIFIC COMMUNICATIONS
           Art. 44.EVIDENCE: DAMAGES
           Art. 44.5.EVIDENCE: UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT
           Art. 45.WITNESSES
           Art. 46.PRIVILEGED COMMUNICATIONS
           Art. 47.CONTEMPT OF COURT
           Art. 48.REPEALED
           Art. 49.BONDS
           Art. 50.SETTLEMENT OF CLAIMS
           Art. 51.DAMAGES
           Art. 52.COSTS
           Art. 53.SUBROGATION
           Art. 54.JUDGMENTS
           Art. 55.EXECUTION OF JUDGMENTS
           Art. 56.APPEALS
           Art. 57.ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION
           Art. 58.SCREENING OF OFFENDER LITIGATION
           Art. 59.UNIFORM UNSWORN FOREIGN DECLARATIONS ACT
           Art. 60.VICTIM ADVOCATES

 

IC 34-1ARTICLE 1. REPEALED

[Pre-Local Government Recodification Citations:

34-1-32-7              formerly 5-7-1-15; 34-1-32-7.]

Repealed by P.L.1-1998, SEC.221.

 

IC 34-2ARTICLE 2. REPEALED

Repealed by P.L.1-1998, SEC.221.

 

IC 34-3ARTICLE 3. REPEALED

Repealed by P.L.1-1998, SEC.221.

 

IC 34-4ARTICLE 4. REPEALED

[Pre-Local Government Recodification Citations:

34-4-16.4-1           formerly 17-1-24-27 part; 18-1-6-13 part

34-4-16.4-2           formerly 18-2-4-1; 18-2-4-2

34-4-16.8-1           formerly 17-3-28-1 part

34-4-16.8-2           formerly 17-3-28-1 part

34-4-17.5-1           formerly 18-5-17-1

34-4-17.5-2           formerly 18-5-17-2

34-4-17.5-3           formerly 18-5-17-3

34-4-17.5-4           formerly 18-5-17-4

34-4-17.5-5           formerly 18-5-17-5

34-4-17.5-6           formerly 18-5-17-6

34-4-17.5-7           formerly 18-5-17-7

34-4-17.5-8           formerly 18-5-17-8.]

Repealed by P.L.1-1998, SEC.221.

 

IC 34-5ARTICLE 5. REPEALED

Repealed by P.L.1-1998, SEC.221.

 

IC 34-6ARTICLE 6. DEFINITIONS
           Ch. 1.General Provisions
           Ch. 2.Definitions

 

IC 34-6-1Chapter 1. General Provisions
           34-6-1-1Applicability of definitions

 

IC 34-6-1-1Applicability of definitions

     Sec. 1. Except as otherwise provided, the definitions in this article apply throughout this title.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2Chapter 2. Definitions
           34-6-2-1Repealed
           34-6-2-2"Actual damages"
           34-6-2-2.5"Adult person"
           34-6-2-3"Advance payment"
           34-6-2-3.1"Advanced emergency medical technician"
           34-6-2-3.3"Advertiser or sponsor"
           34-6-2-4Repealed
           34-6-2-5"Agency"
           34-6-2-6"Aggrieved person"
           34-6-2-7Repealed
           34-6-2-8"Agricultural product"
           34-6-2-8.2"Agritourism activity"
           34-6-2-8.3"Agritourism provider"
           34-6-2-9"Ambulance service"
           34-6-2-10"Annual aggregate"
           34-6-2-11"Armory"
           34-6-2-11.5"Asbestos claim"
           34-6-2-12"Assisting sheriff"
           34-6-2-13"Auctioneer"
           34-6-2-14"Authority"
           34-6-2-15"Authorized persons"
           34-6-2-15.7"Basic life support"
           34-6-2-16"Beverages"
           34-6-2-17"Business"
           34-6-2-18"Center"
           34-6-2-19"Certified copy of a certificate of title"
           34-6-2-20"Charitable entity"
           34-6-2-21"Child"
           34-6-2-21.2Repealed
           34-6-2-22"Cognovit note"
           34-6-2-23"College, university, or junior college"
           34-6-2-24"Commissioner"
           34-6-2-25"Community health center"
           34-6-2-26"Community mental health center"
           34-6-2-27"Community intellectual disability center"
           34-6-2-28"Compensation"
           34-6-2-29"Consumer"
           34-6-2-29.5"Corporation"
           34-6-2-30"Cost of the periodic payments agreement"
           34-6-2-30.5"Costs"
           34-6-2-31"Court"
           34-6-2-32"Criminal organization"
           34-6-2-32.5"Cyber liability"
           34-6-2-33"Daily newspaper"
           34-6-2-33.5"Debt"
           34-6-2-34"Department"
           34-6-2-34.3"Domestic animal"
           34-6-2-34.5"Domestic or family violence"
           34-6-2-35"Economically feasible"
           34-6-2-36"Emergency"
           34-6-2-37"Emergency medical technician"
           34-6-2-37.2Repealed
           34-6-2-37.4Repealed
           34-6-2-38"Employee" and "public employee"
           34-6-2-39"Enterprise"
           34-6-2-40"Equine"
           34-6-2-41"Equine activity"
           34-6-2-42"Equine activity sponsor"
           34-6-2-43"Equine professional"
           34-6-2-44"Evaluation of patient care"
           34-6-2-44.1"Event"
           34-6-2-44.2"Exempt"
           34-6-2-44.3Repealed
           34-6-2-44.4"Exemption"
           34-6-2-44.5"Extreme sport area"
           34-6-2-44.6"Extreme sport equipment"
           34-6-2-44.7"Family law arbitrator"
           34-6-2-44.8"Family or household member"
           34-6-2-45"Fault"
           34-6-2-46"Fees or other expenses"
           34-6-2-46.5"Fire control or protection equipment"
           34-6-2-46.7"Firearm"
           34-6-2-47"Food item"
           34-6-2-48"Food source"
           34-6-2-48.3"Foreign judgment"
           34-6-2-48.5"Foreign protection order"
           34-6-2-49"Governmental entity"
           34-6-2-50"Grant recipient"
           34-6-2-51"Gratuitously renders emergency care"
           34-6-2-52"Hazardous substance"
           34-6-2-53"Health care"
           34-6-2-54"Health care provider"
           34-6-2-55"Health care services"
           34-6-2-56"Health facility"
           34-6-2-57"Hitchhiker"
           34-6-2-58"Homeowners association"
           34-6-2-59"Hospital"
           34-6-2-60"Hospital medical record"
           34-6-2-60.4"Ice skater"
           34-6-2-60.6"Ice skating rink"
           34-6-2-61"Illegal drug"
           34-6-2-62"Illegal drug market"
           34-6-2-63"Illegal drug market target community"
           34-6-2-64"In good faith"
           34-6-2-65"Incapacitated"
           34-6-2-66Repealed
           34-6-2-66.7"Indian tribe"
           34-6-2-67"Individual drug user"
           34-6-2-68Repealed
           34-6-2-68.8"Inherent risks of agritourism activities"
           34-6-2-69"Inherent risks of equine activities"
           34-6-2-69.5"Innocent successor corporation"
           34-6-2-70"Insured"
           34-6-2-71"Insurer"
           34-6-2-71.3"Interested party"
           34-6-2-71.7"Issuing state or Indian tribe"
           34-6-2-71.9"Judicial lien"
           34-6-2-72"Law"
           34-6-2-72.2"Land"
           34-6-2-73"Law enforcement costs"
           34-6-2-73.3"Law enforcement officer"
           34-6-2-73.5"Levy"
           34-6-2-73.7"Lien"
           34-6-2-74Repealed
           34-6-2-74.1"Livestock"
           34-6-2-75"Loss"
           34-6-2-76"Malpractice"
           34-6-2-77"Manufacturer"
           34-6-2-78"Mediation"
           34-6-2-79"Mediator"
           34-6-2-80"Mental health service provider"
           34-6-2-81Repealed
           34-6-2-82"Migrant health center"
           34-6-2-82.6"Military base"
           34-6-2-83"Minor"
           34-6-2-83.8"Monetary consideration"
           34-6-2-84"Motor vehicle"
           34-6-2-85"Moving traffic violation"
           34-6-2-86"Municipal corporation"
           34-6-2-86.4Repealed
           34-6-2-87"News service"
           34-6-2-87.7"Noneconomic damages"
           34-6-2-88"Nonparty"
           34-6-2-88.3"Nonprofit religious organization"
           34-6-2-89"Offender"
           34-6-2-90"Offeror"
           34-6-2-91"Operator"
           34-6-2-92"Paramedic"
           34-6-2-93"Parents"
           34-6-2-94"Partially emancipated minor"
           34-6-2-95"Participant"
           34-6-2-96"Participate"
           34-6-2-97"Participate in the illegal drug market"
           34-6-2-98"Patient"
           34-6-2-99"Peer review committee"
           34-6-2-100"Performance"
           34-6-2-101"Period of illegal drug use"
           34-6-2-102"Periodic payments agreement"
           34-6-2-103"Person"
           34-6-2-104"Personnel of a peer review committee"
           34-6-2-105"Physical harm"
           34-6-2-106"Physician"
           34-6-2-107Repealed
           34-6-2-108"Place of illegal drug activity"
           34-6-2-109"Place of participation"
           34-6-2-110"Political subdivision"
           34-6-2-111"Position of the agency"
           34-6-2-111.5"Possessor of land"
           34-6-2-112"Practitioner"
           34-6-2-113"Prejudgment interest"
           34-6-2-113.5"Prior civil law and procedure"
           34-6-2-114"Product"
           34-6-2-115"Product liability action"
           34-6-2-116"Professional health care organization"
           34-6-2-117"Professional health care provider"
           34-6-2-118"Professional staff"
           34-6-2-119"Program"
           34-6-2-120"Property"
           34-6-2-121Repealed
           34-6-2-121.4"Protected person"
           34-6-2-121.6"Protection order" or "order for protection"
           34-6-2-122"Psychiatric hospital"
           34-6-2-123"Public employee"
           34-6-2-124"Public lawsuit"
           34-6-2-125Repealed
           34-6-2-126Repealed
           34-6-2-127"Qualified director"
           34-6-2-128"Qualified settlement offer"
           34-6-2-129"Recipient"
           34-6-2-129.4"Recreation"
           34-6-2-129.5"Recreational facility"
           34-6-2-129.6"Recreational user"
           34-6-2-130"Representative"
           34-6-2-130.7"Respondent"
           34-6-2-131"Retirement plan"
           34-6-2-132"Risk"
           34-6-2-133"Risk manager"
           34-6-2-134"Roller skater"
           34-6-2-135"Roller skating rink"
           34-6-2-135.5"Security interest"
           34-6-2-136"Seller"
           34-6-2-137"Session of the general assembly"
           34-6-2-138"Sheriff"
           34-6-2-139"Sports or leisure activity"
           34-6-2-140"State"
           34-6-2-141"State agency"
           34-6-2-142"Stepchild"
           34-6-2-142.3"Structured settlement"
           34-6-2-142.5"Successor asbestos related liability"
           34-6-2-142.6"Telecommunications"
           34-6-2-143"Tort"
           34-6-2-143.5"Transfer"
           34-6-2-143.7"Transferee"
           34-6-2-143.8"Transferor corporation"
           34-6-2-143.9"Trespasser"
           34-6-2-144"Trial"
           34-6-2-144.2"Tribunal"
           34-6-2-144.8"Uninsured motorist with a previous violation"
           34-6-2-145"Unit"
           34-6-2-146"Unreasonably dangerous"
           34-6-2-147"User"
           34-6-2-148"Vehicle"
           34-6-2-148.2"Victim"
           34-6-2-148.3"Victim advocate"
           34-6-2-148.5"Victim notification capabilities"
           34-6-2-148.7"Victim service provider"
           34-6-2-149Repealed
           34-6-2-150"Volunteer"
           34-6-2-151"Weekly newspaper"

 

IC 34-6-2-1Repealed

[Pre-1998 Recodification Citation: 34-4-5.1-1 part.]

As added by P.L.1-1998, SEC.1. Repealed by P.L.133-2002, SEC.69.

 

IC 34-6-2-2"Actual damages"

     Sec. 2. (a) "Actual damages", for purposes of IC 34-15-3, includes all damages that the plaintiff may have suffered in respect to the plaintiff's character, property, business, trade, profession, or occupation.

     (b) "Actual damages", for purposes of IC 34-15-4, means all damages that the plaintiff may have suffered in respect to the plaintiff's reputation, property, business, trade, profession, or occupation.

     (c) The phrase does not include any other damages.

[Pre-1998 Recodification Citations: subsection (a) formerly 34-4-14-2; subsection (b) formerly 34-4-15-2.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-2.5"Adult person"

     Sec. 2.5. "Adult person", for purposes of IC 34-23-1-2, has the meaning set forth in IC 34-23-1-2(a).

As added by P.L.84-1999, SEC.1.

 

IC 34-6-2-3"Advance payment"

     Sec. 3. "Advance payment", for purposes of IC 34-44-2, means a payment made:

(1) by:

(A) the defendant in an action to recover damages for personal injuries, wrongful death, or property damage; or

(B) the defendant's insurance company; and

(2) to or for the plaintiff or any other person.

[Pre-1998 Recodification Citation: 34-3-2.5-1 part.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-3.1"Advanced emergency medical technician"

     Sec. 3.1. "Advanced emergency medical technician", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-3.5.

As added by P.L.77-2012, SEC.53.

 

IC 34-6-2-3.3"Advertiser or sponsor"

     Sec. 3.3. (a) "Advertiser or sponsor", for purposes of IC 34-30-22, means a person who for political, commercial, educational, benevolent, or charitable purposes:

(1) donates or contributes money, materials, or products; or

(2) pays fees to advertise or display trademarks;

in connection with an event.

     (b) The term does not include a person who exercises primary control over an event.

As added by P.L.116-2005, SEC.1.

 

IC 34-6-2-4Repealed

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1. Repealed by P.L.205-2003, SEC.44.

 

IC 34-6-2-5"Agency"

     Sec. 5. (a)"Agency", for purposes of IC 34-30-9, has the meaning set forth in IC 4-20.5-1-3. The term includes any institution supported by taxes.

     (b) "Agency", for purposes of IC 34-52-2, refers to any elected official or other authority exercising any of the executive, including administrative, authority of the state. The term does not include the legislative or judicial department of state government or a political subdivision.

[Pre-1998 Recodification Citations: subsection (a) formerly 34-4-16.9-1; subsection (b) formerly 34-2-36-1.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-6"Aggrieved person"

     Sec. 6. "Aggrieved person", for purposes of IC 34-24-2, means any of the following:

(1) A person who has an interest in property or in an enterprise that:

(A) is the object of corrupt business influence (IC 35-45-6-2); or

(B) has suffered damages or harm as a result of corrupt business influence (IC 35-45-6-2).

(2) An individual whose personal safety is threatened by criminal organization (as defined in section 32 of this chapter) activity.

(3) An individual or a business whose property value or business activity is negatively affected due to criminal organization (as defined in section 32 of this chapter) activity.

(4) A political subdivision in which criminal organization (as defined in section 32 of this chapter) activity negatively affects the property values or business activity of the political subdivision or the personal safety of the political subdivision's residents.

(5) The state.

[Pre-1998 Recodification Citation: 34-4-30.5-1 part.]

As added by P.L.1-1998, SEC.1. Amended by P.L.25-2016, SEC.14.

 

IC 34-6-2-7Repealed

[Pre-1998 Recodification Citation: 34-1-52-4(b).]

As added by P.L.1-1998, SEC.1. Repealed by P.L.2-2002, SEC.128.

 

IC 34-6-2-8"Agricultural product"

     Sec. 8. "Agricultural product", for purposes of IC 34-30-3 and IC 34-30-5, means a natural product of a farm, a nursery, a grove, an orchard, a vineyard, a garden, or an apiary. The term includes trees and firewood.

[Pre-1998 Recodification Citation: 34-4-12.9-1.]

As added by P.L.1-1998, SEC.1. Amended by P.L.155-2013, SEC.1.

 

IC 34-6-2-8.2"Agritourism activity"

     Sec. 8.2. "Agritourism activity", for the purposes of IC 34-31-9, has the meaning set forth in IC 34-31-9-2.

As added by P.L.6-2012, SEC.214.

 

IC 34-6-2-8.3"Agritourism provider"

     Sec. 8.3. "Agritourism provider", for the purposes of IC 34-31-9, has the meaning set forth in IC 34-31-9-3.

As added by P.L.6-2012, SEC.215.

 

IC 34-6-2-9"Ambulance service"

     Sec. 9. "Ambulance service", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-4.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-10"Annual aggregate"

     Sec. 10. "Annual aggregate", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-5.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-11"Armory"

     Sec. 11. "Armory", for purposes of IC 34-30-8, means an armory constructed and operated under IC 10-16-3 or IC 10-16-4.

[Pre-1998 Recodification Citation: 34-4-12.8-1.]

As added by P.L.1-1998, SEC.1. Amended by P.L.2-2003, SEC.81.

 

IC 34-6-2-11.5"Asbestos claim"

     Sec. 11.5. "Asbestos claim", for purposes of IC 34-31-8, has the meaning set forth in IC 34-31-8-1.

As added by P.L.134-2009, SEC.1.

 

IC 34-6-2-12"Assisting sheriff"

     Sec. 12. "Assisting sheriff", for purposes of IC 34-47-4, means the sheriff of a county other than the county in which a writ of attachment has been issued under IC 34-47-4.

[Pre-1998 Recodification Citation: 34-4-9-2(a).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-13"Auctioneer"

     Sec. 13. "Auctioneer", for purposes of IC 34-55-6, means an auctioneer licensed under IC 25-6.1.

[Pre-1998 Recodification Citation: 34-1-39-1.5(e).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-14"Authority"

     Sec. 14. "Authority", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-6.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-15"Authorized persons"

     Sec. 15. "Authorized persons", for purposes of IC 34-43-1, include:

(1) the patient;

(2) a person authorized by the patient to request the records, if the authorization was made in writing not more than sixty (60) days before the date of the request for the records;

(3) physicians or other professionals within the hospital;

(4) a person entitled to request health records under IC 16-39-1-3;

(5) a coroner who is investigating a death under IC 36-2-14-6; and

(6) any other person designated by order of a court of competent jurisdiction.

[Pre-1998 Recodification Citation: 34-3-15.5-4 part.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-15.7"Basic life support"

     Sec. 15.7. "Basic life support" has the meaning set forth in IC 16-18-2-33.5.

As added by P.L.166-2007, SEC.3.

 

IC 34-6-2-16"Beverages"

     Sec. 16. "Beverages", for purposes of IC 34-30-8, includes alcoholic beverages.

[Pre-1998 Recodification Citation: 34-4-12.8-2.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-17"Business"

     Sec. 17. "Business", for purposes of IC 34-42, means each business, bank, industry, governmental entity, profession, occupation, and calling of every kind.

[Pre-1998 Recodification Citation: 34-3-15-3.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-18"Center"

     Sec. 18. "Center", for purposes of IC 34-57-3, means a community dispute resolution center or local program that provides conciliation, mediation, arbitration, or other dispute resolution services.

[Pre-1998 Recodification Citation: 34-4-2.5-2.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-19"Certified copy of a certificate of title"

     Sec. 19. "Certified copy of a certificate of title", for purposes of IC 34-40-4, means a document that is:

(1) a copy of a certificate of title for a motor vehicle, by whatever name designated, that is issued by the bureau of motor vehicles or a governmental entity in another state;

(2) prepared from a record of the governmental entity issuing the certificate of title; and

(3) certified by the officer having legal custody of the record described in subdivision (2) or the officer's deputy.

[Pre-1998 Recodification Citation: 34-3-19-2.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-20"Charitable entity"

     Sec. 20. "Charitable entity", for purposes of IC 34-30-5, means any entity exempted from state gross retail tax under IC 6-2.5-5-21(b)(1)(B).

[Pre-1998 Recodification Citation: 34-4-12.5-1(a).]

As added by P.L.1-1998, SEC.1. Amended by P.L.192-2002(ss), SEC.173.

 

IC 34-6-2-21"Child"

     Sec. 21. (a) "Child", for purposes of IC 34-23-2, has the meaning set forth in IC 34-23-2.

     (b) "Child", for purposes of IC 34-30-11, includes a child of any age.

     (c) "Child", for purposes of IC 34-30-29, means an individual less than eighteen (18) years of age who does not have the capacity to exit a motor vehicle.

     (d) "Child", for purposes of IC 34-31-4, means an unemancipated person who is less than eighteen (18) years of age.

[Pre-1998 Recodification Citations: subsection (a) New; subsection (b) formerly 34-4-40-1 part; subsection (c) formerly 34-4-31-1(a).]

As added by P.L.1-1998, SEC.1. Amended by P.L.132-2015, SEC.1.

 

IC 34-6-2-21.2Repealed

As added by P.L.280-2001, SEC.27. Repealed by P.L.1-2003, SEC.105.

 

IC 34-6-2-22"Cognovit note"

     Sec. 22. "Cognovit note", for purposes of IC 34-54-4, means a negotiable instrument or other written contract to pay money that contains a provision or stipulation:

(1) giving to any person a power of attorney, or authority as attorney, for the maker, endorser, assignor, or other person liable on the negotiable instrument or contract, and in the name of the maker, endorser, assignor, or other obligor:

(A) to appear in any court, whether of record or inferior; or

(B) to waive personal service of process;

in any action to enforce payment of money or any part of the money claimed to be due;

(2) authorizing or purporting to authorize an attorney, agent, or other representative, however designated, to confess judgment on the instrument for a sum of money when the sum is to be ascertained, or the judgment is to be rendered or entered otherwise than by action of court upon a hearing after personal service upon the debtor, whether with or without attorney's fee; or

(3) authorizing or purporting to authorize an attorney, agent, or representative to:

(A) release errors or the right of appeal from any judgment; or

(B) consent to the issuance of execution on the judgment.

[Pre-1998 Recodification Citation: 34-2-26-1(a).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-23"College, university, or junior college"

     Sec. 23. "College, university, or junior college", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-7.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-24"Commissioner"

     Sec. 24. "Commissioner", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-8.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-25"Community health center"

     Sec. 25. "Community health center", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-9.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-26"Community mental health center"

     Sec. 26. "Community mental health center", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-10.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-27"Community intellectual disability center"

     Sec. 27. "Community intellectual disability center", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-11.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1. Amended by P.L.117-2015, SEC.42.

 

IC 34-6-2-28"Compensation"

     Sec. 28. (a) "Compensation", for purposes of section 127 of this chapter, does not include payments:

(1) to reimburse the expenses of a qualified director (as defined in section 127 of this chapter); and

(2) for per diem.

     (b) "Compensation", for purposes of IC 34-30-18, means anything of value given as payment for performing a function. The term does not include:

(1) payment for expenses, prizes, or trophies; or

(2) a payment to an individual of fifteen dollars ($15) or less for performing one (1) or more functions during a day.

     (c) "Compensation", for purposes of IC 34-30-19, does not include the following:

(1) Reimbursement or payment of reasonable expenses incurred for the benefit of a sports or leisure activity.

(2) Any award, meal, or other gift that does not exceed one hundred dollars ($100) in value and is given as a token of appreciation or recognition.

(3) Any per diem payment that does not exceed fifty dollars ($50) for personal services as a referee, umpire, judge, or assistant to a referee, umpire, or judge.

[Pre-1998 Recodification Citations: subsection (a) formerly 34-4-11.5-1(b); subsection (b) formerly 34-4-11.6-1; subsection (c) formerly 34-4-11.8-1.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-29"Consumer"

     Sec. 29. "Consumer", for purposes of IC 34-20, means:

(1) a purchaser;

(2) any individual who uses or consumes the product;

(3) any other person who, while acting for or on behalf of the injured party, was in possession and control of the product in question; or

(4) any bystander injured by the product who would reasonably be expected to be in the vicinity of the product during its reasonably expected use.

[Pre-1998 Recodification Citations: 34-6-2-30; New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-29.5"Corporation"

     Sec. 29.5. "Corporation", for purposes of IC 34-31-8, has the meaning set forth in IC 34-31-8-2.

As added by P.L.134-2009, SEC.2.

 

IC 34-6-2-30"Cost of the periodic payments agreement"

     Sec. 30. "Cost of the periodic payments agreement", for purposes of IC 34-18-14, has the meaning set forth in IC 34-18-14-1.

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-30.5"Costs"

     Sec. 30.5. "Costs", for purposes of this article, includes fees.

As added by P.L.106-2010, SEC.6.

 

IC 34-6-2-31"Court"

     Sec. 31. (a) "Court", for purposes of IC 34-51-4, refers to the court awarding a judgment.

     (b) "Court", for purposes of IC 34-57-2, has the meaning set forth in IC 34-57-2-17.

[Pre-1998 Recodification Citations: subsection (a) formerly 34-4-37-1; subsection (b) New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-32"Criminal organization"

     Sec. 32. "Criminal organization", for purposes of section 6 of this chapter, has the meaning set forth in IC 35-45-9-1.

[Pre-1998 Recodification Citation: 34-4-30.5-1 part.]

As added by P.L.1-1998, SEC.1. Amended by P.L.25-2016, SEC.15.

 

IC 34-6-2-32.5"Cyber liability"

     Sec. 32.5. "Cyber liability" means liability related to use of computer systems.

As added by P.L.148-2017, SEC.20.

 

IC 34-6-2-33"Daily newspaper"

     Sec. 33. "Daily newspaper", for purposes of IC 34-15-4, means a newspaper that publishes five (5) or more issues each week.

[Pre-1998 Recodification Citation: 34-4-15-4.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-33.5"Debt"

     Sec. 33.5. "Debt", for purposes of sections 44.3, 44.4, 71.9, 73.5, 73.7, and 135.5 of this chapter and IC 34-55-10, means a legally or an equitably enforced monetary obligation or liability of an individual arising out of contract, tort, or otherwise.

As added by P.L.179-2005, SEC.2.

 

IC 34-6-2-34"Department"

     Sec. 34. "Department", for purposes of IC 34-13-3-7, refers to the department of correction.

[Pre-1998 Recodification Citation: 34-4-16.5-6.5(a).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-34.3"Domestic animal"

     Sec. 34.3. "Domestic animal", for purposes of IC 34-30-30, has the meaning set forth in IC 34-30-30-1.

As added by P.L.186-2017, SEC.2.

 

IC 34-6-2-34.5"Domestic or family violence"

     Sec. 34.5. "Domestic or family violence" means, except for an act of self-defense, the occurrence of at least one (1) of the following acts committed by a family or household member:

(1) Attempting to cause, threatening to cause, or causing physical harm to another family or household member.

(2) Placing a family or household member in fear of physical harm.

(3) Causing a family or household member to involuntarily engage in sexual activity by force, threat of force, or duress.

(4) Beating (as described in IC 35-46-3-0.5(2)), torturing (as described in IC 35-46-3-0.5(5)), mutilating (as described in IC 35-46-3-0.5(3)), or killing a vertebrate animal without justification with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member.

For purposes of IC 34-26-5, domestic and family violence also includes stalking (as defined in IC 35-45-10-1) or a sex offense under IC 35-42-4, whether or not the stalking or sex offense is committed by a family or household member.

As added by P.L.133-2002, SEC.41. Amended by P.L.221-2003, SEC.7; P.L.171-2007, SEC.3.

 

IC 34-6-2-35"Economically feasible"

     Sec. 35. "Economically feasible", for purposes of IC 34-55-6, means a finding by the court that:

(1) a reasonable probability exists that with the use of auctioneer services a valid and enforceable bid will be made at the execution for a sale price equal to or greater than the amount of the judgment and the costs and expenses necessary to its satisfaction, including the costs of the auctioneer; and

(2) no such probability exists without the use of an auctioneer.

[Pre-1998 Recodification Citation: 34-1-39-1.5(b) part.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-36"Emergency"

     Sec. 36. "Emergency", for purposes of IC 34-30-6, means an occurrence or an imminent threat of an occurrence that involves a hazardous substance or compressed gas and that creates the possibility of harm to any person, to property, or to the environment.

[Pre-1998 Recodification Citation: 34-4-12.2-1 part.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-37"Emergency medical technician"

     Sec. 37. "Emergency medical technician", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-12.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-37.2Repealed

As added by P.L.205-2003, SEC.38. Repealed by P.L.77-2012, SEC.54.

 

IC 34-6-2-37.4Repealed

As added by P.L.205-2003, SEC.39. Repealed by P.L.77-2012, SEC.55.

 

IC 34-6-2-38"Employee" and "public employee"

     Sec. 38. (a) "Employee" and "public employee", for purposes of section 91 of this chapter, IC 34-13-2, IC 34-13-3, IC 34-13-4, and IC 34-30-14, mean a person presently or formerly acting on behalf of a governmental entity, whether temporarily or permanently or with or without compensation, including members of boards, committees, commissions, authorities, and other instrumentalities of governmental entities, volunteer firefighters (as defined in IC 36-8-12-2), and elected public officials.

     (b) The term also includes attorneys at law whether employed by the governmental entity as employees or independent contractors and physicians licensed under IC 25-22.5 and optometrists who provide medical or optical care to confined offenders (as defined in IC 11-8-1) within the course of their employment by or contractual relationship with the department of correction. However, the term does not include:

(1) an independent contractor (other than an attorney at law, a physician, or an optometrist described in this section);

(2) an agent or employee of an independent contractor;

(3) a person appointed by the governor to an honorary advisory or honorary military position; or

(4) a physician licensed under IC 25-22.5 with regard to a claim against the physician for an act or omission occurring or allegedly occurring in the physician's capacity as an employee of a hospital.

     (c) For purposes of IC 34-13-3 and IC 34-13-4, the term includes a person that engages in an act or omission before July 1, 2004, in the person's capacity as:

(1) a contractor under IC 6-1.1-4-32 (repealed);

(2) an employee acting within the scope of the employee's duties for a contractor under IC 6-1.1-4-32 (repealed);

(3) a subcontractor of the contractor under IC 6-1.1-4-32 (repealed) that is acting within the scope of the subcontractor's duties; or

(4) an employee of a subcontractor described in subdivision (3) that is acting within the scope of the employee's duties.

[Pre-1998 Recodification Citations: 34-4-16.5-2(a) part; 34-4-16.5-2(b); 34-4-16.6-1 part.]

As added by P.L.1-1998, SEC.1. Amended by P.L.142-1999, SEC.1; P.L.250-2001, SEC.1; P.L.1-2002, SEC.142; P.L.151-2002, SEC.4 and P.L.178-2002, SEC.112; P.L.1-2003, SEC.88; P.L.1-2007, SEC.223; P.L.121-2009, SEC.14.

 

IC 34-6-2-39"Enterprise"

     Sec. 39. "Enterprise", for purposes of IC 34-24-2, has the meaning set forth in IC 35-45-6-1.

[Pre-1998 Recodification Citation: 34-4-30.5-1 part.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-40"Equine"

     Sec. 40. "Equine", for purposes of IC 34-31-5, means a horse, pony, mule, donkey, or hinny.

[Pre-1998 Recodification Citation: 34-4-44-1.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-41"Equine activity"

     Sec. 41. (a) "Equine activity", for purposes of IC 34-31-5, includes the following:

(1) Equine shows, fairs, competitions, performances, or parades that involve equines and any of the equine disciplines, including dressage, hunter and jumper horse shows, grand prix jumping, three (3) day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting.

(2) Equine training or teaching activities.

(3) Boarding equines.

(4) Riding, driving, inspecting, or evaluating an equine, whether or not monetary consideration or anything of value is exchanged.

(5) Rides, trips, hunts, or other equine activities of any type (even if informal or impromptu) that are sponsored by an equine activity sponsor.

(6) Placing or replacing horseshoes on an equine.

     (b) The term does not include being a spectator at an equine activity.

[Pre-1998 Recodification Citation: 34-4-44-2.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-42"Equine activity sponsor"

     Sec. 42. "Equine activity sponsor", for purposes of IC 34-31-5, means a person who sponsors, organizes, or provides facilities for an equine activity.

[Pre-1998 Recodification Citation: 34-4-44-3.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-43"Equine professional"

     Sec. 43. "Equine professional", for purposes of IC 34-31-5, means a person who, for compensation:

(1) instructs a participant on riding, driving, or being a passenger upon an equine;

(2) rents to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine; or

(3) rents equipment or tack to a participant.

[Pre-1998 Recodification Citation: 34-4-44-4.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-44"Evaluation of patient care"

     Sec. 44. (a) "Evaluation of patient care", for purposes of IC 34-30-15, relates to:

(1) the accuracy of diagnosis;

(2) the propriety, appropriateness, quality, or necessity of care rendered by a professional health care provider; and

(3) the reasonableness of the utilization of services, procedures, and facilities in the treatment of individual patients.

     (b) The term does not relate to charges for services or to methods used in arriving at diagnoses.

[Pre-1998 Recodification Citation: 34-4-12.6-1(b).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-44.1"Event"

     Sec. 44.1. "Event", for purposes of section 3.3 of this chapter and IC 34-30-22, means:

(1) a performance;

(2) a benefit;

(3) a fundraiser;

(4) an auction;

(5) a meal;

(6) a concert;

(7) a sporting event;

(8) a festival;

(9) a parade;

(10) a reception;

(11) a trade show;

(12) a convention;

(13) an educational program; or

(14) another occasion organized by or for a federally tax exempt organization.

As added by P.L.1-2006, SEC.515.

 

IC 34-6-2-44.2"Exempt"

     Sec. 44.2. "Exempt", for purposes of IC 34-55-10, means protected from a judicial lien, process, or proceeding to collect a debt.

As added by P.L.1-2006, SEC.516.

 

IC 34-6-2-44.3Repealed

As added by P.L.116-2005, SEC.2. As added by P.L.179-2005, SEC.3. Repealed by P.L.1-2006, SEC.588.

 

IC 34-6-2-44.4"Exemption"

     Sec. 44.4. "Exemption", for purposes of IC 34-55-10, means protection from a judicial lien, process, or proceeding to collect a debt.

As added by P.L.179-2005, SEC.4.

 

IC 34-6-2-44.5"Extreme sport area"

     Sec. 44.5. (a) "Extreme sport area", for purposes of IC 34-13-3, means an indoor or outdoor ramp, course, or area specifically designated for the exclusive recreational or sporting use of one (1) or more types of extreme sport equipment.

     (b) The term does not include property used at any time as a public sidewalk, footpath, vehicle parking lot, multiple use trail, multiple use greenway, or other public way.

As added by P.L.250-2001, SEC.2.

 

IC 34-6-2-44.6"Extreme sport equipment"

     Sec. 44.6. "Extreme sport equipment", for purposes of section 44.5 of this chapter and IC 34-13-3, means any of the following nonmotorized devices:

(1) Skateboards.

(2) Roller skates.

(3) Inline skates.

(4) Freestyle bicycles.

(5) Mountain bicycles.

(6) An apparatus that is:

(A) wheeled;

(B) recreational or sporting in nature;

(C) powered solely by the physical efforts of the user; and

(D) generally known, as the term is used in Rule 201 of the Indiana Rules of Evidence, as an apparatus used for extreme sport.

As added by P.L.250-2001, SEC.3.

 

IC 34-6-2-44.7"Family law arbitrator"

     Sec. 44.7. "Family law arbitrator", for purposes of IC 34-57-5, means:

(1) an attorney certified as a family law specialist in Indiana by an independent certifying organization that is approved and monitored under Rule 30 of the Rules for Admission to the Bar;

(2) a private judge qualified under Rule 1.3 of the Indiana Supreme Court Rules for Alternative Dispute Resolution;

(3) an individual who is a former magistrate or commissioner of an Indiana court of record; or

(4) an attorney who is a registered domestic relations mediator under Rule 2.5(B) of the Indiana Supreme Court Rules for Alternative Dispute Resolution.

As added by P.L.112-2005, SEC.1.

 

IC 34-6-2-44.8"Family or household member"

     Sec. 44.8. (a) An individual is a "family or household member" of another person if the individual:

(1) is a current or former spouse of the other person;

(2) is dating or has dated the other person;

(3) is engaged or was engaged in a sexual relationship with the other person;

(4) is related by blood or adoption to the other person;

(5) is or was related by marriage to the other person;

(6) has or previously had an established legal relationship:

(A) as a guardian of the other person;

(B) as a ward of the other person;

(C) as a custodian of the other person;

(D) as a foster parent of the other person; or

(E) in a capacity with respect to the other person similar to those listed in clauses (A) through (D);

(7) has a child in common with the other person; or

(8) has adopted a child of the other person.

     (b) An individual is a "family or household member" of both persons to whom subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) applies if the individual is a minor child of one (1) of the persons.

As added by P.L.133-2002, SEC.42. Amended by P.L.97-2004, SEC.113; P.L.136-2012, SEC.9.

 

IC 34-6-2-45"Fault"

     Sec. 45. (a) "Fault", for purposes of IC 34-20, means an act or omission that is negligent, willful, wanton, reckless, or intentional toward the person or property of others. The term includes the following:

(1) Unreasonable failure to avoid an injury or to mitigate damages.

(2) A finding under IC 34-20-2 (or IC 33-1-1.5-3 before its repeal) that a person is subject to liability for physical harm caused by a product, notwithstanding the lack of negligence or willful, wanton, or reckless conduct by the manufacturer or seller.

     (b) "Fault", for purposes of IC 34-51-2, includes any act or omission that is negligent, willful, wanton, reckless, or intentional toward the person or property of others. The term also includes unreasonable assumption of risk not constituting an enforceable express consent, incurred risk, and unreasonable failure to avoid an injury or to mitigate damages.

[Pre-1998 Recodification Citations: subsection (a) formerly 33-1-1.5-10(a); subsection (b) formerly 34-4-33-2(a)(1).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-46"Fees or other expenses"

     Sec. 46. "Fees or other expenses", for purposes of IC 34-52-2, include:

(1) the reasonable expenses of expert witnesses that are found by a court under IC 34-52-2 to be necessary for the preparation of the petitioner's case;

(2) the reasonable costs of any:

(A) study;

(B) analysis;

(C) engineering report; or

(D) test project;

that are found by a court under IC 34-52-2 to be necessary for the preparation of the petitioner's case;

(3) any reasonable discovery expenses, that are found by a court under IC 34-52-2 to be necessary for the preparation of the petitioner's case; and

(4) reasonable attorney's fees.

[Pre-1998 Recodification Citation: 34-2-36-2.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-46.5"Fire control or protection equipment"

     Sec. 46.5. "Fire control or protection equipment", for purposes of IC 34-30-10.5, includes vehicles, firefighting tools, protective gear, breathing apparatuses, and other supplies, equipment, and tools used in firefighting or emergency rescue.

As added by P.L.95-2001, SEC.1.

 

IC 34-6-2-46.7"Firearm"

     Sec. 46.7. "Firearm", for purposes of IC 34-28-7 and IC 34-30-20, has the meaning set forth in IC 35-47-1-5.

As added by P.L.80-2004, SEC.1. Amended by P.L.90-2010, SEC.3.

 

IC 34-6-2-47"Food item"

     Sec. 47. "Food item", for purposes of IC 34-30-5, means any item that may be ingested as a normal part of the human diet. The term includes food that was prepared for serving by a food source (as defined in section 48 of this chapter) but not served by the food source.

[Pre-1998 Recodification Citation: 34-4-12.5-1(b).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-48"Food source"

     Sec. 48. "Food source", for purposes of IC 34-30-5, means any of the following:

(1) A restaurant.

(2) A cafeteria.

(3) A hospital.

(4) A hotel.

(5) A caterer.

(6) A public or a private school, or postsecondary educational institution.

(7) A fraternal organization or veterans organization.

(8) Any other person that prepares and serves food to individuals in the ordinary course of that person's business.

[Pre-1998 Recodification Citation: 34-4-12.5-1(c).]

As added by P.L.1-1998, SEC.1. Amended by P.L.2-2007, SEC.369.

 

IC 34-6-2-48.3"Foreign judgment"

     Sec. 48.3. "Foreign judgment", for purposes of IC 34-54-11, means any judgment, decree or order of:

(1) a court of the United States; or

(2) any other court that is entitled to the full faith and credit of Indiana.

As added by P.L.40-2003, SEC.1. Amended by P.L.63-2010, SEC.1.

 

IC 34-6-2-48.5"Foreign protection order"

     Sec. 48.5. "Foreign protection order", for purposes of IC 34-26-5-17, means a protection order issued by a tribunal of:

(1) another state; or

(2) an Indian tribe;

regardless of whether the protection order was issued in an independent proceeding or as part of another criminal or civil proceeding.

As added by P.L.280-2001, SEC.28. Amended by P.L.133-2002, SEC.43.

 

IC 34-6-2-49"Governmental entity"

     Sec. 49. (a) "Governmental entity", for purposes of section 91 of this chapter, IC 34-13-2, IC 34-13-3, and IC 34-13-4, means the state or a political subdivision of the state. For purposes of IC 34-13-2, IC 34-13-3, and IC 34-13-4, the term includes a charter school.

     (b) "Governmental entity", for purposes of section 103(j) of this chapter, means the state or a political subdivision of the state.

[Pre-1998 Recodification Citations: 34-4-11.8-7(a); 34-4-16.5-2(a) part; 34-4-16.5-2(c); 34-4-16.6-1 part; 34-4-16.7-1 part.]

As added by P.L.1-1998, SEC.1. Amended by P.L.250-2001, SEC.4; P.L.280-2001, SEC.29; P.L.1-2002, SEC.143; P.L.133-2002, SEC.44; P.L.90-2010, SEC.4; P.L.220-2013, SEC.1.

 

IC 34-6-2-50"Grant recipient"

     Sec. 50. "Grant recipient", for purposes of IC 34-57-3, means a nonprofit corporation or an organization that administers a community dispute resolution center under IC 34-57-3.

[Pre-1998 Recodification Citation: 34-4-2.5-3.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-51"Gratuitously renders emergency care"

     Sec. 51. (a) "Gratuitously renders emergency care", for purposes of IC 34-30-12-1, means the giving of emergency care (including the use of an automatic external defibrillator):

(1) that was volunteered without legal obligation on the part of the person rendering the emergency care; and

(2) for which the person rendering the emergency care does not expect remuneration.

     (b) Emergency care may not be considered to be gratuitously rendered emergency care solely because of the failure to send a bill for the emergency care.

[Pre-1998 Recodification Citation: 34-4-12-1.5(a).]

As added by P.L.1-1998, SEC.1. Amended by P.L.1-1999, SEC.67.

 

IC 34-6-2-52"Hazardous substance"

     Sec. 52. "Hazardous substance", for purposes of IC 34-30-6, means:

(1) a material or waste that has been determined to be hazardous or potentially hazardous to any individual, to property, or to the environment by the United States Environmental Protection Agency, the federal Nuclear Regulatory Commission, the United States Department of Transportation, the environmental rules board, or the United States Occupational Safety and Health Agency or any agent or designee of any of the above mentioned boards, agencies, or commission; or

(2) any substance that may be potentially hazardous to any person, to property or to the environment.

[Pre-1998 Recodification Citation: 34-4-12.2-1 part.]

As added by P.L.1-1998, SEC.1. Amended by P.L.113-2014, SEC.122.

 

IC 34-6-2-53"Health care"

     Sec. 53. "Health care", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-13.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-54"Health care provider"

     Sec. 54. (a) "Health care provider", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-14.

     (b) "Health care provider", for purposes of IC 34-30-12.5, has the meaning set forth in IC 34-30-12.5-2.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1. Amended by P.L.136-2003, SEC.1.

 

IC 34-6-2-55"Health care services"

     Sec. 55. (a) "Health care services":

(1) except as provided in subdivision (2), for purposes of IC 34-30-13, has the meaning set forth in IC 27-13-1-18(a); and

(2) for purposes of IC 34-30-13-1.2, means only noninvasive examinations, treatments, and procedures and the following invasive procedures:

(A) Routine dental services.

(B) Injections.

(C) Suturing of minor lacerations.

(D) Incisions of boils or superficial abscesses.

The term does not include performance of an abortion, including abortion by surgical means, by use of an abortion inducing drug, or by prescribing a controlled substance or scheduled drug under IC 35-48.

     (b) "Health care services", for purposes of IC 34-30-13.5, means:

(1) any services provided by an individual licensed under:

(A) IC 25-2.5;

(B) IC 25-10;

(C) IC 25-13;

(D) IC 25-14;

(E) IC 25-22.5;

(F) IC 25-23;

(G) IC 25-23.5;

(H) IC 25-23.6;

(I) IC 25-24;

(J) IC 25-26;

(K) IC 25-27;

(L) IC 25-27.5;

(M) IC 25-29;

(N) IC 25-33;

(O) IC 25-34.5; or

(P) IC 25-35.6;

(2) services provided as the result of hospitalization;

(3) services incidental to the furnishing of services described in subdivisions (1) or (2);

(4) any services by individuals:

(A) licensed as paramedics;

(B) certified as advanced emergency medical technicians; or

(C) certified as emergency medical technicians under IC 16-31-2;

(5) any services provided by individuals certified as emergency medical responders under IC 16-31-2; or

(6) any other services or goods furnished for the purpose of preventing, alleviating, curing, or healing human illness, physical disability, or injury.

[Pre-1998 Recodification Citation: 34-4-12.2-1.]

As added by P.L.1-1998, SEC.1. Amended by P.L.138-2006, SEC.12; P.L.77-2012, SEC.56; P.L.161-2015, SEC.2.

 

IC 34-6-2-56"Health facility"

     Sec. 56. "Health facility", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-15.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-57"Hitchhiker"

     Sec. 57. "Hitchhiker", for purposes of IC 34-30-11, means a passenger who has solicited a ride in violation of IC 9-21-17-16.

[Pre-1998 Recodification Citation: 34-4-40-2.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-58"Homeowners association"

     Sec. 58. "Homeowners association", for purposes of section 127 of this chapter, means a corporation or other entity that:

(1) is organized and operated exclusively for the benefit of two (2) or more persons who each own a dwelling in fee simple; and

(2) acts, in accordance with the articles, bylaws, and other documents governing the entity, to:

(A) acquire, transfer, manage, repair, maintain, or engage in construction on or in the land and improvements on the land related to the use of the dwellings owned by the members of the corporation;

(B) purchase insurance to cover a casualty or an activity on or in the land and improvements on the land;

(C) engage in an activity incidental to an activity described in clause (A) or (B); or

(D) engage in more than one (1) of the activities described in clauses (A) through (C).

[Pre-1998 Recodification Citation: 34-4-11.5-1.3.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-59"Hospital"

     Sec. 59. "Hospital", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-16.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-60"Hospital medical record"

     Sec. 60. "Hospital medical record", for purposes of IC 34-43-1, means the hospital's clinical record maintained on each hospital patient as provided in IC 16-18-2-168.

[Pre-1998 Recodification Citation: 34-3-15.5-1.]

As added by P.L.1-1998, SEC.1. Amended by P.L.255-2003, SEC.54.

 

IC 34-6-2-60.4"Ice skater"

     Sec. 60.4. "Ice skater", for purposes of IC 34-31-6.5, means a person, including an invitee, who wears ice skates while in an ice skating rink for the purpose of recreational or competitive ice skating, whether or not the person pays consideration for entrance to the skating rink.

As added by P.L.77-2013, SEC.1.

 

IC 34-6-2-60.6"Ice skating rink"

     Sec. 60.6. "Ice skating rink", for purposes of IC 34-31-6.5, means a building, facility, or other property where an area specifically designed for use for recreational or competitive ice skating is present.

As added by P.L.77-2013, SEC.2.

 

IC 34-6-2-61"Illegal drug"

     Sec. 61. "Illegal drug", for purposes of IC 34-24-4, means a drug that is illegal to distribute under state law.

[Pre-1998 Recodification Citation: 34-1-70-1.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-62"Illegal drug market"

     Sec. 62. "Illegal drug market", for purposes of IC 34-24-4, means the support system of illegal drug related operations, from production to retail sales, through which an illegal drug reaches a drug user.

[Pre-1998 Recodification Citation: 34-1-70-2.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-63"Illegal drug market target community"

     Sec. 63. "Illegal drug market target community", for purposes of IC 34-24-4, means the following areas where a person participates in the illegal drug market:

(1) The county in which the person's place of participation is located if the person violates a statute concerning possession or dealing of an illegal drug that is punishable as a Level 6 felony.

(2) The county described in subdivision (1) plus all counties with a border contiguous to the county if the person violates a statute concerning possession or dealing of an illegal drug that is punishable as a Level 5 felony.

(3) The counties described in subdivision (2) plus all counties with a border contiguous to those counties if the person violates a statute concerning possession or dealing of an illegal drug that is punishable as a Level 3 or Level 4 felony.

(4) Indiana if the person violates a statute in Indiana concerning possession or dealing of an illegal drug that is punishable as a Level 1 or Level 2 felony.

[Pre-1998 Recodification Citation: 34-1-70-3.]

As added by P.L.1-1998, SEC.1. Amended by P.L.158-2013, SEC.347.

 

IC 34-6-2-64"In good faith"

     Sec. 64. "In good faith", for purposes of IC 34-13-3 and IC 34-30-15, refers to an act taken:

(1) without malice;

(2) after a reasonable effort to obtain the facts of the matter; and

(3) in the reasonable belief that the action taken is warranted by the facts known.

[Pre-1998 Recodification Citation: 34-4-12.6-1(f) part.]

As added by P.L.1-1998, SEC.1. Amended by P.L.280-2001, SEC.30.

 

IC 34-6-2-65"Incapacitated"

     Sec. 65. "Incapacitated", for purposes of IC 34-13-3, has the meaning set forth in IC 29-3-1-7.5.

[Pre-1998 Recodification Citations: 34-4-16.5-2(a) part; 34-4-16.5-2(d).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-66Repealed

[Pre-1998 Recodification Citation: 34-1-52.5-1(a).]

As added by P.L.1-1998, SEC.1. Repealed by P.L.2-2002, SEC.128.

 

IC 34-6-2-66.7"Indian tribe"

     Sec. 66.7. "Indian tribe", for purposes of sections 48.5, 71.7, and 121.6 of this chapter and IC 34-26-5-17, means an Indian:

(1) tribe;

(2) band;

(3) pueblo;

(4) nation; or

(5) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);

that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians.

As added by P.L.280-2001, SEC.31. Amended by P.L.133-2002, SEC.45.

 

IC 34-6-2-67"Individual drug user"

     Sec. 67. "Individual drug user", for purposes of IC 34-24-4, means an individual whose illegal drug use is the basis of an action brought under IC 34-24-4 (or IC 34-1-70 before its repeal).

[Pre-1998 Recodification Citation: 34-1-70-4.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-68Repealed

[Pre-1998 Recodification Citation: 34-1-52-4(c).]

As added by P.L.1-1998, SEC.1. Repealed by P.L.2-2002, SEC.128.

 

IC 34-6-2-68.8"Inherent risks of agritourism activities"

     Sec. 68.8. "Inherent risks of agritourism activities", for the purposes of IC 34-31-9, has the meaning set forth in IC 34-31-9-4.

As added by P.L.6-2012, SEC.216.

 

IC 34-6-2-69"Inherent risks of equine activities"

     Sec. 69. "Inherent risks of equine activities", for purposes of IC 34-31-5, means the dangers or conditions that are an integral part of equine activities, including the following:

(1) The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around the equine.

(2) The unpredictability of an equine's reaction to such things as sound, sudden movement, unfamiliar objects, people, or other animals.

(3) Hazards such as surface and subsurface conditions.

(4) Collisions with other equines or objects.

(5) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within the participant's ability.

[Pre-1998 Recodification Citation: 34-4-44-5.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-69.5"Innocent successor corporation"

     Sec. 69.5. "Innocent successor corporation", for purposes of IC 34-31-8, has the meaning set forth in IC 34-31-8-3.

As added by P.L.134-2009, SEC.3.

 

IC 34-6-2-70"Insured"

     Sec. 70. "Insured", for purposes of IC 34-53, means a person insured by an insurer.

[Pre-1998 Recodification Citation: 34-4-41-1.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-71"Insurer"

     Sec. 71. (a) "Insurer", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-17.

     (b) "Insurer", for purposes of IC 34-53, has the meaning set forth in IC 27-1-2-3.

[Pre-1998 Recodification Citations: subsection (a) New; subsection (b) formerly 34-4-41-2.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-71.3"Interested party"

     Sec. 71.3. "Interested party", for purposes of IC 34-50-2, has the meaning set forth in IC 34-50-2-1.

As added by P.L.219-2001, SEC.2.

 

IC 34-6-2-71.7"Issuing state or Indian tribe"

     Sec. 71.7. "Issuing state or Indian tribe", for purposes of IC 34-26-5-17, means the state or Indian tribe whose tribunal issues a protection order.

As added by P.L.280-2001, SEC.32. Amended by P.L.133-2002, SEC.46.

 

IC 34-6-2-71.9"Judicial lien"

     Sec. 71.9. "Judicial lien", for purposes of sections 44.3, 44.4, and 73.7 of this chapter, means a lien on property obtained by a judgment, levy, or another legal or equitable process or proceeding instituted to collect a debt.

As added by P.L.179-2005, SEC.5.

 

IC 34-6-2-72"Law"

     Sec. 72. "Law", as for example "the law relating to other civil actions", for purposes of IC 34-13-5, means the statutes, including but not limited to IC 34-13-5 (and IC 34-4-17 before its repeal), and any applicable rules of the Indiana supreme court on any subject.

[Pre-1998 Recodification Citation: 34-4-17-1(c).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-72.2"Land"

     Sec. 72.2. "Land", for the purposes of IC 34-31-9, has the meaning set forth in IC 34-31-9-5.

As added by P.L.6-2012, SEC.217.

 

IC 34-6-2-73"Law enforcement costs"

     Sec. 73. "Law enforcement costs", for purposes of IC 34-24-1, means:

(1) expenses incurred by the law enforcement agency that makes a seizure under IC 34-24-1 (or IC 34-4-30.1 before its repeal) for the criminal investigation associated with the seizure;

(2) repayment of the investigative fund of the law enforcement agency that makes a seizure under IC 34-24-1 to the extent that the agency can specifically identify any part of the money as having been expended from the fund; and

(3) expenses of the prosecuting attorney associated with the costs of proceedings associated with the seizure and the offenses related to the seizure.

[Pre-1998 Recodification Citation: 34-4-30.1-8 part.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-73.3"Law enforcement officer"

     Sec. 73.3. "Law enforcement officer", for purposes of IC 34-26-5, has the meaning set forth in IC 35-31.5-2-185.

As added by P.L.280-2001, SEC.33. Amended by P.L.133-2002, SEC.47; P.L.114-2012, SEC.59.

 

IC 34-6-2-73.5"Levy"

     Sec. 73.5. "Levy", for purposes of section 71.9 of this chapter and IC 34-55-10, means the seizure of property under a writ of attachment, a garnishment, an execution, or a similar legal or equitable process issued to collect a debt.

As added by P.L.179-2005, SEC.6.

 

IC 34-6-2-73.7"Lien"

     Sec. 73.7. "Lien", for purposes of section 71.9 of this chapter and IC 34-55-10, means a security interest, judicial lien, statutory lien, common law lien, or another interest in property to secure the payment of a debt or the performance of an obligation.

As added by P.L.179-2005, SEC.7.

 

IC 34-6-2-74Repealed

[Pre-1998 Recodification Citations: subsection (a) formerly 34-1-52-4(d); subsection (b) formerly 34-1-52-5(b).]

As added by P.L.1-1998, SEC.1. Repealed by P.L.2-2002, SEC.128.

 

IC 34-6-2-74.1"Livestock"

     Sec. 74.1. "Livestock" for purposes of IC 34-30-5, has the meaning set forth in IC 15-19-5-3.

As added by P.L.155-2013, SEC.2.

 

IC 34-6-2-75"Loss"

     Sec. 75. (a) "Loss", for purposes of IC 34-13-3, means injury to or death of a person or damage to property.

     (b) "Loss", for purposes of IC 34-30-6, means injury to or death of a human being or damage to property or to the environment.

[Pre-1998 Recodification Citations: subsection (a) formerly 34-4-16.5-2(a) part; 34-4-16.5-2(e); subsection (b) formerly 34-4-12.2-1 part.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-76"Malpractice"

     Sec. 76. "Malpractice", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-18.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-77"Manufacturer"

     Sec. 77. (a) "Manufacturer", for purposes of IC 34-20, means a person or an entity who designs, assembles, fabricates, produces, constructs, or otherwise prepares a product or a component part of a product before the sale of the product to a user or consumer. "Manufacturer" includes a seller who:

(1) has actual knowledge of a defect in a product;

(2) creates and furnishes a manufacturer with specifications relevant to the alleged defect for producing the product or who otherwise exercises some significant control over all or a portion of the manufacturing process;

(3) alters or modifies the product in any significant manner after the product comes into the seller's possession and before it is sold to the ultimate user or consumer;

(4) is owned in whole or significant part by the manufacturer; or

(5) owns in whole or significant part the manufacturer.

     (b) A seller who discloses the name of the actual manufacturer of a product is not a manufacturer under this section merely because the seller places or has placed a private label on a product.

[Pre-1998 Recodification Citation: 33-1-1.5-2(3).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-78"Mediation"

     Sec. 78. "Mediation", for purposes of IC 34-57-3, means a process where at least two (2) disputing parties choose to be guided to a mutually agreeable solution with the aid of a mediator.

[Pre-1998 Recodification Citation: 34-4-2.5-4.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-79"Mediator"

     Sec. 79. "Mediator", for purposes of IC 34-57-3, means a neutral and impartial person who assists in the resolution of a dispute through the mediation process.

[Pre-1998 Recodification Citation: 34-4-2.5-5.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-80"Mental health service provider"

     Sec. 80. "Mental health service provider", for purposes of IC 34-30-16, means any of the following:

(1) A physician licensed under IC 25-22.5.

(2) A hospital licensed under IC 16-21.

(3) A private institution licensed under IC 12-25.

(4) A psychologist licensed under IC 25-33.

(5) A school psychologist licensed by the Indiana state board of education.

(6) A postsecondary educational institution counseling center under the direction of a licensed psychologist, physician, or mental health professional.

(7) A registered nurse or licensed practical nurse licensed under IC 25-23.

(8) A clinical social worker licensed under IC 25-23.6-5-2.

(9) A partnership, a limited liability company, a corporation, or a professional corporation (as defined in IC 23-1.5-1-10) whose partners, members, or shareholders are mental health service providers described in subdivisions (1) through (6).

(10) A community mental health center (as defined in IC 12-7-2-38).

(11) A program for the treatment, care, or rehabilitation of alcohol abusers or drug abusers that is:

(A) certified under IC 12-23-1-6; or

(B) created and funded under IC 12-23-14 or IC 33-23-16.

(12) A state institution (as defined in IC 12-7-2-184).

(13) A managed care provider (as defined in IC 12-7-2-127(b)).

[Pre-1998 Recodification Citation: 34-4-12.4-1.]

As added by P.L.1-1998, SEC.1. Amended by P.L.168-2002, SEC.13; P.L.2-2007, SEC.370; P.L.108-2010, SEC.8.

 

IC 34-6-2-81Repealed

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1. Repealed by P.L.232-2013, SEC.21.

 

IC 34-6-2-82"Migrant health center"

     Sec. 82. "Migrant health center", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-20.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-82.6"Military base"

     Sec. 82.6. "Military base", for purposes of IC 34-30-21, means a United States or an Indiana government military installation that:

(1) has an area of at least sixty thousand (60,000) acres and is used for the design, construction, maintenance, and testing of electronic devices and ordnance;

(2) has an area of at least nine hundred (900) acres and serves as an urban training center for military units, civilian personnel, and first responders; or

(3) has an area of at least five thousand (5,000) acres and serves as a joint training center for active and reserve components of the armed forces of the United States.

As added by P.L.5-2005, SEC.4. Amended by P.L.180-2006, SEC.7.

 

IC 34-6-2-83"Minor"

     Sec. 83. "Minor", for purposes of IC 34-28-3, means a person less than eighteen (18) years of age.

[Pre-1998 Recodification Citation: 34-4-44.2-2.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-83.8"Monetary consideration"

     Sec. 83.8. "Monetary consideration", for the purposes of IC 34-31-9, has the meaning set forth in IC 34-31-9-6.

As added by P.L.6-2012, SEC.218.

 

IC 34-6-2-84"Motor vehicle"

     Sec. 84. (a) "Motor vehicle", for purposes of IC 34-30-29.2 and IC 34-40-4, has the meaning set forth in IC 9-13-2-105(a).

     (b) "Motor vehicle", for purposes of IC 34-30-30, has the meaning set forth in IC 34-30-30-2.

[Pre-1998 Recodification Citation: 34-3-19-1.]

As added by P.L.1-1998, SEC.1. Amended by P.L.136-2015, SEC.2; P.L.186-2017, SEC.3.

 

IC 34-6-2-85"Moving traffic violation"

     Sec. 85. "Moving traffic violation", for purposes of IC 34-28-5, means a violation of:

(1) a statute defining an infraction; or

(2) an ordinance;

that applies when a motor vehicle is in motion.

[Pre-1998 Recodification Citation: 34-4-32-1.3.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-86"Municipal corporation"

     Sec. 86. "Municipal corporation", for purposes of IC 34-13-5, means:

(1) a:

(A) local subdivision of the state; or

(B) public instrumentality or public corporate body created by state law;

including but not limited to cities, towns, townships, counties, school corporations, special taxing districts, conservancy districts, and any other local public instrumentality or corporation that has the right to sue and be sued;

(2) a corporate or other entity that leases a public improvement to a municipal corporation; or

(3) the governing body of a municipal corporation and its members and officers in their official capacity.

[Pre-1998 Recodification Citation: 34-4-17-1(a).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-86.4Repealed

As added by P.L.280-2001, SEC.34. Repealed by P.L.133-2002, SEC.69.

 

IC 34-6-2-87"News service"

     Sec. 87. "News service", for purposes of IC 34-15-4, means an entity that is either a membership association or a corporation with subscribers that:

(1) gathers and transmits news to its members or subscribers; and

(2) maintains an office in Indiana.

[Pre-1998 Recodification Citation: 34-4-15-3.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-87.7"Noneconomic damages"

     Sec. 87.7. "Noneconomic damages", for purposes of IC 34-30-29.2, has the meaning set forth in IC 34-30-29.2-2.

As added by P.L.136-2015, SEC.3.

 

IC 34-6-2-88"Nonparty"

     Sec. 88. "Nonparty", for purposes of IC 34-51-2, means a person who caused or contributed to cause the alleged injury, death, or damage to property but who has not been joined in the action as a defendant.

[Pre-1998 Recodification Citation: 34-4-33-2(a)(2).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-88.3"Nonprofit religious organization"

     Sec. 88.3. "Nonprofit religious organization", for purposes of IC 34-31-7, means an organization, a church, a body of communicants, or a group organized primarily for religious purposes and not for pecuniary profit that:

(1) operates:

(A) under Section 501 of the Internal Revenue Code or the Section 501 nonprofit status of the parent organization of the organization, church, body of communicants, or group; and

(B) has a constitution, a charter, an article, or a bylaw containing a clause that provides that upon dissolution, all remaining assets must:

(i) be used for nonprofit religious purposes; or

(ii) revert to the parent organization for nonprofit religious purposes; or

(2) operates as a place of worship and is recognized as a nonprofit organization by the Internal Revenue Service.

As added by P.L.149-2005, SEC.1.

 

IC 34-6-2-89"Offender"

     Sec. 89. (a) "Offender", for purposes of IC 34-13-3-7, means a person who is committed to the department of correction or was committed to the department of correction.

     (b) "Offender", for purposes of IC 34-58, means a person who is committed to the department of correction or incarcerated in a jail.

[Pre-1998 Recodification Citation: 34-4-16.5-6.5(b).]

As added by P.L.1-1998, SEC.1. Amended by P.L.80-2004, SEC.2.

 

IC 34-6-2-90"Offeror"

     Sec. 90. "Offeror", for purposes of IC 34-50, means a party to a civil action who makes a qualified settlement offer (as defined in section 128 of this chapter) to a recipient (as defined in section 129 of this chapter) who is an opposing party in the civil action.

[Pre-1998 Recodification Citation: 34-4-44.6-2.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-91"Operator"

     Sec. 91. (a) "Operator", for purposes of IC 34-30-3, means a person who is an owner, a lessee, a tenant, or an occupant of land or premises that are used in the production of agricultural products.

     (b) "Operator", for purposes of IC 34-31-6, means a person or an entity, other than a governmental entity or an employee of a governmental entity, that owns, manages, controls, directs, or has operational responsibility for a roller skating rink.

     (c) "Operator", for purposes of IC 34-31-6.5, means an approved postsecondary educational institution (as defined in IC 21-7-13-6) that owns, manages, controls, directs, or has operational responsibility for an ice skating rink.

     (d) "Operator", for purposes of IC 34-31-11.4, means an:

(1) elementary school (as defined under IC 20-18-2-4);

(2) approved secondary school (as defined under IC 21-12-1-5); or

(3) approved postsecondary school (as defined under IC 21-7-13-6);

that owns, manages, controls, directs, or has operational responsibility for a recreational facility.

[Pre-1998 Recodification Citations: subsection (a) formerly 34-4-12.9-2; subsection (b) formerly 34-4-43-1.]

As added by P.L.1-1998, SEC.1. Amended by P.L.250-2001, SEC.5; P.L.77-2013, SEC.3; P.L.95-2015, SEC.1.

 

IC 34-6-2-92"Paramedic"

     Sec. 92. "Paramedic", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-21.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-93"Parents"

     Sec. 93. (a) "Parents", for purposes of IC 34-28-3, means:

(1) the child's birth mother and father who:

(A) is listed as the father on the birth certificate;

(B) is presumed by law under IC 31-14-7 to be the child's father; or

(C) has established paternity with a court order;

(2) in the case of adoption, the adopting father and mother of a child;

(3) where custody of a child has been awarded in a court proceeding to someone other than the mother or father, the court appointed guardian or custodian of the child;

(4) where the child's parents are divorced, the parent to whom the divorce decree or modification awards physical custody or control of the child; or

(5) if the child's parents are living apart, the parent to whom physical custody or control of the child has been awarded by a court order.

     (b) The term does not include a natural or adopting parent who has given written consent for the child to be adopted by another (if the child has been adopted by another), nor does the term include a child's parent who has lost custody of the child under subsection (a)(3), (a)(4), or (a)(5).

[Pre-1998 Recodification Citation: 34-4-44.2-3.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-94"Partially emancipated minor"

     Sec. 94. "Partially emancipated minor", for purposes of IC 34-28-3, means a minor who has been given certain limited authority to contract under IC 34-28-3.

[Pre-1998 Recodification Citation: 34-4-44.2-4.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-95"Participant"

     Sec. 95. (a) "Participant", for purposes of IC 34-31-5, means a person, whether an amateur or a professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.

     (b) "Participant", for purposes of IC 34-31-9, has the meaning set forth in 34-31-9-7.

[Pre-1998 Recodification Citation: 34-4-44-6.]

As added by P.L.1-1998, SEC.1. Amended by P.L.6-2012, SEC.219.

 

IC 34-6-2-96"Participate"

     Sec. 96. "Participate", for purposes of IC 34-28-3, means any action a person takes:

(1) according to license or authority of the entity that sanctions a professional automobile or motorcycle racing event; or

(2) by direction or authority of the race organizer of a sanctioned event;

including participation as a driver, mechanic, pit crew member, or unpaid volunteer in and around the pit and race track area.

[Pre-1998 Recodification Citation: 34-4-44.2-5.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-97"Participate in the illegal drug market"

     Sec. 97. (a) "Participate in the illegal drug market", for purposes of IC 34-24-4, means to:

(1) distribute;

(2) possess with an intent to distribute;

(3) commit an act intended to facilitate the marketing or distribution of; or

(4) agree to distribute;

an illegal drug.

     (b) The term does not include the purchase or receipt of an illegal drug for personal use only.

[Pre-1998 Recodification Citation: 34-1-70-5.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-98"Patient"

     Sec. 98. "Patient", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-22.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-99"Peer review committee"

     Sec. 99. (a) "Peer review committee", for purposes of IC 34-30-15, means a committee that:

(1) has the responsibility of evaluation of:

(A) qualifications of professional health care providers;

(B) patient care rendered by professional health care providers; or

(C) the merits of a complaint against a professional health care provider that includes a determination or recommendation concerning the complaint, and the complaint is based on the competence or professional conduct of an individual health care provider, whose competence or conduct affects or could affect adversely the health or welfare of a patient or patients; and

(2) meets the following criteria:

(A) The committee is organized:

(i) by a state, regional, or local organization of professional health care providers or by a nonprofit foundation created by the professional organization for purposes of improvement of patient care;

(ii) by the professional staff of a hospital, another health care facility, a nonprofit health care organization (under section 117(23) of this chapter), a professional health care organization, or a medical school located in Indiana;

(iii) by state or federal law or regulation;

(iv) by a governing board of a hospital, a nonprofit health care organization (under section 117(23) of this chapter), or professional health care organization;

(v) as a governing board or committee of the board of a hospital, a nonprofit health care organization (under section 117(23) of this chapter), or professional health care organization;

(vi) by an organization, a plan, or a program described in section 117(16) through 117(17) of this chapter;

(vii) as a hospital or a nonprofit health care organization (under section 117(23) of this chapter) medical staff or a section of that staff; or

(viii) as a governing board or committee of the board of a professional health care provider (as defined in section 117(16) through 117(17) of this chapter).

(B) At least fifty percent (50%) of the committee members are:

(i) individual professional health care providers, the governing board of a hospital, the governing board of a nonprofit health care organization (under section 117(23) of this chapter), or professional health care organization, or the governing board or a committee of the board of a professional health care provider (as defined in section 117(16) through 117(17) of this chapter); or

(ii) individual professional health care providers and the committee is organized as an interdisciplinary committee to conduct evaluation of patient care services.

     (b) However, "peer review committee" does not include a medical review panel created under IC 34-18-10 (or IC 27-12-10 before its repeal).

[Pre-1998 Recodification Citation: 34-4-12.6-1(c).]

As added by P.L.1-1998, SEC.1. Amended by P.L.204-2015, SEC.1.

 

IC 34-6-2-100"Performance"

     Sec. 100. "Performance", for purposes of IC 34-30-4, means the acts of a qualified director pertaining to the setting of policy and the controlling or overseeing of the activities or functional responsibilities of the entity served by the qualified director.

[Pre-1998 Recodification Citation: 34-4-11.5-2(a).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-101"Period of illegal drug use"

     Sec. 101. "Period of illegal drug use", for purposes of IC 34-24-4, means the time:

(1) of an individual drug user's first use of an illegal drug to the accrual of the cause of action under this chapter; and

(2) that is presumed to begin two (2) years before the cause of action accrues unless a defendant in the action proves otherwise by clear and convincing evidence.

[Pre-1998 Recodification Citation: 34-1-70-6.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-102"Periodic payments agreement"

     Sec. 102. "Periodic payments agreement", for purposes of IC 34-18-14, has the meaning set forth in IC 34-18-14-2.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-103"Person"

     Sec. 103. (a) "Person", for purposes of IC 34-14, has the meaning set forth in IC 34-14-1-13.

     (b) "Person", for purposes of IC 34-11-2-11.5 and IC 34-24-4, means:

(1) an individual;

(2) a governmental entity;

(3) a corporation;

(4) a firm;

(5) a trust;

(6) a partnership; or

(7) an incorporated or unincorporated association that exists under or is authorized by the laws of this state, another state, or a foreign country.

     (c) "Person", for purposes of section 44.8 of this chapter and IC 34-30-29-1, means an adult or a minor.

     (d) "Person", for purposes of IC 34-26-4, has the meaning set forth in IC 35-31.5-2-234.

     (e) "Person", for purposes of IC 34-30-5, means any of the following:

(1) An individual.

(2) A corporation.

(3) A partnership.

(4) An unincorporated association.

(5) The state (as defined in IC 34-6-2-140).

(6) A political subdivision (as defined in IC 34-6-2-110).

(7) Any other entity recognized by law.

     (f) "Person", for purposes of IC 34-30-6, means an individual, a corporation, a limited liability company, a partnership, an unincorporated association, or a governmental entity that:

(1) has qualifications or experience in:

(A) storing, transporting, or handling a hazardous substance or compressed gas;

(B) fighting fires;

(C) emergency rescue; or

(D) first aid care; or

(2) is otherwise qualified to provide assistance appropriate to remedy or contribute to the remedy of the emergency.

     (g) "Person", for purposes of IC 34-30-18, includes:

(1) an individual;

(2) an incorporated or unincorporated organization or association;

(3) the state of Indiana;

(4) a political subdivision (as defined in IC 36-1-2-13);

(5) an agency of the state or a political subdivision; or

(6) a group of such persons acting in concert.

     (h) "Person", for purposes of sections 42, 43, 69, and 95 of this chapter, means an individual, an incorporated or unincorporated organization or association, or a group of such persons acting in concert.

     (i) "Person", for purposes of IC 34-30-10.5, means the following:

(1) A political subdivision (as defined in IC 36-1-2-13).

(2) A volunteer fire department (as defined in IC 36-8-12-2).

(3) An employee of an entity described in subdivision (1) or (2) who acts within the scope of the employee's responsibilities.

(4) A volunteer firefighter (as defined in IC 36-8-12-2) who is acting for a volunteer fire department.

(5) A corporation, a limited liability company, a partnership, an unincorporated association, or any other entity recognized by law.

     (j) "Person", for purposes of IC 34-28-7, means:

(1) an individual;

(2) a governmental entity;

(3) a corporation;

(4) a firm;

(5) a trust;

(6) a partnership; or

(7) an incorporated or unincorporated association that exists under or is authorized by the laws of this state, another state, or a foreign country.

     (k) "Person", for purposes of IC 34-31-9, has the meaning set forth in IC 34-31-9-8.

[Pre-1998 Recodification Citations: subsection (a) formerly 34-4-10-13 part; subsection (b) formerly 34-1-52.5-1(b); subsection (c) formerly 34-1-70-7; subsection (d) formerly 34-4-5.1-1 part; subsection (e) formerly 34-4-38-1; subsection (f) formerly 34-4-12.5-1(d); subsection (g) formerly 34-4-12.2-1 part; subsection (h) formerly 34-4-11.6-2; subsection (i) formerly 34-4-44-7.]

As added by P.L.1-1998, SEC.1. Amended by P.L.95-2001, SEC.2; P.L.2-2002, SEC.89; P.L.133-2002, SEC.48; P.L.153-2002, SEC.1; P.L.1-2003, SEC.89; P.L.90-2010, SEC.5; P.L.154-2011, SEC.3; P.L.6-2012, SEC.220; P.L.114-2012, SEC.60; P.L.132-2015, SEC.2.

 

IC 34-6-2-104"Personnel of a peer review committee"

     Sec. 104. "Personnel of a peer review committee", for purposes of IC 34-30-15, means not only members of the committee but also all of the committee's employees, representatives, agents, attorneys, investigators, assistants, clerks, staff, and any other person or organization who serves a peer review committee in any capacity.

[Pre-1998 Recodification Citation: 34-4-12.6-1(e).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-105"Physical harm"

     Sec. 105. (a) "Physical harm", for purposes of IC 34-20, means bodily injury, death, loss of services, and rights arising from any such injuries, as well as sudden, major damage to property.

     (b) The term does not include gradually evolving damage to property or economic losses from such damage.

[Pre-1998 Recodification Citation: 33-1-1.5-2(2).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-106"Physician"

     Sec. 106. "Physician", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-23.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-107Repealed

[Pre-1998 Recodification Citation: 34-1-52.5-1(c).]

As added by P.L.1-1998, SEC.1. Repealed by P.L.2-2002, SEC.128.

 

IC 34-6-2-108"Place of illegal drug activity"

     Sec. 108. "Place of illegal drug activity", for purposes of IC 34-24-4, means each county in which:

(1) an individual drug user possesses or uses an illegal drug; or

(2) the individual drug user:

(A) resides;

(B) attends school; or

(C) is employed;

during the period of the individual drug user's illegal drug use;

unless a defendant in an action brought under IC 34-24-4 proves otherwise by clear and convincing evidence.

[Pre-1998 Recodification Citation: 34-1-70-8.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-109"Place of participation"

     Sec. 109. "Place of participation", for purposes of IC 34-24-4, means each county in which:

(1) a person participates in the illegal drug market; or

(2) the person:

(A) resides;

(B) attends school; or

(C) is employed;

during the period of the person's participation in the illegal drug market.

[Pre-1998 Recodification Citation: 34-1-70-9.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-110"Political subdivision"

     Sec. 110. "Political subdivision", for purposes of IC 34-13-3, means a:

(1) county;

(2) township;

(3) city;

(4) town;

(5) separate municipal corporation;

(6) special taxing district;

(7) state educational institution;

(8) city or county hospital;

(9) school corporation;

(10) board or commission of one (1) of the entities listed in subdivisions (1) through (9);

(11) drug enforcement task force operated jointly by political subdivisions;

(12) community correctional service program organized under IC 12-12-1; or

(13) solid waste management district established under IC 13-21 or IC 13-9.5-2 (before its repeal).

[Pre-1998 Recodification Citations: 34-4-16.5-2(a) part; 34-4-16.5-2(f).]

As added by P.L.1-1998, SEC.1. Amended by P.L.2-2007, SEC.371.

 

IC 34-6-2-111"Position of the agency"

     Sec. 111. "Position of the agency", for purposes of IC 34-52-2, means the litigation stance taken by the state in a civil action subject to IC 34-52-2.

[Pre-1998 Recodification Citation: 34-2-36-3.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-111.5"Possessor of land"

     Sec. 111.5. "Possessor of land", for purposes of IC 34-31-11, has the meaning set forth in IC 34-31-11-1.

As added by P.L.88-2015, SEC.1.

 

IC 34-6-2-112"Practitioner"

     Sec. 112. "Practitioner", for purposes of IC 34-30-14, means a person described in IC 16-42-19-5 who acts within the scope of the practitioner's practice.

[Pre-1998 Recodification Citation: 34-4-16.5-3.5(a).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-113"Prejudgment interest"

     Sec. 113. "Prejudgment interest", for purposes of IC 34-51-4, means interest on the amount of a judgment that is computed for a period preceding the date that the court returns a verdict or finding in the proceeding.

[Pre-1998 Recodification Citation: 34-4-37-2.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-113.5"Prior civil law and procedure"

     Sec. 113.5. "Prior civil law and procedure", for purposes of IC 34-7, refers to the statutes that are repealed or amended in the recodification act of the 1998 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 1998 regular session of the general assembly.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-114"Product"

     Sec. 114. (a) "Product", for purposes of IC 34-20, means any item or good that is personalty at the time it is conveyed by the seller to another party.

     (b) The term does not apply to a transaction that, by its nature, involves wholly or predominantly the sale of a service rather than a product.

[Pre-1998 Recodification Citation: 33-1-1.5-2(6).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-115"Product liability action"

     Sec. 115. "Product liability action", for purposes of IC 34-20, means an action that is brought:

(1) against a manufacturer or seller of a product; and

(2) for or on account of physical harm;

regardless of the substantive legal theory or theories upon which the action is brought.

[Pre-1998 Recodification Citation: 33-1-1.5-2(4).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-116"Professional health care organization"

     Sec. 116. "Professional health care organization", for purposes of IC 34-30-15, refers to an organization described in section 117(14) or 117(25) of this chapter.

[Pre-1998 Recodification Citation: 34-4-12.6-1(g).]

As added by P.L.1-1998, SEC.1. Amended by P.L.29-2013, SEC.1.

 

IC 34-6-2-117"Professional health care provider"

     Sec. 117. "Professional health care provider", for purposes of IC 34-30-15, means:

(1) a physician licensed under IC 25-22.5;

(2) a dentist licensed under IC 25-14;

(3) a hospital licensed under IC 16-21;

(4) a podiatrist licensed under IC 25-29;

(5) a chiropractor licensed under IC 25-10;

(6) an optometrist licensed under IC 25-24;

(7) a psychologist licensed under IC 25-33;

(8) a pharmacist licensed under IC 25-26;

(9) a health facility licensed under IC 16-28-2;

(10) a registered or licensed practical nurse licensed under IC 25-23;

(11) a physical therapist licensed under IC 25-27;

(12) a home health agency licensed under IC 16-27-1;

(13) a community mental health center (as defined in IC 12-7-2-38);

(14) a health care organization whose members, shareholders, subsidiaries, affiliates, or partners are:

(A) professional health care providers described in subdivisions (1) through (13);

(B) professional corporations comprised of health care professionals (as defined in IC 23-1.5-1-8); or

(C) professional health care providers described in subdivisions (1) through (13) and professional corporations comprised of persons described in subdivisions (1) through (13);

(15) a private psychiatric hospital licensed under IC 12-25;

(16) a preferred provider organization (including a preferred provider arrangement or reimbursement agreement under IC 27-8-11);

(17) a health maintenance organization (as defined in IC 27-13-1-19) or a limited service health maintenance organization (as defined in IC 27-13-34-4);

(18) a respiratory care practitioner licensed under IC 25-34.5;

(19) an occupational therapist licensed under IC 25-23.5;

(20) a state institution (as defined in IC 12-7-2-184);

(21) a clinical social worker who is licensed under IC 25-23.6-5-2;

(22) a managed care provider (as defined in IC 12-7-2-127(b));

(23) a nonprofit health care organization affiliated with a hospital that is owned or operated by a religious order, whose members are members of that religious order;

(24) a nonprofit health care organization with one (1) or more hospital affiliates;

(25) a health care organization that owns or controls, in whole or in part, one (1) or more entities described in subdivisions (1) through (24);

(26) A provider organization (as defined in IC 16-18-2-296);

(27) a paramedic licensed under IC 16-31;

(28) an emergency medical technician certified under IC 16-31;

(29) an emergency medical responder certified under IC 16-31; or

(30) an advanced emergency medical technician certified under IC 16-31.

[Pre-1998 Recodification Citation: 34-4-12.6-1(a).]

As added by P.L.1-1998, SEC.1. Amended by P.L.60-2000, SEC.29; P.L.223-2001, SEC.11; P.L.197-2007, SEC.92; P.L.29-2013, SEC.2; P.L.79-2016, SEC.2.

 

IC 34-6-2-118"Professional staff"

     Sec. 118. "Professional staff", for purposes of IC 34-30-15, means:

(1) all individual professional health care providers authorized to provide health care in a hospital or other health care facility; or

(2) the multidisciplinary staff of a community mental health center (as defined in IC 12-7-2-38).

[Pre-1998 Recodification Citation: 34-4-12.6-1(d).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-119"Program"

     Sec. 119. "Program", for purposes of IC 34-57-3, refers to the community dispute resolution centers program established under IC 34-57-3-2.

[Pre-1998 Recodification Citation: 34-4-2.5-6.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-120"Property"

     Sec. 120. (a) "Property", for purposes of IC 34-24-2, has the meaning set forth in IC 35-31.5-2-253.

     (b) "Property", for purposes of IC 34-30-9, includes the following:

(1) Real property.

(2) Private ways.

(3) Waters.

(4) A structure located on property listed in subdivisions (1) through (3).

[Pre-1998 Recodification Citations: subsection (a) formerly 34-4-30.5-1 part; subsection (b) formerly 34-4-16.9-2.]

As added by P.L.1-1998, SEC.1. Amended by P.L.114-2012, SEC.61.

 

IC 34-6-2-121Repealed

[Pre-1998 Recodification Citation: 34-1-52.5-1(d).]

As added by P.L.1-1998, SEC.1. Repealed by P.L.2-2002, SEC.128.

 

IC 34-6-2-121.4"Protected person"

     Sec. 121.4. "Protected person" means a petitioner or a family or household member of the petitioner who is protected by the terms of a civil protective order issued under IC 34-26-5.

As added by P.L.280-2001, SEC.35. Amended by P.L.133-2002, SEC.49.

 

IC 34-6-2-121.6"Protection order" or "order for protection"

     Sec. 121.6. (a) "Protection order" or "order for protection", for purposes of sections 48.5, 121.4, and 130.7 of this chapter and IC 34-26-5, means an injunction or other order issued by a tribunal of the issuing state or Indian tribe to prevent an individual from:

(1) engaging in violent or threatening acts against;

(2) engaging in harassment of;

(3) engaging in contact or communication with; or

(4) being in physical proximity to;

another person, including temporary and final orders issued by civil and criminal courts.

     (b) The term does not include a support or child custody order issued under the dissolution and child custody laws of a state or Indian tribe, except to the extent that the order qualifies as a protection order under subsection (a) and is entitled to full faith and credit under a federal law other than 18 U.S.C. 2265.

     (c) The term applies to an order regardless of whether the order is obtained by filing an independent action or as a pendente lite order in another proceeding if any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.

As added by P.L.280-2001, SEC.36. Amended by P.L.133-2002, SEC.50.

 

IC 34-6-2-122"Psychiatric hospital"

     Sec. 122. "Psychiatric hospital", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-24.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-123"Public employee"

     Sec. 123. "Public employee", for purposes of IC 34-13-2, IC 34-13-3, and IC 34-13-4, has the meaning set forth in section 38 of this chapter.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1. Amended by P.L.280-2001, SEC.37; P.L.133-2002, SEC.51.

 

IC 34-6-2-124"Public lawsuit"

     Sec. 124. (a) "Public lawsuit", for purposes of IC 34-13-5, means:

(1) any action in which the validity, location, wisdom, feasibility, extent, or character of construction, financing, or leasing of a public improvement by a municipal corporation is questioned directly or indirectly, including but not limited to suits for declaratory judgments or injunctions to declare invalid or to enjoin the construction, financing, or leasing; and

(2) any action to declare invalid or enjoin the creation, organization, or formation of any municipal corporation.

     (b) The definition of "public lawsuit", as used in IC 34-13-5, shall not be construed to broaden any right of action as is validly limited by applicable law.

[Pre-1998 Recodification Citation: 34-4-17-1(b).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-125Repealed

[Pre-1998 Recodification Citation: 34-1-52.5-1(e).]

As added by P.L.1-1998, SEC.1. Repealed by P.L.2-2002, SEC.128.

 

IC 34-6-2-126Repealed

[Pre-1998 Recodification Citation: 34-1-52-5(c).]

As added by P.L.1-1998, SEC.1. Repealed by P.L.2-2002, SEC.128.

 

IC 34-6-2-127"Qualified director"

     Sec. 127. "Qualified director", for purposes of IC 34-30-4, means any of the following individuals:

(1) An individual who serves without compensation for personal services as a member of a board or commission of the state or a political subdivision for the purpose of setting policy, controlling, or otherwise overseeing the activities or functional responsibilities of that board or commission.

(2) An individual who serves without compensation for personal services as a director or an officer for the purpose of setting policy, controlling, or otherwise overseeing the activities or functional responsibilities of a nonprofit corporation operating under IC 12-29, except IC 12-29-3-6 or an agency providing services under IC 12-12-3, or a nonprofit corporation that has one (1) of the following purposes:

(A) Religion.

(B) Charity.

(C) Benevolence.

(D) Providing goods or services at no charge to the general public.

(E) Education.

(F) Scientific activity.

(G) Developing or providing hospital services.

(H) Medical research.

(I) Developing or providing ambulance services or emergency medical treatment services.

(3) An individual who serves without compensation for personal services as a director for the purpose of setting policy, controlling, or otherwise overseeing the activities or functional responsibilities of an organization that acts as an advocate for its members and that has as its members individuals or organizations that are:

(A) members of a particular trade or industry; or

(B) members of the business community of a particular municipality or area of the state.

(4) An individual who serves without compensation for personal services as a director of a national, regional, or local fraternity or sorority that is connected with, and under the supervision of, a postsecondary educational institution located within Indiana.

(5) An individual who serves the purpose of setting policy, controlling, or otherwise overseeing the activities or functional responsibilities of a homeowners association (as defined in section 58 of this chapter).

(6) An individual who serves without compensation for personal services as a director for the purpose of setting policy, controlling, or otherwise overseeing the activities or functional responsibilities of the Special Olympics or the Pan American Games.

"Compensation", for purposes of this section, has the meaning set forth in section 28(a) of this chapter.

[Pre-1998 Recodification Citation: 34-4-11.5-1(a).]

As added by P.L.1-1998, SEC.1. Amended by P.L.2-2007, SEC.372.

 

IC 34-6-2-128"Qualified settlement offer"

     Sec. 128. "Qualified settlement offer", for purposes of IC 34-50, means an offer of full and final settlement to resolve all claims and defenses at issue between the offeror (as defined in section 90 of this chapter) and the recipient (as defined in section 129 of this chapter).

[Pre-1998 Recodification Citation: 34-4-44.6-4.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-129"Recipient"

     Sec. 129. "Recipient", for purposes of IC 34-50, means a party to a civil action who receives a qualified settlement offer (as defined in section 128 of this chapter) from an offeror (as defined in section 90 of this chapter) who is an opposing party in the civil action.

[Pre-1998 Recodification Citation: 34-4-44.6-3.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-129.4"Recreation"

     Sec. 129.4. "Recreation", for purposes of IC 34-31-11.4, includes physical exercise, leisure, or sports.

As added by P.L.95-2015, SEC.2.

 

IC 34-6-2-129.5"Recreational facility"

     Sec. 129.5. "Recreational facility", for purposes of IC 34-31-11.4, means a building, location, or area primarily designed and used for purposes of recreation. The term includes:

(1) a gymnasium;

(2) a park;

(3) a playground;

(4) a swimming pool;

(5) a fieldhouse;

(6) a beach;

(7) a stadium;

(8) a golf course;

(9) a campground;

(10) a boat launching site;

(11) an arboretum;

(12) a bicycle path;

(13) a bridle path;

(14) a community center;

(15) a bowling alley;

(16) a billiard hall;

(17) a court, field, or other area designated for sports; and

(18) any other building, location, or area specifically set aside for recreation.

As added by P.L.95-2015, SEC.3.

 

IC 34-6-2-129.6"Recreational user"

     Sec. 129.6. "Recreational user", for purposes of IC 34-31-11.4, means an authorized user of a recreational facility who is using the facility for the recreational purpose for which it was primarily designed. However, the term does not include a person participating in or attending an intercollegiate or interscholastic event.

As added by P.L.95-2015, SEC.4.

 

IC 34-6-2-130"Representative"

     Sec. 130. "Representative", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-25.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-130.7"Respondent"

     Sec. 130.7. "Respondent", for purposes of IC 34-26-5, means the individual against whom the enforcement of a protection order is sought.

As added by P.L.280-2001, SEC.38. Amended by P.L.133-2002, SEC.52; P.L.1-2003, SEC.90.

 

IC 34-6-2-131"Retirement plan"

     Sec. 131. "Retirement plan", for purposes of IC 34-55-10, includes:

(1) a stock bonus, a pension, a profit sharing, an annuity, or a similar plan or arrangement, including a retirement plan for self-employed individuals or a simplified employee pension plan;

(2) a government or church retirement plan or contract; or

(3) an individual retirement annuity or individual retirement account;

that is intended in good faith to qualify as a retirement plan under applicable provisions of the Internal Revenue Code of 1986, as amended.

[Pre-1998 Recodification Citation: 34-2-28-1(e).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-132"Risk"

     Sec. 132. "Risk", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-26.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-133"Risk manager"

     Sec. 133. "Risk manager", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-27.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-134"Roller skater"

     Sec. 134. "Roller skater", for purposes of IC 34-31-6, means a person, including an invitee, who wears roller skates while in a roller skating rink for the purpose of recreational or competitive roller skating, whether or not the person pays consideration for entrance to the roller skating rink.

[Pre-1998 Recodification Citation: 34-4-43-2.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-135"Roller skating rink"

     Sec. 135. "Roller skating rink", for purposes of IC 34-31-6, means a building, facility, or other property where an area specifically designed for use by the public for recreational or competitive roller skating is present.

[Pre-1998 Recodification Citation: 34-4-43-3.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-135.5"Security interest"

     Sec. 135.5. "Security interest", for purposes of section 73.7 of this chapter, means an interest in property created by a contract to secure the payment of a debt or the performance of an obligation.

As added by P.L.179-2005, SEC.8.

 

IC 34-6-2-136"Seller"

     Sec. 136. "Seller", for purposes of IC 34-20, means a person engaged in the business of selling or leasing a product for resale, use, or consumption.

[Pre-1998 Recodification Citation: 33-1-1.5-2(5).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-137"Session of the general assembly"

     Sec. 137. "Session of the general assembly", for purposes of IC 34-13-1-6, does not include a regular technical session.

[Pre-1998 Recodification Citation: 34-4-16-6(a).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-138"Sheriff"

     Sec. 138. "Sheriff", for purposes of IC 34-47-4, means the sheriff of the county in which a court issues a writ of attachment under IC 34-47-4 (or IC 34-4-9 before its repeal).

[Pre-1998 Recodification Citation: 34-4-9-2.1(a).]

As added by P.L.1-1998, SEC.1. Amended by P.L.280-2001, SEC.39; P.L.133-2002, SEC.53.

 

IC 34-6-2-139"Sports or leisure activity"

     Sec. 139. "Sports or leisure activity", for purposes of IC 34-30-19, means:

(1) an athletic or sports competition, exhibition, or event; and

(2) an activity conducted for a recreational purpose.

[Pre-1998 Recodification Citation: 34-4-11.8-2.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-140"State"

     Sec. 140. "State":

(1) for purposes of section 49(b) of this chapter and IC 34-13-3, means Indiana and its state agencies; and

(2) for purposes of sections 48.5 and 71.7 of this chapter and IC 34-26-5, has the meaning set forth in IC 1-1-4-5.

[Pre-1998 Recodification Citations: 34-4-16.5-2(a) part; 34-4-16.5-2(g).]

As added by P.L.1-1998, SEC.1. Amended by P.L.280-2001, SEC.40; P.L.133-2002, SEC.54; P.L.90-2010, SEC.6.

 

IC 34-6-2-141"State agency"

     Sec. 141. "State agency", for purposes of IC 34-13-3, means:

(1) a board;

(2) a commission;

(3) a department;

(4) a division;

(5) a governmental subdivision, including a soil and water conservation district;

(6) a bureau;

(7) a committee;

(8) an authority;

(9) a military body; or

(10) other instrumentality;

of the state. However, the term does not include a political subdivision.

[Pre-1998 Recodification Citations: 34-4-16.5-2(a) part; 34-4-16.5-2(h).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-142"Stepchild"

     Sec. 142. "Stepchild", for purposes of IC 34-30-11, includes a stepchild of any age.

[Pre-1998 Recodification Citation: 34-4-40-1 part.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-142.3"Structured settlement"

     Sec. 142.3. "Structured settlement", for purposes of IC 34-50-2, has the meaning set forth in IC 34-50-2-2.

As added by P.L.219-2001, SEC.3.

 

IC 34-6-2-142.5"Successor asbestos related liability"

     Sec. 142.5. "Successor asbestos related liability", for purposes of IC 34-31-8, has the meaning set forth in IC 34-31-8-4.

As added by P.L.134-2009, SEC.4.

 

IC 34-6-2-142.6"Telecommunications"

     Sec. 142.6. "Telecommunications", for purposes of IC 34-30-21, means the transmission of any document, picture, datum, sound, or other symbol by television, radio, microwave, optical, or other electromagnetic signal.

As added by P.L.5-2005, SEC.5.

 

IC 34-6-2-143"Tort"

     Sec. 143. "Tort", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-28.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-143.5"Transfer"

     Sec. 143.5. "Transfer", for purposes of IC 34-50-2, has the meaning set forth in IC 34-50-2-3.

As added by P.L.219-2001, SEC.4.

 

IC 34-6-2-143.7"Transferee"

     Sec. 143.7. "Transferee", for purposes of IC 34-50-2, has the meaning set forth in IC 34-50-2-4.

As added by P.L.219-2001, SEC.5.

 

IC 34-6-2-143.8"Transferor corporation"

     Sec. 143.8. "Transferor corporation", for purposes of IC 34-31-8, has the meaning set forth in IC 34-31-8-5.

As added by P.L.134-2009, SEC.5.

 

IC 34-6-2-143.9"Trespasser"

     Sec. 143.9. "Trespasser", for purposes of IC 34-31-11, has the meaning set forth in IC 34-31-11-2.

As added by P.L.88-2015, SEC.2.

 

IC 34-6-2-144"Trial"

     Sec. 144. "Trial", for purposes of IC 34-35-5, includes the impaneling of the jury, the actual trial, or other evidentiary hearing where witnesses are sworn and testify, hearings on motions for summary judgment, and entries of final disposition of a cause of action.

[Pre-1998 Recodification Citation: 34-2-15-1(d).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-144.2"Tribunal"

     Sec. 144.2. "Tribunal", for purposes of sections 48.5 and 121.6 of this chapter and IC 34-26-5, means a court, an agency, or another entity authorized by law to issue or modify a protection order.

As added by P.L.280-2001, SEC.41. Amended by P.L.133-2002, SEC.55.

 

IC 34-6-2-144.8"Uninsured motorist with a previous violation"

     Sec. 144.8. "Uninsured motorist with a previous violation", for purposes of IC 34-30-29.2, has the meaning set forth in IC 27-7-5.1-4.

As added by P.L.136-2015, SEC.4.

 

IC 34-6-2-145"Unit"

     Sec. 145. "Unit", for purposes of IC 34-24-1 and IC 34-24-2, has the meaning specified in IC 36-1-2-23.

[Pre-1998 Recodification Citation: 34-4-30.1-8 part.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-146"Unreasonably dangerous"

     Sec. 146. "Unreasonably dangerous", for purposes of IC 34-20, refers to any situation in which the use of a product exposes the user or consumer to a risk of physical harm to an extent beyond that contemplated by the ordinary consumer who purchases the product with the ordinary knowledge about the product's characteristics common to the community of consumers.

[Pre-1998 Recodification Citation: 33-1-1.5-2(7).]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-147"User"

     Sec. 147. "User", for purposes of IC 34-20, has the same meaning as the term "consumer", which is set forth in section 29 of this chapter.

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-148"Vehicle"

     Sec. 148. "Vehicle", for purposes of IC 34-24-3, has the meaning set forth in IC 35-31.5-2-346.

[Pre-1998 Recodification Citation: 34-4-30-3(a).]

As added by P.L.1-1998, SEC.1. Amended by P.L.114-2012, SEC.62.

 

IC 34-6-2-148.2"Victim"

     Sec. 148.2. "Victim", for purposes of IC 34-60-1, has the meaning set forth in IC 34-60-1-1.

As added by P.L.150-2014, SEC.2.

 

IC 34-6-2-148.3"Victim advocate"

     Sec. 148.3. "Victim advocate", for purposes of IC 34-60-1, has the meaning set forth in IC 34-60-1-2.

As added by P.L.150-2014, SEC.3.

 

IC 34-6-2-148.5"Victim notification capabilities"

     Sec. 148.5. "Victim notification capabilities" means, with respect to a GPS tracking device, the ability of the device to do the following:

(1) Immediately notify law enforcement or other supervisory personnel if the device enters a forbidden area.

(2) Notify the victim in real time or near real time if the device enters a forbidden area.

(3) Allow a law enforcement officer or other supervisory officer to contact the offender immediately if the device enters a forbidden area.

(4) Activate an alarm to warn others of the device's presence in a forbidden area.

As added by P.L.116-2009, SEC.10.

 

IC 34-6-2-148.7"Victim service provider"

     Sec. 148.7. "Victim service provider", for purposes of IC 34-60-1, has the meaning set forth in IC 34-60-1-3.

As added by P.L.150-2014, SEC.4.

 

IC 34-6-2-149Repealed

[Pre-1998 Recodification Citation: 34-1-52-5(d).]

As added by P.L.1-1998, SEC.1. Repealed by P.L.2-2002, SEC.128.

 

IC 34-6-2-150"Volunteer"

     Sec. 150. "Volunteer", for purposes of IC 34-30-19, means an individual who, without compensation, engages in or provides other personal services for a sports or leisure activity such as baseball, basketball, football, soccer, hockey, volleyball, cheerleading, or other similar sports or leisure activities involving children who are less than sixteen (16) years of age.

[Pre-1998 Recodification Citation: 34-4-11.8-3.]

As added by P.L.1-1998, SEC.1.

 

IC 34-6-2-151"Weekly newspaper"

     Sec. 151. "Weekly newspaper", for purposes of IC 34-15-4, means a newspaper that publishes one (1), two (2), three (3), or four (4) issues each week.

[Pre-1998 Recodification Citation: 34-4-15-5.]

As added by P.L.1-1998, SEC.1. Amended by P.L.1-2006, SEC.517.

 

IC 34-7ARTICLE 7. GENERAL PROVISIONS
           Ch. 1.Effect of Recodification Act of the 1998 Regular Session of the General Assembly
           Ch. 2.General Policy Provisions
           Ch. 3.Construction of Statutes
           Ch. 4.Scope of Title
           Ch. 5.Computation of Time
           Ch. 6.Extensions of Time During Emergencies
           Ch. 7.Defense in Civil Actions Against Persons Who Act in Furtherance of the Person's Right of Petition or Free Speech Under the Constitution of the United States or the Constitution of the State of Indiana in Connection With a Public Issue

 

IC 34-7-1Chapter 1. Effect of Recodification Act of the 1998 Regular Session of the General Assembly
           34-7-1-1Purpose
           34-7-1-2Applicability
           34-7-1-3Effect on actions before July 1, 1998
           34-7-1-4Statutory construction
           34-7-1-5Reference to repealed statutes
           34-7-1-6Citation references
           34-7-1-7Rules references
           34-7-1-8Citations to prior civil law and procedure
           34-7-1-9Medical malpractice provisions

 

IC 34-7-1-1Purpose

     Sec. 1. The purpose of the recodification act of the 1998 regular session of the general assembly is to recodify prior civil law and procedure in a style that is clear, concise, and easy to interpret and apply. Except to the extent that:

(1) the recodification act of the 1998 regular session of the general assembly is amended to reflect the changes made in a provision of another bill that adds to, amends, or repeals a provision in the recodification act of the 1998 regular session of the general assembly; or

(2) the minutes of meetings of the code revision commission during 1997 expressly indicate a different purpose;

the substantive operation and effect of the prior civil law and procedure continue uninterrupted as if the recodification act of the 1998 regular session of the general assembly had not been enacted.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.2.

 

IC 34-7-1-2Applicability

     Sec. 2. Subject to section 1 of this chapter, sections 3 through 9 of this chapter shall be applied to the statutory construction of the recodification act of the 1998 regular session of the general assembly.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.2.

 

IC 34-7-1-3Effect on actions before July 1, 1998

     Sec. 3. (a) The recodification act of the 1998 regular session of the general assembly does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made or authorized;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of any contracts or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior civil law and procedure;

before the effective date of the recodification act of the 1998 regular session of the general assembly (July 1, 1998). Those rights, liabilities, penalties, offenses, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, leases, permits, licenses, certificates of registration, grants of authority, or limitations of authority continue and shall be imposed and enforced under prior civil law and procedure as if the recodification act of the 1998 regular session of the general assembly had not been enacted.

     (b) The recodification act of the 1998 regular session of the general assembly does not:

(1) extend, or cause to expire, a permit, license, certificate of registration, or other grant or limitation of authority; or

(2) in any way affect the validity, scope, or status of a license, permit, certificate of registration, or other grant or limitation of authority;

issued under the prior civil law and procedure.

     (c) The recodification act of the 1998 regular session of the general assembly does not affect the revocation, limitation, or suspension of a permit, license, certificate of registration, or other grant or limitation of authority based in whole or in part on violations of the prior civil law and procedure or the rules adopted under the prior civil law and procedure.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.2.

 

IC 34-7-1-4Statutory construction

     Sec. 4. The recodification act of the 1998 regular session of the general assembly shall be construed as a recodification of prior civil law and procedure statutes. Except as provided in section 1(1) and 1(2) of this chapter, if the literal meaning of the recodification act of the 1998 regular session of the general assembly (including a literal application of an erroneous change to an internal reference) would result in a substantive change in the prior civil law and procedure, the difference shall be construed as a typographical, spelling, or other clerical error that must be corrected by:

(1) inserting, deleting, or substituting words, punctuation, or other matters of style in the recodification act of the 1998 regular session of the general assembly; or

(2) using any other rule of statutory construction;

as necessary or appropriate to apply the recodification act of the 1998 regular session of the general assembly in a manner that does not result in a substantive change in the law. The principle of statutory construction that a court must apply the literal meaning of an act if the literal meaning of the act is unambiguous does not apply to the recodification act of the 1998 regular session of the general assembly to the extent that the recodification act of the 1998 regular session of the general assembly is not substantively identical to the prior civil law and procedure.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.2.

 

IC 34-7-1-5Reference to repealed statutes

     Sec. 5. Subject to section 8 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 1998 regular session of the general assembly shall be treated after the effective date of the new provision as a reference to the new provision.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.2.

 

IC 34-7-1-6Citation references

     Sec. 6. A citation reference in the recodification act of the 1998 regular session of the general assembly to another provision of the recodification act of the 1998 regular session of the general assembly shall be treated as including a reference to the provision of prior civil law and procedure that is substantively equivalent to the provision of the recodification act of the 1998 regular session of the general assembly that is referred to by the citation reference.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.2.

 

IC 34-7-1-7Rules references

     Sec. 7. (a) As used in the recodification act of the 1998 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 1998 regular session of the general assembly refers to either:

(1) rules adopted under the recodification act of the 1998 regular session of the general assembly; or

(2) rules adopted under the prior civil law and procedure until those rules have been amended, repealed, or superseded.

     (b) Rules adopted under the prior civil law and procedure continue in effect after June 30, 1998, until the rules are amended, repealed, or suspended.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.2.

 

IC 34-7-1-8Citations to prior civil law and procedure

     Sec. 8. (a) A reference in the recodification act of the 1998 regular session of the general assembly to a citation in the prior civil law and procedure before its repeal is added in certain sections of the recodification act of the 1998 regular session of the general assembly only as an aid to the reader.

     (b) The inclusion or omission in the recodification act of the 1998 regular session of the general assembly of a reference to a citation in the prior civil law and procedure before its repeal does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of contracts or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior civil law and procedure;

before the effective date of the recodification act of the 1998 regular session of the general assembly (July 1, 1998). Those rights, liabilities, penalties, offenses, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, leases, licenses, permits, certificates of registration, and other grants of authority continue and shall be imposed and enforced under prior civil law and procedure as if the recodification act of the 1998 regular session of the general assembly had not been enacted.

     (c) The inclusion or omission in the recodification act of the 1998 regular session of the general assembly of a citation to a provision in the prior civil law and procedure statutes does not affect the use of a prior conviction, violation, or noncompliance under the prior civil law and procedure as the basis for revocation of a license, permit, certificate of registration, or other grant of authority under the recodification act of the 1998 regular session of the general assembly, as necessary or appropriate to apply the recodification act of the 1998 regular session of the general assembly in a manner that does not result in a substantive change in the law.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.2.

 

IC 34-7-1-9Medical malpractice provisions

     Sec. 9. Sections 1 through 8 of this chapter apply to IC 34-18 concerning medical malpractice, which, before it was recodified in the recodification act of the 1998 regular session of the general assembly effective July 1, 1998, appeared at IC 27-12 in the Indiana Code.

As added by P.L.1-1998, SEC.2.

 

IC 34-7-2Chapter 2. General Policy Provisions
           34-7-2-1Rights of Wabash and Erie Canal lands owners

 

IC 34-7-2-1Rights of Wabash and Erie Canal lands owners

     Sec. 1. This title does not in any way affect the rights of any purchaser in good faith, for a valuable consideration without actual notice, or the rights of any owner of any portion of the class of lands described in IC 34-1-18-1 before its repeal in 1989.

[Pre-1998 Recodification Citation: 34-1-18-2.]

As added by P.L.1-1998, SEC.2.

 

IC 34-7-3Chapter 3. Construction of Statutes
           34-7-3-1Liberal construction

 

IC 34-7-3-1Liberal construction

     Sec. 1. This title shall be liberally construed and shall not be limited by any rules of strict construction.

[Pre-1998 Recodification Citation: 34-1-67-5.]

As added by P.L.1-1998, SEC.2.

 

IC 34-7-4Chapter 4. Scope of Title
           34-7-4-1Causes of action and procedures not exhaustive
           34-7-4-2Statutes outside IC 34 providing causes of action or procedures

 

IC 34-7-4-1Causes of action and procedures not exhaustive

     Sec. 1. This title is not intended to be an exhaustive compilation of all causes of action and procedures in the Indiana Code. In addition to the causes of action and procedures that appear in this title, other causes of action and procedures may appear in other titles of the Indiana Code.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.2.

 

IC 34-7-4-2Statutes outside IC 34 providing causes of action or procedures

     Sec. 2. Statutes outside IC 34 providing causes of action or procedures include the following:

(1) IC 4-21.5-5 (Judicial review of administrative agency actions).

(2) IC 22-3-4 (Worker's compensation administration and procedures).

(3) IC 22-4-17 (Unemployment compensation system, employee's claims for benefits).

(4) IC 22-4-32 (Unemployment compensation system, employer's appeal process).

(5) IC 22-9 (Civil rights actions).

(6) IC 24-9 (Home loans).

(7) IC 31-14 (Paternity).

(8) IC 31-15 (Dissolution of marriage and legal separation).

(9) IC 31-16 (Support of children and other dependents).

(10) IC 31-17 (Custody and parenting time).

(11) IC 31-19 (Adoption).

(12) IC 32-27-2, IC 32-30-1, IC 32-30-2, IC 32-30-4, IC 32-30-9, IC 32-30-10, IC 32-30-12, IC 32-30-13, and IC 32-30-14 (Real property).

(13) IC 33-43-4 (Attorney liens).

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.2. Amended by P.L.2-2002, SEC.90; P.L.98-2004, SEC.120; P.L.73-2004, SEC.46; P.L.68-2005, SEC.58.

 

IC 34-7-5Chapter 5. Computation of Time
           34-7-5-1Method of computation

 

IC 34-7-5-1Method of computation

     Sec. 1. The time within which an act is to be done, as provided in this title, shall be computed by excluding the first day and including the last. If the last day is Sunday, that Sunday shall be excluded.

[Pre-1998 Recodification Citation: 34-1-61-1.]

As added by P.L.1-1998, SEC.2.

 

IC 34-7-6Chapter 6. Extensions of Time During Emergencies
           34-7-6-1Emergency extension of time; applicability
           34-7-6-2Authority to declare emergency
           34-7-6-3Computation of time
           34-7-6-4Supreme court granting relief
           34-7-6-5Supreme court regulating procedures

 

IC 34-7-6-1Emergency extension of time; applicability

     Sec. 1. This chapter applies to a proceeding:

(1) pending before a court, a body, or an official, that exists under the constitution or laws of Indiana;

(2) in which certain limitations of time are or may be fixed by law or rule for doing any acts in the proceeding; and

(3) if an emergency exists or arises by reason of:

(A) war;

(B) insurrection;

(C) pestilence; or

(D) act of God;

which prevents the performance of an act that is essential to conserve substantial rights.

[Pre-1998 Recodification Citation: 34-2-35-1 part.]

As added by P.L.1-1998, SEC.2.

 

IC 34-7-6-2Authority to declare emergency

     Sec. 2. The court, judge, body, or official has authority to:

(1) find and declare:

(A) the existence of an emergency; and

(B) the time during which the emergency existed; and

(2) enter the finding and declaration in the record.

[Pre-1998 Recodification Citation: 34-2-35-1 part.]

As added by P.L.1-1998, SEC.2.

 

IC 34-7-6-3Computation of time

     Sec. 3. In computing the time within which the act is required to be done under the limitations fixed by law or rule, the time during which such emergency existed shall be excluded, and shall not be considered.

[Pre-1998 Recodification Citation: 34-2-35-1 part.]

As added by P.L.1-1998, SEC.2.

 

IC 34-7-6-4Supreme court granting relief

     Sec. 4. If a court, judge, body, or official described in section 2 of this chapter is not able to act for any reason, the supreme court of Indiana upon petition:

(1) may grant a finding and declaration of an emergency in place of the presiding court, judge, body, or official; and

(2) shall certify its order to the presiding court, judge, body, or official.

[Pre-1998 Recodification Citation: 34-2-35-2 part.]

As added by P.L.1-1998, SEC.2.

 

IC 34-7-6-5Supreme court regulating procedures

     Sec. 5. The supreme court may regulate all procedures described in this chapter by rules.

[Pre-1998 Recodification Citation: 34-2-35-2 part.]

As added by P.L.1-1998, SEC.2.

 

IC 34-7-7Chapter 7. Defense in Civil Actions Against Persons Who Act in Furtherance of the Person's Right of Petition or Free Speech Under the Constitution of the United States or the Constitution of the State of Indiana in Connection With a Public Issue
           34-7-7-1Applicability of chapter
           34-7-7-2"Act in furtherance of a person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana in connection with a public issue" defined
           34-7-7-3"Claim" defined
           34-7-7-4"Person" defined
           34-7-7-5Conditions under which rights of petition or free speech may be used as defense
           34-7-7-6Discovery; stay pending motion to dismiss
           34-7-7-7Costs and attorney's fees; defendant successful in motion to dismiss
           34-7-7-8Costs and attorney's fees; defendant unsuccessful in motion to dismiss
           34-7-7-9Motion to dismiss; procedures and determination
           34-7-7-10Remedy in addition to other remedies provided by law

 

IC 34-7-7-1Applicability of chapter

     Sec. 1. (a) This chapter applies to an act in furtherance of a person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana in connection with a public issue or an issue of public interest that arises after June 30, 1998. This chapter does not apply to an action that was filed and is pending before July 1, 1998.

     (b) This chapter does not apply to an enforcement action brought in the name of the state of Indiana by the attorney general, a prosecuting attorney, or another attorney acting as a public prosecutor.

As added by P.L.114-1998, SEC.7.

 

IC 34-7-7-2"Act in furtherance of a person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana in connection with a public issue" defined

     Sec. 2. As used in this chapter, "act in furtherance of a person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana in connection with a public issue" includes any conduct in furtherance of the exercise of the constitutional right of:

(1) petition; or

(2) free speech;

in connection with a public issue or an issue of public interest.

As added by P.L.114-1998, SEC.7.

 

IC 34-7-7-3"Claim" defined

     Sec. 3. As used in this chapter, "claim" means:

(1) a lawsuit;

(2) a cause of action;

(3) a petition;

(4) a complaint;

(5) a cross claim;

(6) a counterclaim; or

(7) any other judicial pleading or filing;

that requests legal or equitable relief.

As added by P.L.114-1998, SEC.7.

 

IC 34-7-7-4"Person" defined

     Sec. 4. As used in this chapter, "person" means any of the following:

(1) An individual.

(2) Any other legal entity.

As added by P.L.114-1998, SEC.7.

 

IC 34-7-7-5Conditions under which rights of petition or free speech may be used as defense

     Sec. 5. It is a defense in a civil action against a person that the act or omission complained of is:

(1) an act or omission of that person in furtherance of the person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana in connection with a public issue; and

(2) an act or omission taken in good faith and with a reasonable basis in law and fact.

As added by P.L.114-1998, SEC.7.

 

IC 34-7-7-6Discovery; stay pending motion to dismiss

     Sec. 6. All discovery proceedings in the action are stayed upon the filing of a motion to dismiss made under this chapter, except for discovery relevant to the motion.

As added by P.L.114-1998, SEC.7.

 

IC 34-7-7-7Costs and attorney's fees; defendant successful in motion to dismiss

     Sec. 7. A prevailing defendant on a motion to dismiss made under this chapter is entitled to recover reasonable attorney's fees and costs.

As added by P.L.114-1998, SEC.7.

 

IC 34-7-7-8Costs and attorney's fees; defendant unsuccessful in motion to dismiss

     Sec. 8. If a court finds that a motion to dismiss made under this chapter is:

(1) frivolous; or

(2) solely intended to cause unnecessary delay;

the plaintiff is entitled to recover reasonable attorney's fees and costs to answer the motion.

As added by P.L.114-1998, SEC.7.

 

IC 34-7-7-9Motion to dismiss; procedures and determination

     Sec. 9. (a) If a person files a motion to dismiss under this chapter, the court in which the motion is filed shall do the following:

(1) Treat the motion as a motion for summary judgment.

(2) Establish a reasonable time period, not to exceed one hundred eighty (180) days, to expedite and rule on the motion.

(3) Specify time limits for the discovery of evidence to respond to material issues raised in the motion.

     (b) The person who files a motion to dismiss must state with specificity the public issue or issue of public interest that prompted the act in furtherance of the person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana.

     (c) The court shall make its determination based on the facts contained in the pleadings and affidavits filed and discovered under the expedited proceeding.

     (d) The motion to dismiss shall be granted if the court finds that the person filing the motion has proven, by a preponderance of the evidence, that the act upon which the claim is based is a lawful act in furtherance of the person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana.

     (e) The court must act on the motion to dismiss within thirty (30) days from the submission of evidence made by motion to the court that is discovered within the specific expedited time period allowed.

     (f) If a court does not act within the thirty (30) days provided in subsection (e), the person filing the motion may appeal the matter based on the court's failure to rule on the motion.

As added by P.L.114-1998, SEC.7.

 

IC 34-7-7-10Remedy in addition to other remedies provided by law

     Sec. 10. The remedy provided by this chapter is in addition to other remedies provided by law.

As added by P.L.114-1998, SEC.7.

 

IC 34-8ARTICLE 8. RULES OF PROCEDURE
           Ch. 1.Authority of Courts to Adopt Rules of Procedure
           Ch. 2.Indiana Rules of Trial Procedure

 

IC 34-8-1Chapter 1. Authority of Courts to Adopt Rules of Procedure
           34-8-1-1Purpose of chapter
           34-8-1-2Statutes in force and effect as provided in chapter
           34-8-1-3Power of supreme court to adopt, amend, and rescind procedural rules
           34-8-1-4Other courts; power to establish rules

 

IC 34-8-1-1Purpose of chapter

     Sec. 1. The purpose of this chapter is to enable the supreme court to:

(1) simplify and abbreviate the pleadings and proceedings;

(2) expedite the decision of causes;

(3) remedy abuses and imperfections that exist in the practice;

(4) abolish unnecessary forms and technicalities in pleading and practice; and

(5) abolish fictions and unnecessary process and proceedings.

[Pre-1998 Recodification Citation: 34-5-2-1 part.]

As added by P.L.1-1998, SEC.3.

 

IC 34-8-1-2Statutes in force and effect as provided in chapter

     Sec. 2. All statutes relating to practice and procedure in any of the courts of Indiana are in force and effect only as provided in this chapter.

[Pre-1998 Recodification Citation: 34-5-2-1 part.]

As added by P.L.1-1998, SEC.3.

 

IC 34-8-1-3Power of supreme court to adopt, amend, and rescind procedural rules

     Sec. 3. The supreme court has authority to adopt, amend, and rescind rules of court that govern and control practice and procedure in all the courts of Indiana. These rules must be promulgated and take effect under the rules adopted by the supreme court, and thereafter all laws in conflict with the supreme court's rules have no further force or effect.

[Pre-1998 Recodification Citation: 34-5-2-1 part.]

As added by P.L.1-1998, SEC.3.

 

IC 34-8-1-4Other courts; power to establish rules

     Sec. 4. Other Indiana courts may establish rules for their own government, supplementary to and not conflicting with the rules prescribed by the supreme court or any statute.

[Pre-1998 Recodification Citation: 34-5-2-2.]

As added by P.L.1-1998, SEC.3.

 

IC 34-8-2Chapter 2. Indiana Rules of Trial Procedure
           34-8-2-1Supreme court; power to adopt, amend, and rescind procedural rules reaffirmed
           34-8-2-2Adoption and incorporation of rules of trial procedure

 

IC 34-8-2-1Supreme court; power to adopt, amend, and rescind procedural rules reaffirmed

     Sec. 1. The general assembly of the state of Indiana affirms the inherent power of the supreme court of Indiana to adopt, amend, and rescind rules of court affecting matters of procedure, and the general assembly reaffirms the power given to the supreme court to adopt, amend, and rescind rules of court, including the rules of court adopted in this chapter, as set forth by IC 34-8-1-1. However, the power of the supreme court to adopt, amend, and rescind rules of court does not preclude the creation, by statute, of alternatives to the change of venue.

[Pre-1998 Recodification Citations: 34-5-1-2; 34-5-2-1 part.]

As added by P.L.1-1998, SEC.3.

 

IC 34-8-2-2Adoption and incorporation of rules of trial procedure

     Sec. 2. The general assembly adopts, and incorporates into the Indiana Code, the Indiana rules of trial procedure:

(1) as enacted by the general assembly in Acts 1969, c.191, s.1, and amended by P.L.319-1975, SECTION 1; and

(2) as accepted by the Indiana supreme court as being in effect on December 31, 1983.

[Pre-1998 Recodification Citation: 34-5-1-6.]

As added by P.L.1-1998, SEC.3.

 

IC 34-9ARTICLE 9. PARTIES
           Ch. 1.Representation of Parties by Attorneys
           Ch. 2.Appointment of Guardian Ad Litem for Minor Parties
           Ch. 3.Survival of Cause of Action After Death of Party

 

IC 34-9-1Chapter 1. Representation of Parties by Attorneys
           34-9-1-1Actions by private parties, attorneys, or corporations

 

IC 34-9-1-1Actions by private parties, attorneys, or corporations

     Sec. 1. (a) Except as provided under subsection (c), a civil action may be prosecuted or defended by a party:

(1) in person; or

(2) represented by an attorney.

     (b) If the state of Indiana is a party to a civil action filed on the small claims docket of a circuit court or superior court, the state of Indiana is not required to appear by attorney.

     (c) A corporation and any organization required to make application to the secretary of state under IC 25-11-1-3 must appear by attorney in all cases. However, corporations organized under:

(1) IC 23-1;

(2) IC 23-1.5;

(3) IC 23-7-1.1 (before its repeal on August 1, 1991); or

(4) IC 23-17;

are not required to appear by attorney in civil cases filed on a small claims docket of a circuit or superior court.

[Pre-1998 Recodification Citation: 34-1-60-1.]

As added by P.L.1-1998, SEC.4. Amended by P.L.201-2011, SEC.107.

 

IC 34-9-2Chapter 2. Appointment of Guardian Ad Litem for Minor Parties
           34-9-2-1Authority to appoint

 

IC 34-9-2-1Authority to appoint

     Sec. 1. All courts have the authority to:

(1) appoint a guardian ad litem to defend the interests of any person under eighteen (18) years of age impleaded in a suit; and

(2) permit any person, as next friend, to prosecute a suit in a minor's behalf.

[Pre-1998 Recodification Citation: 34-2-3-1.]

As added by P.L.1-1998, SEC.4.

 

IC 34-9-3Chapter 3. Survival of Cause of Action After Death of Party
           34-9-3-0.2Application of certain amendments to prior law
           34-9-3-1Continuing action after death of party
           34-9-3-2Notice served on legal representatives
           34-9-3-3Actions before and after defendant's death
           34-9-3-4Action by decedent's representative based on personal injuries not causing death
           34-9-3-5Personal injury claims; death of party pending appeal or before new trial after reversal

 

IC 34-9-3-0.2Application of certain amendments to prior law

     Sec. 0.2. The amendments made to IC 34-1-1-1 (before its repeal, now codified in this chapter) by P.L.94-1989 do not apply to causes of action that accrue before July 1, 1989.

As added by P.L.220-2011, SEC.546.

 

IC 34-9-3-1Continuing action after death of party

     Sec. 1. (a) If an individual who is entitled or liable in a cause of action dies, the cause of action survives and may be brought by or against the representative of the deceased party except actions for:

(1) libel;

(2) slander;

(3) malicious prosecution;

(4) false imprisonment;

(5) invasion of privacy; and

(6) personal injuries to the deceased party;

which survive only to the extent provided in this chapter.

     (b) An action under this chapter may be brought, or the court, on motion, may allow the action to be continued by or against the legal representatives or successors in interest of the deceased. The action is considered a continued action and accrues to the representatives or successors at the time the action would have accrued to the deceased if the deceased had survived.

[Pre-1998 Recodification Citation: 34-1-1-1(a).]

As added by P.L.1-1998, SEC.4.

 

IC 34-9-3-2Notice served on legal representatives

     Sec. 2. If an action is continued against the legal representatives or successors of a defendant, a notice shall be served on them as in the case of an original notice.

[Pre-1998 Recodification Citation: 34-1-1-1(b).]

As added by P.L.1-1998, SEC.4.

 

IC 34-9-3-3Actions before and after defendant's death

     Sec. 3. (a) If an action commenced against the decedent before the decedent's death, the action is continued by substituting the decedent's personal representatives, as in other actions surviving the defendant's death.

     (b) If the action is brought after the death of a defendant, then the action is prosecuted as are other claims against the decedent's estate.

[Pre-1998 Recodification Citation: 34-1-1-1(c).]

As added by P.L.1-1998, SEC.4.

 

IC 34-9-3-4Action by decedent's representative based on personal injuries not causing death

     Sec. 4. (a) This section applies when a person:

(1) receives personal injuries caused by the wrongful act or omission of another; and

(2) subsequently dies from causes other than those personal injuries.

     (b) The personal representative of the decedent who was injured may maintain an action against the wrongdoer to recover all damages resulting before the date of death from those injuries that the decedent would have been entitled to recover had the decedent lived. The damages inure to the exclusive benefit of the decedent's estate.

[Pre-1998 Recodification Citation: 34-1-1-1(d).]

As added by P.L.1-1998, SEC.4. Amended by P.L.143-2009, SEC.43; P.L.79-2017, SEC.77.

 

IC 34-9-3-5Personal injury claims; death of party pending appeal or before new trial after reversal

     Sec. 5. (a) This section applies when:

(1) a person obtains a judgment for personal injuries against a person, company, or corporation in a trial court;

(2) the person, company, or corporation against whom or which the judgment was obtained appeals to the supreme court or the court of appeals; and

(3) the judgment is reversed by the supreme court or the court of appeals, with a new trial granted to the appellant.

     (b) If a person who obtains a judgment dies:

(1) pending the appeal; or

(2) before a new trial after the reversal;

the claim for personal injuries survives and may be prosecuted by the representative of the decedent, as other claims are prosecuted for and on behalf of decedents' estates.

[Pre-1998 Recodification Citation: 34-4-21-1.]

As added by P.L.1-1998, SEC.4.

 

IC 34-10ARTICLE 10. ACCESS TO COURTS BY INDIGENT PERSONS
           Ch. 1.Proceeding as an Indigent Person
           Ch. 2.Annulling Leave to Proceed as an Indigent Person

 

IC 34-10-1Chapter 1. Proceeding as an Indigent Person
           34-10-1-1Application for leave to prosecute or defend as an indigent person
           34-10-1-2Assignment of attorney
           34-10-1-3Filing of claim by an offender with three prior actions dismissed as frivolous; exception

 

IC 34-10-1-1Application for leave to prosecute or defend as an indigent person

     Sec. 1. An indigent person who does not have sufficient means to prosecute or defend an action may apply to the court in which the action is intended to be brought, or is pending, for leave to prosecute or defend as an indigent person.

[Pre-1998 Recodification Citation: 34-1-1-3 part.]

As added by P.L.1-1998, SEC.5.

 

IC 34-10-1-2Assignment of attorney

     Sec. 2. (a) This section may not be construed to prohibit a court from participating in a pro bono legal services program or other program that provides legal services to litigants:

(1) without charge; or

(2) at a reduced fee.

     (b) If the court is satisfied that a person who makes an application described in section 1 of this chapter does not have sufficient means to prosecute or defend the action, the court:

(1) shall admit the applicant to prosecute or defend as an indigent person; and

(2) may, under exceptional circumstances, assign an attorney to defend or prosecute the cause.

     (c) The factors that a court may consider under subsection (b)(2) include the following:

(1) The likelihood of the applicant prevailing on the merits of the applicant's claim or defense.

(2) The applicant's ability to investigate and present the applicant's claims or defenses without an attorney, given the type and complexity of the facts and legal issues in the action.

     (d) The court shall deny an application made under section 1 of this chapter if the court determines any of the following:

(1) The applicant failed to make a diligent effort to obtain an attorney before filing the application.

(2) The applicant is unlikely to prevail on the applicant's claim or defense.

     (e) All officers required to prosecute or defend the action shall do their duty in the case without taking any fee or reward from the indigent person.

     (f) The reasonable attorney's fees and expenses of an attorney appointed to represent an applicant under section 1 of this chapter shall be paid from the money appropriated to the court:

(1) appointing the attorney, if the action was not transferred to another county; or

(2) from which the action was transferred, if the action was transferred to another county.

[Pre-1998 Recodification Citation: 34-1-1-3 part.]

As added by P.L.1-1998, SEC.5. Amended by P.L.125-2002, SEC.1.

 

IC 34-10-1-3Filing of claim by an offender with three prior actions dismissed as frivolous; exception

     Sec. 3. If an offender has filed at least three (3) civil actions in which a state court has dismissed the action or a claim under IC 34-58-1-2, the offender may not file a new complaint or petition as an indigent person under this chapter, unless a court determines the offender is in immediate danger of serious bodily injury.

As added by P.L.128-2009, SEC.1.

 

IC 34-10-2Chapter 2. Annulling Leave to Proceed as an Indigent Person
           34-10-2-1Application of chapter
           34-10-2-2Annulment of order

 

IC 34-10-2-1Application of chapter

     Sec. 1. This chapter applies to a person who was assigned representation as an indigent person under IC 34-10-1.

[Pre-1998 Recodification Citation: 34-1-1-4 part.]

As added by P.L.1-1998, SEC.5.

 

IC 34-10-2-2Annulment of order

     Sec. 2. If the person described in section 1 of this chapter is guilty of:

(1) any improper conduct; or

(2) any unjustifiable delay in the progress of the action;

the court may annul the order. The indigent person shall subsequently be deprived of all benefit of the order permitting the person to prosecute or defend as an indigent person.

[Pre-1998 Recodification Citation: 34-1-1-4 part.]

As added by P.L.1-1998, SEC.5.

 

IC 34-11ARTICLE 11. LIMITATION OF ACTIONS
           Ch. 1.Statutes of Limitation Generally
           Ch. 2.Specific Statutes of Limitation
           Ch. 3.Accrual of Cause of Action; Time From Which Limitation Period Runs
           Ch. 4.Tolling of Statute of Limitations: Nonresident Defendant
           Ch. 5.Tolling of Statute of Limitations: Concealment
           Ch. 6.Tolling of Statute of Limitations: Legal Disabilities
           Ch. 7.Survival of Cause of Action After Death of Party
           Ch. 8.Limitations on New Action After Failure of Original Suit
           Ch. 9.Acknowledgment, New Promise, and Partial Payment

 

IC 34-11-1Chapter 1. Statutes of Limitation Generally
           34-11-1-1Compilation of statutes of limitation not exhaustive
           34-11-1-2Cause of action arising on, before, or after September 1, 1982

 

IC 34-11-1-1Compilation of statutes of limitation not exhaustive

     Sec. 1. This article is not intended to be an exhaustive compilation of all statutes of limitation in the Indiana Code. In addition to the statutes of limitation that appear in this article, other statutes of limitation may appear outside this article.

[1998 Recodification Citation: New.]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-1-2Cause of action arising on, before, or after September 1, 1982

     Sec. 2. (a) A cause of action that:

(1) arises on or after September 1, 1982; and

(2) is not limited by any other statute;

must be brought within ten (10) years.

     (b) A cause of action that:

(1) arises before September 1, 1982; and

(2) is not limited by any other statute;

must be brought within fifteen (15) years.

     (c) This section does not apply whenever a different limitation is prescribed by statute.

[Pre-1998 Recodification Citation: 34-1-2-3.]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-2Chapter 2. Specific Statutes of Limitation
           34-11-2-1Employment related actions
           34-11-2-2Employment related action against the state of Indiana
           34-11-2-3Professional services related actions
           34-11-2-4Injury or forfeiture of penalty actions
           34-11-2-5Real property recovery actions
           34-11-2-6Sheriffs or public officers; actions growing out of liability incurred during official acts or omissions of duty
           34-11-2-7Six year limitation
           34-11-2-8Real property execution actions
           34-11-2-9Promissory notes, bills of exchange, or written contracts for payment of money
           34-11-2-10Enforcement of child support obligations
           34-11-2-10.5Employment related action by volunteer firefighter or member of volunteer emergency medical services association
           34-11-2-11Written contract actions
           34-11-2-11.5Recovery of certain costs
           34-11-2-12Satisfaction of judgment after expiration of 20 years
           34-11-2-13Foreign country judgment
           34-11-2-14Land surveys

 

IC 34-11-2-1Employment related actions

     Sec. 1. An action relating to the terms, conditions, and privileges of employment except actions based upon a written contract (including, but not limited to, hiring or the failure to hire, suspension, discharge, discipline, promotion, demotion, retirement, wages, or salary) must be brought within two (2) years of the date of the act or omission complained of.

[Pre-1998 Recodification Citation: 34-1-2-1.5(a).]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-2-2Employment related action against the state of Indiana

     Sec. 2. An action against the state of Indiana relating to the terms, conditions, and privileges of employment (including, but not limited to, hiring, suspension, discharge, discipline, promotion, demotion, retirement, wages, or salary) must be brought within two (2) years of the date of the act or omission complained of. This section does not:

(1) expand the time for initiating any action, including any available administrative remedies; or

(2) excuse the exhaustion of administrative remedies where required by the administrative orders and procedures law (IC 4-21.5).

[Pre-1998 Recodification Citation: 34-1-2-1.5(b).]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-2-3Professional services related actions

     Sec. 3. An action of any kind for damages, whether brought in contract or tort, based upon professional services rendered or which should have been rendered, may not be brought, commenced, or maintained, in any of the courts of Indiana against physicians, dentists, surgeons, hospitals, sanitariums, or others, unless the action is filed within two (2) years from the date of the act, omission, or neglect complained of.

[Pre-1998 Recodification Citation: 34-4-19-1.]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-2-4Injury or forfeiture of penalty actions

     Sec. 4. (a) An action for:

(1) injury to person or character;

(2) injury to personal property; or

(3) a forfeiture of penalty given by statute;

must be commenced within two (2) years after the cause of action accrues.

     (b) An action for injury to a person that results from the sexual abuse of a child must be commenced within the later of:

(1) seven (7) years after the cause of action accrues; or

(2) four (4) years after the person ceases to be a dependent of the person alleged to have performed the sexual abuse.

[Pre-1998 Recodification Citation: 34-1-2-2(1).]

As added by P.L.1-1998, SEC.6. Amended by P.L.44-2013, SEC.1.

 

IC 34-11-2-5Real property recovery actions

     Sec. 5. An action for the recovery of real property sold by executors, administrators, guardians, or commissioners of a court, upon a judgment, specifically directing the sale of property sought to be recovered, brought by a party to the judgment, the party's heirs, or any person claiming a title under a party, acquired after the date of the judgment, must be commenced within five (5) years after the sale is confirmed.

[Pre-1998 Recodification Citation: 34-1-2-2(4).]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-2-6Sheriffs or public officers; actions growing out of liability incurred during official acts or omissions of duty

     Sec. 6. An action against:

(A) a sheriff;

(B) another public officer; or

(C) the officer and the officer's sureties on a public bond;

growing out of a liability incurred by doing an act in an official capacity, or by the omission of an official duty, must be commenced within five (5) years after the cause of action accrues. However, an action may be commenced against the officer or the officer's legal representatives, for money collected in an official capacity and not paid over, at any time within six (6) years after the cause of action accrues.

[Pre-1998 Recodification Citation: 34-1-2-2(2).]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-2-7Six year limitation

     Sec. 7. The following actions must be commenced within six (6) years after the cause of action accrues:

(1) Actions on accounts and contracts not in writing.

(2) Actions for use, rents, and profits of real property.

(3) Actions for injuries to property other than personal property, damages for detention of personal property and for recovering possession of personal property.

(4) Actions for relief against frauds.

[Pre-1998 Recodification Citation: 34-1-2-1.]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-2-8Real property execution actions

     Sec. 8. An action for the recovery of real property sold on execution, brought by the execution debtor, the execution debtor's heirs, or any person claiming under the execution debtor by title acquired after the date of the judgment, must be commenced within six (6) years after the sale. However, an action described in this section must be commenced within ten (10) years after the sale, if the sale occurred before September 1, 1982.

[Pre-1998 Recodification Citation: 34-1-2-2(3).]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-2-9Promissory notes, bills of exchange, or written contracts for payment of money

     Sec. 9. An action upon promissory notes, bills of exchange, or other written contracts for the payment of money executed after August 31, 1982, must be commenced within six (6) years after the cause of action accrues. An action upon promissory notes, bills of exchange, and other written contracts for the payment of money executed on or after September 19, 1881, and before September 1, 1982, must be commenced within ten (10) years after the cause of action accrues. However, all contracts described in this section that have been executed before September 19, 1881, may be enforced within the time only as they have to run, before being barred under the law in effect at the time of their executions limiting the commencement of actions, and not afterward.

[Pre-1998 Recodification Citation: 34-1-2-2(5).]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-2-10Enforcement of child support obligations

     Sec. 10. An action to enforce a child support obligation must be commenced not later than ten (10) years after:

(1) the eighteenth birthday of the child; or

(2) the emancipation of the child;

whichever occurs first.

[Pre-1998 Recodification Citation: 34-1-2-1.6.]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-2-10.5Employment related action by volunteer firefighter or member of volunteer emergency medical services association

     Sec. 10.5. An action brought by a volunteer:

(1) firefighter; or

(2) member of a volunteer emergency medical services association connected with a unit of government as set forth in IC 16-31-5-1(6);

against the volunteer's political subdivision employer for being disciplined for being absent from employment while responding to an emergency must be commenced within one (1) year after the date of the disciplinary action, as provided in IC 36-8-12-10.5(g).

As added by P.L.43-2005, SEC.1. Amended by P.L.6-2012, SEC.221.

 

IC 34-11-2-11Written contract actions

     Sec. 11. An action upon contracts in writing other than those for the payment of money, and including all mortgages other than chattel mortgages, deeds of trust, judgments of courts of record, and for the recovery of the possession of real estate, must be commenced within ten (10) years after the cause of action accrues. However, an action upon contracts in writing other than those for the payment of money entered into before September 1, 1982, not including chattel mortgages, deeds of trust, judgments of courts of record, or for the recovery of the possession of real estate, must be commenced within twenty (20) years after the cause of action accrues.

[Pre-1998 Recodification Citation: 34-1-2-2(6).]

As added by P.L.1-1998, SEC.6. Amended by P.L.14-2000, SEC.69.

 

IC 34-11-2-11.5Recovery of certain costs

     Sec. 11.5. (a) As used in this chapter, "person" has the meaning set forth in IC 34-6-2-103(b).

     (b) Subject to subsections (c), (d), and (e), a person may seek to recover the following in an action brought on or after the effective date of this section under IC 13-30-9-2 or IC 13-23-13-8(b) to recover costs incurred for a removal action, a remedial action, or a corrective action:

(1) The costs incurred not more than ten (10) years before the date the action is brought, even if the person or any other person also incurred costs more than ten (10) years before the date the action is brought.

(2) The costs incurred on or after the date the action is brought.

     (c) Costs are eligible for recovery under subsection (b) regardless of whether any part of the costs is incurred before the effective date of this section.

     (d) This section does not permit a person to revive or raise new claims in an action brought under IC 13-30-9-2 or IC 13-23-13-8(b) that was finally adjudicated or settled before the effective date of this section.

     (e) Any person that brought an action under IC 13-30-9-2 or IC 13-23-13-8(b) that was not finally adjudicated or settled prior to the effective date of this section may not amend that action, or bring a new action, under this section.

As added by P.L.154-2011, SEC.4.

 

IC 34-11-2-12Satisfaction of judgment after expiration of 20 years

     Sec. 12. Every judgment and decree of any court of record of the United States, of Indiana, or of any other state shall be considered satisfied after the expiration of twenty (20) years.

[Pre-1998 Recodification Citation: 34-1-2-14.]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-2-13Foreign country judgment

     Sec. 13. An action to recognize a foreign country judgment must be commenced not later than the earlier of the following:

(1) The time during which the foreign country judgment is effective in the foreign country.

(2) Ten (10) years after the date the foreign country judgment became effective in the foreign country.

As added by P.L.213-2011, SEC.1.

 

IC 34-11-2-14Land surveys

     Sec. 14. (a) As used in this section, "survey" means the practice of surveying as defined in IC 25-21.5-1-7 or the work product of the practice of surveying.

     (b) An action to recover damages against a person who prepared a survey based on an alleged deficiency in the survey must be commenced not later than ten (10) years from the date the survey, plat, or other work product that resulted from the survey was delivered to the client.

As added by P.L.96-2015, SEC.1.

 

IC 34-11-3Chapter 3. Accrual of Cause of Action; Time From Which Limitation Period Runs
           34-11-3-1Mutual, open, and current accounts

 

IC 34-11-3-1Mutual, open, and current accounts

     Sec. 1. In an action brought to recover a balance due upon a mutual, open, and current account between the parties, the cause of action is considered to have accrued from the date of the last item proved in the account on either side.

[Pre-1998 Recodification Citation: 34-1-2-4.]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-4Chapter 4. Tolling of Statute of Limitations: Nonresident Defendant
           34-11-4-1Tolling of time while nonresident
           34-11-4-2Bar of cause of action is defense
           34-11-4-3Disabled persons or members of armed services

 

IC 34-11-4-1Tolling of time while nonresident

     Sec. 1. The time during which the defendant is a nonresident of the state is not computed in any of the periods of limitation except during such time as the defendant by law maintains in Indiana an agent for service of process or other person who, under the laws of Indiana, may be served with process as agent for the defendant.

[Pre-1998 Recodification Citation: 34-1-2-6(a).]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-4-2Bar of cause of action is defense

     Sec. 2. When:

(1) a cause of action arose outside of Indiana against a nonresident defendant;

(2) the defendant does not maintain an agent in Indiana for service of process or other person who, under the laws of Indiana, could be served with process as agent for the defendant; and

(3) the cause is fully barred by the laws both of the place where the defendant resides and of the place where the cause of action arose;

the bar of the cause of action under subdivision (3) is a defense.

[Pre-1998 Recodification Citation: 34-1-2-6(b).]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-4-3Disabled persons or members of armed services

     Sec. 3. This chapter shall not be construed to amend or alter present laws relating to the application of various statutes of limitations to persons under legal disabilities or to members of the armed services of the United States.

[Pre-1998 Recodification Citation: 34-1-2-6(c).]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-5Chapter 5. Tolling of Statute of Limitations: Concealment
           34-11-5-1Concealing cause of action

 

IC 34-11-5-1Concealing cause of action

     Sec. 1. If a person liable to an action conceals the fact from the knowledge of the person entitled to bring the action, the action may be brought at any time within the period of limitation after the discovery of the cause of action.

[Pre-1998 Recodification Citation: 34-1-2-9.]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-6Chapter 6. Tolling of Statute of Limitations: Legal Disabilities
           34-11-6-1Legal disabilities; accrual of action
           34-11-6-2No legal disability upon reaching age 18

 

IC 34-11-6-1Legal disabilities; accrual of action

     Sec. 1. A person who is under legal disabilities when the cause of action accrues may bring the action within two (2) years after the disability is removed.

[Pre-1998 Recodification Citation: 34-1-2-5.]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-6-2No legal disability upon reaching age 18

     Sec. 2. A contract, sale, release, or conveyance executed by a person after reaching the person's eighteenth birthday may not be avoided by the person on the grounds that, at the time the agreement was executed, the person was acting under a legal disability by reason of the person's age. A person who executes an agreement after reaching the person's eighteenth birthday may not assert legal disability by reason of age as a defense in an action to enforce a contract against the person.

[Pre-1998 Recodification Citation: 34-1-2-5.5.]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-7Chapter 7. Survival of Cause of Action After Death of Party
           34-11-7-1Death of parties; survival of action

 

IC 34-11-7-1Death of parties; survival of action

     Sec. 1. If any person entitled to bring, or liable to, any action, dies before the expiration of the time limited for the action, the cause of action:

(1) survives to or against the person's representatives; and

(2) may be brought at any time after the expiration of the time limited within eighteen (18) months after the death of the person.

[Pre-1998 Recodification Citation: 34-1-2-7.]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-8Chapter 8. Limitations on New Action After Failure of Original Suit
           34-11-8-0.2Application of certain amendments to prior law
           34-11-8-1New actions; continuation of action

 

IC 34-11-8-0.2Application of certain amendments to prior law

     Sec. 0.2. The amendments made to IC 34-1-2-8 (before its repeal, now codified at section 1 of this chapter) apply to causes of action that fail after June 30, 1993.

As added by P.L.220-2011, SEC.547.

 

IC 34-11-8-1New actions; continuation of action

     Sec. 1. (a) This section applies if a plaintiff commences an action and:

(1) the plaintiff fails in the action from any cause except negligence in the prosecution of the action;

(2) the action abates or is defeated by the death of a party; or

(3) a judgment is arrested or reversed on appeal.

     (b) If subsection (a) applies, a new action may be brought not later than the later of:

(1) three (3) years after the date of the determination under subsection (a); or

(2) the last date an action could have been commenced under the statute of limitations governing the original action;

and be considered a continuation of the original action commenced by the plaintiff.

[Pre-1998 Recodification Citation: 34-1-2-8.]

As added by P.L.1-1998, SEC.6. Amended by P.L.2-2005, SEC.113.

 

IC 34-11-9Chapter 9. Acknowledgment, New Promise, and Partial Payment
           34-11-9-1New or continuing contract
           34-11-9-2Joint contractor, executor, or administrator liability
           34-11-9-3Payment; endorsement or memorandum
           34-11-9-4Joint debtor or sureties; payment

 

IC 34-11-9-1New or continuing contract

     Sec. 1. An acknowledgment or promise is not evidence of a new or continuing contract, for the purpose of taking the case out of the operation of this article, unless the acknowledgment or promise is:

(1) in writing; and

(2) signed by the party to be charged by the acknowledgment or promise.

[Pre-1998 Recodification Citation: 34-1-2-10.]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-9-2Joint contractor, executor, or administrator liability

     Sec. 2. The acknowledgment or promise of one (1) joint contractor or executor or administrator does not render any other joint contractor, executor, or administrator liable under this chapter.

[Pre-1998 Recodification Citation: 34-1-2-11.]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-9-3Payment; endorsement or memorandum

     Sec. 3. This chapter does not take away or lessen the effect of any payment made by any person. However, no endorsement or memorandum of any payment made:

(1) upon any instrument of writing; and

(2) by or on behalf of the party to whom the payment is purported to be made;

is considered sufficient to exempt the case from this chapter.

[Pre-1998 Recodification Citation: 34-1-2-12.]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-9-4Joint debtor or sureties; payment

     Sec. 4. (a) This section applies to:

(1) a joint debtor; and

(2) the representatives of a joint debtor;

in whose favor the statute of limitations has operated.

     (b) A person described under subsection (a) is not liable to:

(1) a joint debtor or surety; or

(2) the representatives of a joint debtor or surety;

upon payment by the joint debtor or surety, or the representative of the debt, or any part of it.

[Pre-1998 Recodification Citation: 34-1-2-15.]

As added by P.L.1-1998, SEC.6.

 

IC 34-12ARTICLE 12. PROHIBITED CAUSES OF ACTION
           Ch. 1.Failure to Abort
           Ch. 2.Certain Domestic Relations Actions
           Ch. 3.Legal Actions Involving Firearms and Ammunition Manufacturers, Trade Associations, and Sellers

 

IC 34-12-1Chapter 1. Failure to Abort
           34-12-1-1Failure to abort; negligence action; damages

 

IC 34-12-1-1Failure to abort; negligence action; damages

     Sec. 1. A person may not maintain a cause of action or receive an award of damages on the person's behalf based on the claim that but for the negligent conduct of another, the person would have been aborted.

[Pre-1998 Recodification Citation: 34-1-1-11.]

As added by P.L.1-1998, SEC.7.

 

IC 34-12-2Chapter 2. Certain Domestic Relations Actions
           34-12-2-1Causes of action abolished
           34-12-2-2Certain causes of action not to arise within state
           34-12-2-3Filing or threatening to file abolished cause of action prohibited
           34-12-2-4Identifying corespondent or participant in divorce, separate maintenance, annulment, or custody action prohibited
           34-12-2-5Motion to make pleading or paper more specific
           34-12-2-6Questioning intended to elicit name of third persons prohibited
           34-12-2-7Compromise or settlement of abolished causes of action prohibited
           34-12-2-8Violations

 

IC 34-12-2-1Causes of action abolished

     Sec. 1. (a) The following civil causes of action are abolished:

(1) Breach of promise to marry.

(2) Alienation of affections.

(3) Criminal conversation.

(4) Seduction of any female person of at least eighteen (18) years of age.

     (b) This section does not affect a cause of action described in subsection (a) that accrued before June 10, 1935.

[Pre-1998 Recodification Citation: 34-4-4-1.]

As added by P.L.1-1998, SEC.7.

 

IC 34-12-2-2Certain causes of action not to arise within state

     Sec. 2. (a) No act done after June 10, 1935, within Indiana operates to give rise, either within or outside Indiana, to any of the causes of action abolished by this chapter.

     (b) No contract to marry that is made after June 10, 1935, within Indiana operates to give rise, either within or outside Indiana, to any cause of action for breach of contract or promise to marry.

     (c) The intent of this section is to fix the effect, status, and character of acts and contracts described in subsections (a) and (b) and to render them ineffective to support or give rise to any causes of action within or outside Indiana.

[Pre-1998 Recodification Citation: 34-4-4-2.]

As added by P.L.1-1998, SEC.7.

 

IC 34-12-2-3Filing or threatening to file abolished cause of action prohibited

     Sec. 3. It is unlawful after June 10, 1935, for any person, either as litigant or attorney, to:

(1) file;

(2) cause to be filed;

(3) threaten to file; or

(4) threaten to cause to be filed;

in any court in Indiana any pleading or paper setting forth or seeking to recover upon any cause of action abolished or barred by this chapter, whether the cause of action arose within or outside Indiana.

[Pre-1998 Recodification Citation: 34-4-4-3.]

As added by P.L.1-1998, SEC.7.

 

IC 34-12-2-4Identifying corespondent or participant in divorce, separate maintenance, annulment, or custody action prohibited

     Sec. 4. It is unlawful for any person, either as litigant or attorney, to file, cause to be filed, threaten to file, or threaten to cause to be filed in any court of Indiana, any pleading or paper naming or describing in such manner as to identify any person as corespondent or participant in misconduct of the adverse party in any:

(1) action for:

(A) divorce;

(B) separate maintenance;

(C) annulment of marriage; or

(D) custody or care of children; or

(2) citation or proceeding ancillary or subsequent to an action described in subdivision (1).

[Pre-1998 Recodification Citation: 34-4-4-4 part.]

As added by P.L.1-1998, SEC.7.

 

IC 34-12-2-5Motion to make pleading or paper more specific

     Sec. 5. (a) Except as provided in subsection (b), in cases described in section 4 of this chapter, it is sufficient for such pleader to designate any corespondent or third party in general language that is not sufficient for identification. The general language operates with the same legal effect as complete naming and identification of the person.

     (b) The adverse party may file a motion to make the pleading or paper more specific by stating the name, identity, or other facts. The granting of the motion, in whole or in part, rests in the sound discretion of the court, and, if ordered granted, the pleader shall amend the pleading or paper to set forth the information specifically required by the order, but no further.

[Pre-1998 Recodification Citation: 34-4-4-4 part.]

As added by P.L.1-1998, SEC.7.

 

IC 34-12-2-6Questioning intended to elicit name of third persons prohibited

     Sec. 6. (a) An attorney who appears in a proceeding described in section 4 of this chapter on behalf of a party to the proceeding who is asserting misconduct by the adverse party shall not ask of any witness any question intended or calculated to disclose the name or identity of any third person charged as corespondent or participant in the misconduct.

     (b) A party or witness testifying on behalf of a party asserting misconduct by the adverse party shall not name or identify any third person charged as a corespondent or participant in any such misconduct.

     (c) If the court in the exercise of a sound discretion so orders, counsel for any party charged with an act of misconduct with a third person may be permitted to cross-examine a witness who has testified to the act of misconduct concerning the identity of the third person. Within limits as the court may prescribe, the witness may answer the questions asked.

     (d) In all testimony in proceedings described in section 4 of this chapter, designation of the corespondent or other alleged participant in misconduct by general language not sufficient for identification operates with the same legal effect as complete identification.

     (e) The discretion vested in the court by this section shall be exercised in a manner to avoid injustice to litigants, while at the same time avoiding, so far as possible, the public revelation of the name or identity of the third person. To this end the court may impound pleadings or other documents in the case and hear testimony in chambers.

     (f) This section shall not be construed to change the grounds for divorce or impair the substantive rights of parties in cases described in this section. This section shall be construed to regulate pleading, practice, and testimony in cases described in this section so as to eliminate extortion and public scandal.

     (g) This section also applies to the taking of testimony by deposition or commission as to proceedings before the court.

     (h) Any willful violation of this section by any attorney, party, or witness constitutes a direct contempt of the court having jurisdiction of the proceeding in which the violation occurs, and may be punished by the court with a fine of not more than five hundred dollars ($500) as the court considers proper. However, if the adverse party intends to file a motion under section 5(b) of this chapter to make any pleading or paper more specific by stating the name, identity, or other fact descriptive of any corespondent or participant in misconduct of the adverse party in any action or proceeding described in section 4 of this chapter, any party who has given notice of the taking of a deposition shall be notified of this intention in writing before the time fixed for taking the deposition, and the notice may be served upon either the party or the party's attorney.

[Pre-1998 Recodification Citation: 34-4-4-5.]

As added by P.L.1-1998, SEC.7.

 

IC 34-12-2-7Compromise or settlement of abolished causes of action prohibited

     Sec. 7. (a) All contracts and instruments executed after June 10, 1935, within Indiana in payment, satisfaction, settlement, or compromise of any claim or cause of action abolished or barred by this chapter, whether the claim or cause of action arose within or outside Indiana, are declared to be contrary to the public policy of Indiana and void.

     (b) It is unlawful to cause, induce, or procure any person to:

(1) execute a contract or instrument described in subsection (a);

(2) cause, induce, or procure any person to give, pay, transfer, or deliver any money or thing of value in payment, satisfaction, settlement, or compromise of a claim or cause of action described in subsection (a); or

(3) receive, take, or accept any money or thing of value in payment, satisfaction, settlement, or compromise of a claim or cause of action described in subsection (a).

     (c) It is unlawful to commence or cause to be commenced, either as litigant or attorney, in any court of Indiana, any proceeding or action seeking to enforce or recover upon a contract or instrument described in subsection (a), knowing it to be void, whether the contract or instrument was executed within or outside Indiana.

     (d) This section does not apply to:

(1) the payment, satisfaction, settlement, or compromise of any:

(A) causes of action that are not abolished or barred by this chapter; or

(B) contracts or instruments executed before June 10, 1935; or

(2) the bona fide holder in due course of any negotiable instrument executed after June 10, 1935.

[Pre-1998 Recodification Citation: 34-4-4-7.]

As added by P.L.1-1998, SEC.7.

 

IC 34-12-2-8Violations

     Sec. 8. A person who knowingly violates section 3, 4, 5, or 7 of this chapter commits a Level 6 felony.

[Pre-1998 Recodification Citation: 34-4-4-8.]

As added by P.L.1-1998, SEC.7. Amended by P.L.158-2013, SEC.348.

 

IC 34-12-3Chapter 3. Legal Actions Involving Firearms and Ammunition Manufacturers, Trade Associations, and Sellers
           34-12-3-0.1Application of chapter
           34-12-3-1"Firearm"
           34-12-3-2"Person"
           34-12-3-3Prohibited actions
           34-12-3-4Fees and costs awarded for groundless actions
           34-12-3-5Allowable actions

 

IC 34-12-3-0.1Application of chapter

     Sec. 0.1. This chapter applies to actions filed before, after, or on April 18, 2001.

As added by P.L.220-2011, SEC.548. Amended by P.L.106-2015, SEC.1.

 

IC 34-12-3-1"Firearm"

     Sec. 1. As used in this chapter, "firearm" means any weapon:

(1) that is:

(A) capable of expelling; or

(B) designed to expel; or

(2) that may readily be converted to expel;

a projectile by means of an explosion.

As added by P.L.19-2001, SEC.1. Amended by P.L.106-2015, SEC.2.

 

IC 34-12-3-2"Person"

     Sec. 2. As used in this chapter, "person" means a human being, corporation, limited liability company, partnership, unincorporated association, or governmental entity.

As added by P.L.19-2001, SEC.1. Amended by P.L.114-2012, SEC.63; P.L.106-2015, SEC.3.

 

IC 34-12-3-3Prohibited actions

     Sec. 3. Except as provided in section 5(1) or 5(2) of this chapter, a person may not bring or maintain an action against a firearms or ammunition manufacturer, trade association, or seller for:

(1) recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful:

(A) design;

(B) manufacture;

(C) marketing; or

(D) sale;

of a firearm or ammunition for a firearm; or

(2) recovery of damages resulting from the criminal or unlawful misuse of a firearm or ammunition for a firearm by a third party.

As added by P.L.19-2001, SEC.1. Amended by P.L.80-2004, SEC.3; P.L.106-2015, SEC.4.

 

IC 34-12-3-4Fees and costs awarded for groundless actions

     Sec. 4. (a) If a court finds that a party has brought an action under a theory of recovery described in section 3(1) or 3(2) of this chapter, the finding constitutes conclusive evidence that the action is groundless. If a court makes a finding under this section, the court shall dismiss the claims or action and award to the defendant any reasonable attorney's fee and costs incurred in defending the claims or action.

     (b) If:

(1) a party has brought an action under a theory of recovery described in section 3(1) or 3(2) of this chapter;

(2) the action commenced on or before August 27, 1999; and

(3) the action is dismissed;

no award for attorney's fees or costs incurred shall issue to the plaintiff or the defendant.

As added by P.L.19-2001, SEC.1. Amended by P.L.106-2015, SEC.5.

 

IC 34-12-3-5Allowable actions

     Sec. 5. Nothing in this chapter may be construed to prohibit a person from bringing or maintaining an action against a firearms or ammunition manufacturer, trade association, or seller for recovery of damages for the following:

(1) Breach of contract or warranty concerning firearms or ammunition purchased by a person.

(2) Damage or harm to a person or to property owned or leased by a person caused by a defective firearm or ammunition.

(3) Injunctive relief to enforce a valid statute, rule, or ordinance. However, a person may not bring an action seeking injunctive relief if that action is barred under section 3 of this chapter.

As added by P.L.19-2001, SEC.1. Amended by P.L.80-2004, SEC.4; P.L.106-2015, SEC.6.

 

IC 34-13ARTICLE 13. CAUSES OF ACTION: CLAIMS AGAINST THE GOVERNMENT
           Ch. 1.Contract Claims Against the State
           Ch. 2.Contract Claims Against Public Employees
           Ch. 3.Tort Claims Against Governmental Entities and Public Employees
           Ch. 4.Civil Rights Claims Against Public Employees
           Ch. 5.Public Lawsuits for Testing Public Improvements of Municipal Corporations
           Ch. 6.Appeals From Actions of Municipalities
           Ch. 7.Commencement of Action Against Public Employees and Government Entities by Offender
           Ch. 8.Special Supplemental Relief
           Ch. 9.Religious Freedom Restoration

 

IC 34-13-1Chapter 1. Contract Claims Against the State
           34-13-1-0.2Application of certain amendments to prior law
           34-13-1-1Commencement of actions; limitations; trial by court
           34-13-1-2Repealed
           34-13-1-3Exemption from chapter
           34-13-1-4Attorney general; duties
           34-13-1-5Appeal to supreme court
           34-13-1-6Judgments against state; interest rate; appropriation to pay judgment
           34-13-1-7Counsel to assist attorney general

 

IC 34-13-1-0.2Application of certain amendments to prior law

     Sec. 0.2. (a) The amendments made to IC 34-4-16-6 (before its repeal, now codified at section 6 of this chapter) by P.L.149-1988 apply to the accrual of interest after June 30, 1988, on any part of a judgment that is unpaid after June 30, 1988, even if the judgment was rendered before July 1, 1988.

     (b) The amendments made to IC 34-4-16-6 (before its repeal, now codified at section 6 of this chapter) by P.L.208-1993 apply to the accrual of interest after December 31, 1993, on any part of a judgment that is unpaid after December 31, 1993, even if the judgment was rendered before January 1, 1994.

As added by P.L.220-2011, SEC.549.

 

IC 34-13-1-1Commencement of actions; limitations; trial by court

     Sec. 1. (a) Any person having a claim against the state arising out of an express or implied contract may bring suit within ten (10) years after accrual of the claim.

     (b) The claim brought under this section shall be tried to the court, not a jury.

[Pre-1998 Recodification Citation: 34-4-16-1.1.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-1-2Repealed

[Pre-1998 Recodification Citation: 34-4-16-1.2.]

As added by P.L.1-1998, SEC.8. Repealed by P.L.2-2005, SEC.131.

 

IC 34-13-1-3Exemption from chapter

     Sec. 3. This chapter does not authorize any person to bring suit against the state of Indiana upon any obligation described in Article 10, Section 7 of the Constitution of the state of Indiana.

[Pre-1998 Recodification Citation: 34-4-16-2.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-1-4Attorney general; duties

     Sec. 4. The attorney general, in person or by deputy, shall defend and represent the interests of the state in any action brought under this chapter (or IC 34-4-16 before its repeal).

[Pre-1998 Recodification Citation: 34-4-16-4.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-1-5Appeal to supreme court

     Sec. 5. In all actions against the state, either party may appeal directly to the supreme court, under the same rules, regulations, and restrictions that govern in cases of appeals from the circuit courts of this state to the supreme court of the state in civil causes, except that the state may appeal without bond.

[Pre-1998 Recodification Citation: 34-4-16-5.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-1-6Judgments against state; interest rate; appropriation to pay judgment

     Sec. 6. Whenever, by final decree or judgment, a sum of money is adjudged to be due any person from the state, an execution shall not issue but the judgment shall draw interest at an annual rate of six percent (6%) from the date of the adjournment of the next ensuing session of the general assembly until an appropriation is made by law for the payment and the judgment is paid.

[Pre-1998 Recodification Citation: 34-4-16-6(b).]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-1-7Counsel to assist attorney general

     Sec. 7. Whenever, in the opinion of the governor, the interests of the state require it, the governor may employ counsel to assist the attorney general in the defense of any suit brought against the state and may pay that counsel out of any funds at the governor's disposal appropriated for that purpose.

[Pre-1998 Recodification Citation: 34-4-16-7.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-2Chapter 2. Contract Claims Against Public Employees
           34-13-2-1Personal liability on contracts entered into within scope of employment
           34-13-2-2Defense of state employee for claims or suits arising out of contracts
           34-13-2-3Judgment or settlement as bar to action against employee; judgments for claims against employee acting within scope of employment; costs and fees

 

IC 34-13-2-1Personal liability on contracts entered into within scope of employment

     Sec. 1. A present or former public employee, including a member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity, is not personally liable on contracts entered into within the scope of the employee's employment for a governmental entity unless it is clearly otherwise indicated in writing.

[Pre-1998 Recodification Citation: 34-4-16.6-1 part.]

As added by P.L.1-1998, SEC.8. Amended by P.L.192-2001, SEC.1.

 

IC 34-13-2-2Defense of state employee for claims or suits arising out of contracts

     Sec. 2. If requested to do so, the attorney general shall defend a present or former state employee against any claim or suit brought against the state employee with regard to a contract entered into for the employee's governmental entity. The attorney general may employ other counsel to aid in defending or settling the claim or suit.

[Pre-1998 Recodification Citation: 34-4-16.6-2.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-2-3Judgment or settlement as bar to action against employee; judgments for claims against employee acting within scope of employment; costs and fees

     Sec. 3. (a) A judgment rendered with respect to or a settlement made by a governmental entity bars an action by the claimant against an employee whose conduct gave rise to the claim resulting in that judgment or settlement.

     (b) The governmental entity shall pay any judgment, compromise, or settlement of a claim or suit against an employee when:

(1) the act or omission causing the loss is within the scope of the employee's employment; and

(2) the:

(A) governor, in the case of a claim or suit against a state employee; or

(B) the governing body of the political subdivision, in the case of a claim or suit against an employee of a political subdivision;

determines that paying the judgment, compromise, or settlement is in the best interest of the governmental entity.

     (c) The governmental entity shall pay all costs and fees incurred by or on behalf of an employee in defense of a claim or suit for a loss occurring because of acts or omissions within the scope of the employee's employment, regardless of whether the employee can or cannot be held personally liable for the loss.

     (d) This chapter shall not be construed as:

(1) a waiver of the eleventh amendment to the Constitution of the United States;

(2) consent by the state of Indiana or its employees to be sued in any federal court; or

(3) consent to be sued in any state court beyond the boundaries of Indiana.

[Pre-1998 Recodification Citation: 34-4-16.6-3.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3Chapter 3. Tort Claims Against Governmental Entities and Public Employees
           34-13-3-0.1Application of certain amendments to chapter
           34-13-3-0.2Application of certain amendments to prior law
           34-13-3-1Applicability of chapter
           34-13-3-2Applicability of chapter to bureau of motor vehicles
           34-13-3-2.5Applicability of chapter to certain claims or suit in tort against a postsecondary educational institution
           34-13-3-3Immunity of governmental entity or employee
           34-13-3-4Limitation on aggregate liability; punitive damages prohibited
           34-13-3-5Actions against individual members not authorized; judgment against or settlement by governmental entity
           34-13-3-6Notice to attorney general and state agency involved
           34-13-3-7Administrative claim for inmate's recovery of property
           34-13-3-8Claims against political subdivisions; notice requirement
           34-13-3-9Incapacitated plaintiffs; notice requirement
           34-13-3-10Notice requirement; form of statement
           34-13-3-11Approval or denial of claim by government entity
           34-13-3-12Notice requirements; service
           34-13-3-13Denial of claim as prerequisite to suit
           34-13-3-14Compromise or settlement of claim by governor
           34-13-3-15Attorney general; powers and duties
           34-13-3-16Compromise or settlement of claim by political subdivision
           34-13-3-17Enforcement of judgments against governmental entities
           34-13-3-18Time for payment of claim or judgment; interest rate
           34-13-3-19Applicability of IC 34-13-3-18; settlement
           34-13-3-20Liability insurance; prohibitions
           34-13-3-21Attorney's fees; allowance to governmental entity; action for abuse of process
           34-13-3-22Persons or entities considered political subdivisions
           34-13-3-23Structured settlement; discharge; limits
           34-13-3-24Appropriations for payment of claims and expenses
           34-13-3-25Presentation of vouchers and issuance of warrants for appropriations

 

IC 34-13-3-0.1Application of certain amendments to chapter

     Sec. 0.1. The following amendments to this chapter apply as follows:

(1) The amendments made to section 3 of this chapter by P.L.250-2001 apply to a cause of action involving an extreme sport area that accrues after May 11, 2001, regardless of when the extreme sport area was developed.

(2) The amendments made to section 3 of this chapter by P.L.280-2001 apply only to a cause of action that accrues after June 30, 2001.

As added by P.L.220-2011, SEC.550.

 

IC 34-13-3-0.2Application of certain amendments to prior law

     Sec. 0.2. (a) The amendments made to IC 34-4-16.5-17 (before its repeal, now codified at section 18 of this chapter) by P.L.149-1988 apply to the accrual of interest after June 30, 1988, on any part of a judgment that is unpaid after June 30, 1988, even if the judgment was rendered before July 1, 1988.

     (b) The amendments made to IC 34-4-16.5-17 (before its repeal, now codified at section 18 of this chapter) by P.L.208-1993 apply to the accrual of interest after December 31, 1993, on any part of a judgment that is unpaid after December 31, 1993, even if the judgment was rendered before January 1, 1994.

As added by P.L.220-2011, SEC.551.

 

IC 34-13-3-1Applicability of chapter

     Sec. 1. (a) This chapter applies only to a claim or suit in tort.

     (b) The provisions of this chapter also apply to IC 34-30-14.

[Pre-1998 Recodification Citations: subsection (a) formerly 34-4-16.5-1; subsection (b) New.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-2Applicability of chapter to bureau of motor vehicles

     Sec. 2. This chapter applies to a claim or suit in tort against any of the following:

(1) A member of the bureau of motor vehicles commission board established under IC 9-14-9-2.

(2) An employee of the bureau of motor vehicles commission.

(3) A member of the driver education advisory board established by IC 9-27-6-5.

(4) An approved postsecondary educational institution (as defined in IC 21-7-13-6(a)(1)), or an association acting on behalf of an approved postsecondary educational institution, that:

(A) shares data with the commission for higher education under IC 21-12-12-1; and

(B) is named as a defendant in a claim or suit in tort based on any breach of the confidentiality of the data that occurs after the institution has transmitted the data in compliance with IC 21-12-12-1.

[Pre-1998 Recodification Citation: 34-4-16.5-1.5.]

As added by P.L.1-1998, SEC.8. Amended by P.L.145-2011, SEC.27; P.L.129-2016, SEC.1; P.L.198-2016, SEC.666.

 

IC 34-13-3-2.5Applicability of chapter to certain claims or suit in tort against a postsecondary educational institution

     Sec. 2.5. The addition of section 2(4) of this chapter by SEA 146-2016, SECTION 1, does not apply to a claim or suit in tort against a postsecondary educational institution if filed before March 30, 2016.

As added by P.L.129-2016, SEC.2.

 

IC 34-13-3-3Immunity of governmental entity or employee

     Sec. 3. A governmental entity or an employee acting within the scope of the employee's employment is not liable if a loss results from the following:

(1) The natural condition of unimproved property.

(2) The condition of a reservoir, dam, canal, conduit, drain, or similar structure when used by a person for a purpose that is not foreseeable.

(3) The temporary condition of a public thoroughfare or extreme sport area that results from weather.

(4) The condition of an unpaved road, trail, or footpath, the purpose of which is to provide access to a recreation or scenic area.

(5) The design, construction, control, operation, or normal condition of an extreme sport area, if all entrances to the extreme sport area are marked with:

(A) a set of rules governing the use of the extreme sport area;

(B) a warning concerning the hazards and dangers associated with the use of the extreme sport area; and

(C) a statement that the extreme sport area may be used only by persons operating extreme sport equipment.

This subdivision shall not be construed to relieve a governmental entity from liability for the continuing duty to maintain extreme sports areas in a reasonably safe condition.

(6) The initiation of a judicial or an administrative proceeding.

(7) The performance of a discretionary function; however, the provision of medical or optical care as provided in IC 34-6-2-38 shall be considered as a ministerial act.

(8) The adoption and enforcement of or failure to adopt or enforce:

(A) a law (including rules and regulations); or

(B) in the case of a public school or charter school, a policy;

unless the act of enforcement constitutes false arrest or false imprisonment.

(9) An act or omission performed in good faith and without malice under the apparent authority of a statute which is invalid if the employee would not have been liable had the statute been valid.

(10) The act or omission of anyone other than the governmental entity or the governmental entity's employee.

(11) The issuance, denial, suspension, or revocation of, or failure or refusal to issue, deny, suspend, or revoke any permit, license, certificate, approval, order, or similar authorization, where the authority is discretionary under the law.

(12) Failure to make an inspection, or making an inadequate or negligent inspection, of any property, other than the property of a governmental entity, to determine whether the property complied with or violates any law or contains a hazard to health or safety.

(13) Entry upon any property where the entry is expressly or impliedly authorized by law.

(14) Misrepresentation if unintentional.

(15) Theft by another person of money in the employee's official custody, unless the loss was sustained because of the employee's own negligent or wrongful act or omission.

(16) Injury to the property of a person under the jurisdiction and control of the department of correction if the person has not exhausted the administrative remedies and procedures provided by section 7 of this chapter.

(17) Injury to the person or property of a person under supervision of a governmental entity and who is:

(A) on probation; or

(B) assigned to an alcohol and drug services program under IC 12-23, a minimum security release program under IC 11-10-8, a pretrial conditional release program under IC 35-33-8, or a community corrections program under IC 11-12.

(18) Design of a highway (as defined in IC 9-13-2-73), toll road project (as defined in IC 8-15-2-4(4)), tollway (as defined in IC 8-15-3-7), or project (as defined in IC 8-15.7-2-14) if the claimed loss occurs at least twenty (20) years after the public highway, toll road project, tollway, or project was designed or substantially redesigned; except that this subdivision shall not be construed to relieve a responsible governmental entity from the continuing duty to provide and maintain public highways in a reasonably safe condition.

(19) Development, adoption, implementation, operation, maintenance, or use of an enhanced emergency communication system.

(20) Injury to a student or a student's property by an employee of a school corporation if the employee is acting reasonably under a:

(A) discipline policy adopted under IC 20-33-8-12; or

(B) restraint and seclusion plan adopted under IC 20-20-40-14.

(21) An act or omission performed in good faith under the apparent authority of a court order described in IC 35-46-1-15.1 or IC 35-46-1-15.3 that is invalid, including an arrest or imprisonment related to the enforcement of the court order, if the governmental entity or employee would not have been liable had the court order been valid.

(22) An act taken to investigate or remediate hazardous substances, petroleum, or other pollutants associated with a brownfield (as defined in IC 13-11-2-19.3) unless:

(A) the loss is a result of reckless conduct; or

(B) the governmental entity was responsible for the initial placement of the hazardous substances, petroleum, or other pollutants on the brownfield.

(23) The operation of an off-road vehicle (as defined in IC 14-8-2-185) by a nongovernmental employee, or by a governmental employee not acting within the scope of the employment of the employee, on a public highway in a county road system outside the corporate limits of a city or town, unless the loss is the result of an act or omission amounting to:

(A) gross negligence;

(B) willful or wanton misconduct; or

(C) intentional misconduct.

This subdivision shall not be construed to relieve a governmental entity from liability for the continuing duty to maintain highways in a reasonably safe condition for the operation of motor vehicles licensed by the bureau of motor vehicles for operation on public highways.

(24) Any act or omission rendered in connection with a request, investigation, assessment, or opinion provided under IC 36-9-28.7.

[Pre-1998 Recodification Citation: 34-4-16.5-3.]

As added by P.L.1-1998, SEC.8. Amended by P.L.142-1999, SEC.2; P.L.250-2001, SEC.6; P.L.280-2001, SEC.42; P.L.1-2002, SEC.144; P.L.161-2003, SEC.5; P.L.1-2005, SEC.218; P.L.208-2005, SEC.14; P.L.47-2006, SEC.48; P.L.121-2009, SEC.15; P.L.86-2010, SEC.10; P.L.125-2011, SEC.1; P.L.122-2013, SEC.2; P.L.220-2013, SEC.2; P.L.65-2016, SEC.21.

 

IC 34-13-3-4Limitation on aggregate liability; punitive damages prohibited

     Sec. 4. (a) The combined aggregate liability of all governmental entities and of all public employees, acting within the scope of their employment and not excluded from liability under section 3 of this chapter, does not exceed:

(1) for injury to or death of one (1) person in any one (1) occurrence:

(A) three hundred thousand dollars ($300,000) for a cause of action that accrues before January 1, 2006;

(B) five hundred thousand dollars ($500,000) for a cause of action that accrues on or after January 1, 2006, and before January 1, 2008; or

(C) seven hundred thousand dollars ($700,000) for a cause of action that accrues on or after January 1, 2008; and

(2) for injury to or death of all persons in that occurrence, five million dollars ($5,000,000).

     (b) A governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for punitive damages.

[Pre-1998 Recodification Citation: 34-4-16.5-4.]

As added by P.L.1-1998, SEC.8. Amended by P.L.108-2003, SEC.2; P.L.161-2003, SEC.6; P.L.97-2004, SEC.114.

 

IC 34-13-3-5Actions against individual members not authorized; judgment against or settlement by governmental entity

     Sec. 5. (a) Civil actions relating to acts taken by a board, a committee, a commission, an authority, or another instrumentality of a governmental entity may be brought only against the board, the committee, the commission, the authority, or the other instrumentality of a governmental entity. A member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity may not be named as a party in a civil suit that concerns the acts taken by a board, a committee, a commission, an authority, or another instrumentality of a governmental entity where the member was acting within the scope of the member's employment. For the purposes of this subsection, a member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity is acting within the scope of the member's employment when the member acts as a member of the board, committee, commission, authority, or other instrumentality.

     (b) A judgment rendered with respect to or a settlement made by a governmental entity bars an action by the claimant against an employee, including a member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity, whose conduct gave rise to the claim resulting in that judgment or settlement. A lawsuit alleging that an employee acted within the scope of the employee's employment bars an action by the claimant against the employee personally. However, if the governmental entity answers that the employee acted outside the scope of the employee's employment, the plaintiff may amend the complaint and sue the employee personally. An amendment to the complaint by the plaintiff under this subsection must be filed not later than one hundred eighty (180) days from the date the answer was filed and may be filed notwithstanding the fact that the statute of limitations has run.

     (c) A lawsuit filed against an employee personally must allege that an act or omission of the employee that causes a loss is:

(1) criminal;

(2) clearly outside the scope of the employee's employment;

(3) malicious;

(4) willful and wanton; or

(5) calculated to benefit the employee personally.

The complaint must contain a reasonable factual basis supporting the allegations.

     (d) This subsection applies when the governmental entity defends or has received proper legal notice and has the opportunity to defend an employee for losses resulting from the employee's acts or omissions. Subject to the provisions of sections 4, 14, 15, and 16 of this chapter, the governmental entity shall pay any judgment of a claim or suit against an employee when the act or omission causing the loss is within the scope of the employee's employment, regardless of whether the employee can or cannot be held personally liable for the loss.

     (e) The governmental entity shall provide counsel for and pay all costs and fees incurred by or on behalf of an employee in defense of a claim or suit for a loss occurring because of acts or omissions within the scope of the employee's employment, regardless of whether the employee can or cannot be held personally liable for the loss.

     (f) This chapter shall not be construed as:

(1) a waiver of the eleventh amendment to the Constitution of the United States;

(2) consent by the state of Indiana or its employees to be sued in any federal court; or

(3) consent to be sued in any state court beyond the boundaries of Indiana.

[Pre-1998 Recodification Citation: 34-4-16.5-5.]

As added by P.L.1-1998, SEC.8. Amended by P.L.192-2001, SEC.2; P.L.161-2003, SEC.7.

 

IC 34-13-3-6Notice to attorney general and state agency involved

     Sec. 6. (a) Except as provided in sections 7 and 9 of this chapter, a claim against the state is barred unless notice is filed with the attorney general or the state agency involved within two hundred seventy (270) days after the loss occurs. However, if notice to the state agency involved is filed with the wrong state agency, that error does not bar a claim if the claimant reasonably attempts to determine and serve notice on the right state agency.

     (b) The attorney general, by rule adopted under IC 4-22-2, shall prescribe a claim form to be used to file a notice under this section. The claim form must specify:

(1) the information required; and

(2) the period of time that a potential claimant has to file a claim.

     (c) Copies of the claim form prescribed under subsection (b) shall be available from each:

(1) state agency; and

(2) operator of a state vehicle.

[Pre-1998 Recodification Citation: 34-4-16.5-6.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-7Administrative claim for inmate's recovery of property

     Sec. 7. (a) An offender must file an administrative claim with the department of correction to recover compensation for the loss of the offender's personal property alleged to have occurred during the offender's confinement as a result of an act or omission of the department or any of its agents, former officers, employees, or contractors. A claim must be filed within one hundred eighty (180) days after the date of the alleged loss.

     (b) The department of correction shall evaluate each claim filed under subsection (a) and determine the amount due, if any. If the amount due is not more than five thousand dollars ($5,000), the department shall approve the claim for payment and recommend to the office of the attorney general payment under subsection (c). The department shall submit all claims in which the amount due exceeds five thousand dollars ($5,000), with any recommendation the department considers appropriate, to the office of the attorney general. The attorney general, in acting upon the claim, shall consider recommendations of the department to determine whether to deny the claim or recommend the claim to the governor for approval of payment.

     (c) Payment of claims under this section shall be made in the same manner as payment of claims under IC 34-4-16.5-22.

     (d) The department of correction shall adopt rules under IC 4-22-2 necessary to carry out this section.

[Pre-1998 Recodification Citations: 34-4-16.5-6.5(c); 34-4-16.5-6.5(d); 34-4-16.5-6.5(e); 34-4-16.5-6.5(f).]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-8Claims against political subdivisions; notice requirement

     Sec. 8. (a) Except as provided in section 9 of this chapter, a claim against a political subdivision is barred unless notice is filed with:

(1) the governing body of that political subdivision; and

(2) the Indiana political subdivision risk management commission created under IC 27-1-29;

within one hundred eighty (180) days after the loss occurs.

     (b) A claim against a political subdivision is not barred for failure to file notice with the Indiana political subdivision risk management commission created under IC 27-1-29-5 if the political subdivision was not a member of the political subdivision risk management fund established under IC 27-1-29-10 at the time the act or omission took place.

[Pre-1998 Recodification Citation: 34-4-16.5-7.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-9Incapacitated plaintiffs; notice requirement

     Sec. 9. If a person is incapacitated and cannot give notice as required in section 6 or 8 of this chapter, the person's claim is barred unless notice is filed within one hundred eighty (180) days after the incapacity is removed.

[Pre-1998 Recodification Citation: 34-4-16.5-8.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-10Notice requirement; form of statement

     Sec. 10. The notice required by sections 6, 8, and 9 of this chapter must describe in a short and plain statement the facts on which the claim is based. The statement must include the circumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved if known, the amount of the damages sought, and the residence of the person making the claim at the time of the loss and at the time of filing the notice.

[Pre-1998 Recodification Citation: 34-4-16.5-9.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-11Approval or denial of claim by government entity

     Sec. 11. Within ninety (90) days of the filing of a claim, the governmental entity shall notify the claimant in writing of its approval or denial of the claim. A claim is denied if the governmental entity fails to approve the claim in its entirety within ninety (90) days, unless the parties have reached a settlement before the expiration of that period.

[Pre-1998 Recodification Citation: 34-4-16.5-10.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-12Notice requirements; service

     Sec. 12. The notices required by sections 6, 8, 9, and 11 of this chapter must be in writing and must be delivered in person or by registered or certified mail.

[Pre-1998 Recodification Citation: 34-4-16.5-11.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-13Denial of claim as prerequisite to suit

     Sec. 13. A person may not initiate a suit against a governmental entity unless the person's claim has been denied in whole or in part.

[Pre-1998 Recodification Citation: 34-4-16.5-12.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-14Compromise or settlement of claim by governor

     Sec. 14. Except as provided in section 20 of this chapter, the governor may compromise or settle a claim or suit brought against the state or its employees.

[Pre-1998 Recodification Citation: 34-4-16.5-13.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-15Attorney general; powers and duties

     Sec. 15. Except as provided in section 20 of this chapter, the attorney general:

(1) shall advise the governor concerning the desirability of compromising or settling a claim or suit brought against the state or its employees;

(2) shall perfect a compromise or settlement which is made by the governor;

(3) shall submit to the governor on or before January 31 of each year a report concerning the status of each claim or suit pending against the state as of January 1 of that year; and

(4) shall defend, as chief counsel, the state and state employees as required under IC 4-6-2. However, the attorney general may employ other counsel to aid in defending or settling those claims or suits.

[Pre-1998 Recodification Citation: 34-4-16.5-14.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-16Compromise or settlement of claim by political subdivision

     Sec. 16. Except as provided in section 20 of this chapter, the governing body of a political subdivision may compromise, settle, or defend against a claim or suit brought against the political subdivision or its employees.

[Pre-1998 Recodification Citation: 34-4-16.5-15.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-17Enforcement of judgments against governmental entities

     Sec. 17. A court that has rendered a judgment against a governmental entity may order that governmental entity to:

(1) appropriate funds for the payment of the judgment if funds are available for that purpose; or

(2) levy and collect a tax to pay the judgment if there are insufficient funds available for that purpose.

[Pre-1998 Recodification Citation: 34-4-16.5-16.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-18Time for payment of claim or judgment; interest rate

     Sec. 18. (a) A claim or suit settled by, or a judgment rendered against, a governmental entity shall be paid by the governmental entity not later than one hundred eighty (180) days after the date of settlement or judgment, unless there is an appeal, in which case not later than one hundred eighty (180) days after a final decision is rendered.

     (b) If payment is not made within one hundred eighty (180) days after the date of settlement or judgment, the governmental entity is liable for interest from the date of settlement or judgment at an annual rate of six percent (6%). The governmental entity is liable for interest at that rate and from that date even if the case is appealed, provided the original judgment is upheld.

[Pre-1998 Recodification Citation: 34-4-16.5-17.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-19Applicability of IC 34-13-3-18; settlement

     Sec. 19. Section 18 of this chapter does not apply if there is a structured settlement under section 23 of this chapter.

[Pre-1998 Recodification Citation: 34-4-16.5-17.1.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-20Liability insurance; prohibitions

     Sec. 20. (a) A political subdivision may purchase insurance to cover the liability of itself or its employees, including a member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity. Any liability insurance so purchased shall be purchased by invitation to and negotiation with providers of insurance and may be purchased with other types of insurance. If such a policy is purchased, the terms of the policy govern the rights and obligations of the political subdivision and the insurer with respect to the investigation, settlement, and defense of claims or suits brought against the political subdivision or its employees covered by the policy. However, the insurer may not enter into a settlement for an amount that exceeds the insurance coverage without the approval of the mayor, if the claim or suit is against a city, or the governing body of any other political subdivision, if the claim or suit is against such political subdivision.

     (b) The state may purchase insurance to cover the cyber liability of itself or its employees, including a member of a board, a committee, a commission, an authority, or another instrumentality of the state. Any liability insurance so purchased shall be purchased by invitation to and negotiation with providers of insurance and may be purchased with other types of insurance. If such a policy is purchased, the terms of the policy govern the rights and obligations of the state and the insurer with respect to the investigation, settlement, and defense of claims or suits brought against the state or state employees covered by the policy. However, the insurer may not enter into a settlement for an amount that exceeds the insurance coverage without the approval of the governor.

     (c) The state may not purchase insurance to cover the liability of the state or its employees. This subsection does not prohibit any of the following:

(1) The requiring of contractors to carry insurance.

(2) The purchase of insurance to cover losses occurring on real property owned by:

(A) the Indiana public retirement system; or

(B) a public pension and retirement fund administered by the Indiana public retirement system.

(3) The purchase of insurance by a separate body corporate and politic to cover the liability of itself or its employees.

(4) The purchase of casualty and liability insurance for foster parents (as defined in IC 27-1-30-4) on a group basis.

(5) A purchase of cyber liability insurance under subsection (b).

[Pre-1998 Recodification Citation: 34-4-16.5-18.]

As added by P.L.1-1998, SEC.8. Amended by P.L.192-2001, SEC.3; P.L.35-2012, SEC.106; P.L.148-2017, SEC.21.

 

IC 34-13-3-21Attorney's fees; allowance to governmental entity; action for abuse of process

     Sec. 21. In any action brought against a governmental entity in tort, the court may allow attorney's fees as part of the costs to the governmental entity prevailing as defendant, if the court finds that plaintiff:

(1) brought the action on a claim that is frivolous, unreasonable, or groundless;

(2) continued to litigate the action after plaintiff's claim clearly became frivolous, unreasonable, or groundless; or

(3) litigated its action in bad faith.

This award of fees does not prevent a governmental entity from bringing an action against the plaintiff for abuse of process arising in whole or in part on the same facts, but the defendant may not recover such attorney's fees twice.

[Pre-1998 Recodification Citation: 34-4-16.5-19.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-22Persons or entities considered political subdivisions

     Sec. 22. (a) For purposes of this chapter, the following shall be treated as political subdivisions:

(1) A community action agency (as defined in IC 12-14-23-2).

(2) An individual or corporation rendering public transportation services under a contract with a commuter transportation district created under IC 8-5-15.

(3) A volunteer fire department (as defined in IC 36-8-12-2) that is acting under:

(A) a contract with a unit or a fire protection district; or

(B) IC 36-8-17.

     (b) The treatment provided for under subsection (a)(2) shall be accorded only in relation to a loss that occurs in the course of rendering public transportation services under contract with a commuter transportation district.

[Pre-1998 Recodification Citation: 34-4-16.5-20.]

As added by P.L.1-1998, SEC.8. Amended by P.L.1-1999, SEC.68.

 

IC 34-13-3-23Structured settlement; discharge; limits

     Sec. 23. (a) With the consent of the claimant, a political subdivision may compromise or settle a claim or suit by means of a structured settlement under this section.

     (b) A political subdivision may discharge settlement of a claim or suit brought under this chapter by:

(1) an agreement requiring periodic payments by the political subdivision over a specified number of years;

(2) the purchase of an annuity;

(3) by making a "qualified assignment" of the liability of the political subdivision as defined by the provisions of 26 U.S.C. 130(c);

(4) payment in a lump sum; or

(5) any combination of subdivisions (1) through (4).

     (c) The present value of a structured settlement shall not exceed the statutory limits set forth in section 4 of this chapter; however, the periodic or annuity payments may exceed these statutory limits. The present value of any periodic payments may be determined by discounting the periodic payments by the same percentage as that found in Moody's Corporate Bond Yield Average Monthly Average Corporates, as published by Moody's Investors Service, Incorporated.

[Pre-1998 Recodification Citation: 34-4-16.5-21.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-24Appropriations for payment of claims and expenses

     Sec. 24. There is appropriated from the state general fund sufficient funds to:

(1) settle claims and satisfy tort judgments obtained against the state; and

(2) pay expenses authorized by this chapter, including:

(A) liability insurance premiums;

(B) interest on claims and judgments; and

(C) expenses incurred by the attorney general in employing other counsel to aid in defending or settling claims or civil actions against the state.

[Pre-1998 Recodification Citation: 34-4-16.5-22(a).]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-3-25Presentation of vouchers and issuance of warrants for appropriations

     Sec. 25. The attorney general shall present vouchers for the items or expenses described in section 24 of this chapter to the auditor of state. The auditor shall issue warrants on the treasury for the amounts presented.

[Pre-1998 Recodification Citation: 34-4-16.5-22(b).]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-4Chapter 4. Civil Rights Claims Against Public Employees
           34-13-4-1Personal civil liability under civil rights laws of employee acting within scope of employment
           34-13-4-2Defending state employee for claims or suits arising under civil rights laws
           34-13-4-3Chapter as not waiving eleventh amendment
           34-13-4-4Attorney's fees; allowance to governmental entity; action for abuse of process

 

IC 34-13-4-1Personal civil liability under civil rights laws of employee acting within scope of employment

     Sec. 1. If a present or former public employee, including a member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity, is or could be subject to personal civil liability for a loss occurring because of a noncriminal act or omission within the scope of the public employee's employment which violates the civil rights laws of the United States, the governmental entity (when the governmental entity defends or has the opportunity to defend the public employee) shall, subject to IC 34-13-3-4, IC 34-13-3-14, IC 34-13-3-15, and IC 34-13-3-16, pay:

(1) any judgment (other than for punitive damages) of the claim or suit; or

(2) any judgment for punitive damages, compromise, or settlement of the claim or suit if:

(A) the governor, in the case of a claim or suit against a state employee; or

(B) the governing body of the political subdivision, in the case of a claim or suit against an employee of a political subdivision;

determines that paying the judgment for punitive damages, compromise, or settlement is in the best interest of the governmental entity. The governmental entity shall also pay all costs and fees incurred by or on behalf of a public employee in defense of the claim or suit.

[Pre-1998 Recodification Citation: 34-4-16.7-1 part.]

As added by P.L.1-1998, SEC.8. Amended by P.L.192-2001, SEC.4; P.L.161-2003, SEC.8.

 

IC 34-13-4-2Defending state employee for claims or suits arising under civil rights laws

     Sec. 2. If requested to do so, the attorney general shall defend a present or former state employee against a claim or suit under section 1 of this chapter. The attorney general may employ other counsel to aid in defending or settling the claim or suit.

[Pre-1998 Recodification Citation: 34-4-16.7-2.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-4-3Chapter as not waiving eleventh amendment

     Sec. 3. This chapter shall not be construed as:

(1) a waiver of the eleventh amendment to the Constitution of the United States;

(2) consent by the state of Indiana or its employees to be sued in any federal court; or

(3) consent to be sued in any state court beyond the boundaries of Indiana.

[Pre-1998 Recodification Citation: 34-4-16.7-3.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-4-4Attorney's fees; allowance to governmental entity; action for abuse of process

     Sec. 4. In any action brought against a governmental entity under civil rights laws of the United States, the court may allow attorney's fees as part of the costs to the governmental entity prevailing as defendant if it finds that plaintiff:

(1) brought the action on a claim that is frivolous, unreasonable, or groundless;

(2) continued to litigate the action after plaintiff's claim clearly became frivolous, unreasonable, or groundless; or

(3) litigated its action in bad faith.

This award of fees does not prevent a governmental entity from bringing an action against the plaintiff for abuse of process arising in whole or in part on the same facts, but the defendant may not recover attorney's fees twice.

[Pre-1998 Recodification Citation: 34-4-16.7-4.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-5Chapter 5. Public Lawsuits for Testing Public Improvements of Municipal Corporations
           34-13-5-1Exclusive applicability of chapter
           34-13-5-2Plaintiff; class actions; right of intervention
           34-13-5-3Trial procedure
           34-13-5-4Change of venue
           34-13-5-5Appointment of special judge
           34-13-5-6Special reporter
           34-13-5-7Interlocutory hearing
           34-13-5-8Appeals
           34-13-5-9Extensions of time; advance of trial or appeal
           34-13-5-10Jurisdiction of trial court
           34-13-5-11Exhaustion of administrative remedies required before bringing public lawsuit
           34-13-5-12Matters to be heard in public hearing

 

IC 34-13-5-1Exclusive applicability of chapter

     Sec. 1. All public lawsuits shall be brought solely in conformity with and governed by the provisions of this chapter.

[Pre-1998 Recodification Citation: 34-4-17-2.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-5-2Plaintiff; class actions; right of intervention

     Sec. 2. (a) Plaintiffs in a public lawsuit may sue in their capacity either as citizens or taxpayers of the municipal corporation.

     (b) A public lawsuit described in subsection (a) is a class suit (whether captioned as such or not), subject to the rights of intervention, the addition of parties, and the addition of other representatives of the same class, as is provided by law in other civil actions. Special appearances may be made in situations permitted by applicable law.

[Pre-1998 Recodification Citation: 34-4-17-3.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-5-3Trial procedure

     Sec. 3. The procedure in the trial court governing trial of the public lawsuit is the same as in other civil cases. When possible, the hearing on any interlocutory order shall be consolidated with the hearing on all other justiciable issues.

[Pre-1998 Recodification Citation: 34-4-17-4(a).]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-5-4Change of venue

     Sec. 4. A change of venue from the judge may be permitted, but no change from the county may be permitted. When a change from the judge has been requested in accordance with the time limits prescribed by law, the affidavit or motion for the change shall be immediately certified to the supreme court:

(1) by the clerk of the trial court; or

(2) upon the failure of the clerk to act promptly, by verified copy of the motion presented to the supreme court by the moving party.

[Pre-1998 Recodification Citation: 34-4-17-4(b).]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-5-5Appointment of special judge

     Sec. 5. (a) The rules regarding the selection of a special judge in civil cases do not apply. The supreme court shall appoint the special judge in a public lawsuit.

     (b) A special judge is not required to reside in the county in which the case is pending or in any adjoining county.

     (c) A special judge may be a regular judge of any circuit, superior, criminal, probate, juvenile, or other lower court of Indiana, any member of the Indiana bar, or any member of the court of appeals or the supreme court where the appointment can be validly made.

[Pre-1998 Recodification Citation: 34-4-17-4(c).]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-5-6Special reporter

     Sec. 6. To expedite the trial of the case, either party may apply to the court for the appointment of a special reporter or firm of reporters to be the court reporter for the public lawsuit which the court may in its discretion approve. The moving party shall pay the cost, which may not be taxed as costs of the action.

[Pre-1998 Recodification Citation: 34-4-17-4(d).]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-5-7Interlocutory hearing

     Sec. 7. (a) At any time before the final hearing in a public lawsuit, the defendant may petition for an order of the court that the cause be dismissed unless the plaintiff posts a bond with surety to be approved by the court. The bond must be payable to the defendant for the payment of all damages and costs that may accrue by reason of the filing of the lawsuit if the defendant prevails.

     (b) A hearing shall be held on a petition described in subsection (a) in the same manner as the hearing on temporary injunctions under IC 34-26-1. If, at the hearing, the court determines that the plaintiff cannot establish facts that would entitle the plaintiff to a temporary injunction, the court shall set the amount of bond to be filed by the plaintiff in an amount found by the judge to cover all damage and costs that may accrue to the defendants by reason of the pendency of the public lawsuit in the event the defendant prevails.

     (c) If the plaintiff does not file a bond with sureties approved by the court within ten (10) days after the order to do so is entered, the suit shall be dismissed.

     (d) Either plaintiff or defendant may appeal an order to post or deny bond to the Indiana supreme court within ten (10) days by notice of appeal and a statement of error in the same manner as is provided in a petition for mandate or prohibition. The supreme court may:

(1) stay the lower court order pending its own decision;

(2) set a bond to be filed by the plaintiff;

(3) modify the order of the lower court; or

(4) enter its order as a final order in a case.

     (e) If no bond is filed as provided in this section:

(1) the public lawsuit shall be dismissed; and

(2) no court has further jurisdiction of the public lawsuit or any other public lawsuit involving any issue that was or could have been raised.

     (f) This section does not create, nor shall it be construed as creating, any additional cause of action on the part of any municipal corporation, person, partnership, limited liability company, or corporation, unless the defendant is required to and does post bond.

[Pre-1998 Recodification Citation: 34-4-17-5.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-5-8Appeals

     Sec. 8. Appeals from any final judgment in a public lawsuit shall be governed by, and taken in the same manner and with the same time limits, as appeals from interlocutory orders of a circuit or superior court under applicable law.

[Pre-1998 Recodification Citation: 34-4-17-6.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-5-9Extensions of time; advance of trial or appeal

     Sec. 9. Extensions of time, both in the trial court and in the Indiana supreme court, shall be granted only in extreme cases. The trial of a public lawsuit and the hearing of any appeal shall be advanced by the trial court and by the Indiana supreme court respectively, without request of either party, as expeditiously as is reasonably possible.

[Pre-1998 Recodification Citation: 34-4-17-7.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-5-10Jurisdiction of trial court

     Sec. 10. (a) A public lawsuit may not be brought, and no trial court has jurisdiction of any public lawsuit that is brought:

(1) more than ten (10) days after the first publication required by law for the sale of bonds of a municipal corporation; or

(2) in the case of a lease under IC 20-47-2, more than ten (10) days after the first publication of notice by any school building corporation for the sale of its bonds;

but in no case later than the time limited for bringing suit under applicable law.

     (b) After a public lawsuit is commenced, no other lawsuit relating to the same subject matter may be commenced, and no trial court has jurisdiction of any subsequent lawsuit. No action may be brought except as provided in this chapter if it could have been the subject of a public lawsuit. This chapter does not diminish any right of intervention of any person, or the right of any person to become a named party in the public lawsuit.

     (c) This section shall not be construed to extend any existing statute of limitations on the bringing of any lawsuit.

[Pre-1998 Recodification Citation: 34-4-17-8(a).]

As added by P.L.1-1998, SEC.8. Amended by P.L.2-2006, SEC.184.

 

IC 34-13-5-11Exhaustion of administrative remedies required before bringing public lawsuit

     Sec. 11. As a condition precedent to bringing any public lawsuit, a plaintiff must first exhaust all the administrative remedies available to the plaintiff under applicable law, including but not limited to the filing of a remonstrance where the issues raised could have been raised by the filing under applicable law. No plaintiff may commence a public lawsuit or be named as a party in the lawsuit unless one (1) of the plaintiffs has complied with this section.

[Pre-1998 Recodification Citation: 34-4-17-8(b).]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-5-12Matters to be heard in public hearing

     Sec. 12. Where:

(1) as a condition precedent to the construction, financing, or leasing of a public improvement, the municipal corporation is required to hold a public hearing preceded by public notice; and

(2) the hearing is held and the notice is given in accordance with applicable law;

the plaintiff in a public lawsuit is not entitled to raise any issue in the public lawsuit that the plaintiff could have but did not raise at the hearing. Any matters or issues relating to any procedural matters that were not raised and could have been redone or corrected following the hearing are declared to be irregularities and not jurisdictional to the power of the municipal corporation or its governing body in connection with the construction, financing, or leasing.

[Pre-1998 Recodification Citation: 34-4-17-8(c).]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-6Chapter 6. Appeals From Actions of Municipalities
           34-13-6-1Complaint; filing; contents
           34-13-6-2Pleading; motions to dismiss complaint or appeal
           34-13-6-3Consolidation of appeals; separate trial
           34-13-6-4Trial of appeals; scope of review; disposition
           34-13-6-5Findings of court; judgment; costs; damages; assessment of benefits
           34-13-6-6Change of venue or judge; rehearing; supreme court appeal; procedure
           34-13-6-7Increase in damages or reduction in assessment of benefits; liability of city; costs of appeal
           34-13-6-8Priority of appeal

 

IC 34-13-6-1Complaint; filing; contents

     Sec. 1. (a) An appeal allowed by statute from any action or decision of:

(1) a board of a city;

(2) the legislative body of a city if it performs the functions of a board; or

(3) the legislative body of a town;

shall be filed as an original complaint against the city or town in the circuit or superior court of the county in which the municipality is located.

     (b) The complaint on appeal must be filed not later than thirty (30) days after the date of the action or decision complained of, and one (1) or more parties appealing may join in the same complaint.

     (c) The appeal may not be taken by transcript.

     (d) The complaint on appeal must contain the following:

(1) The title of the cause, specifying the name of the court and the county in which the appeal is filed.

(2) Whether it is an appeal from a board or body.

(3) The name of every party plaintiff to the appeal. The municipality must be named as the only defendant. Neither the board, the body, nor the individual members of the board or body may be made parties defendant to the complaint.

(4) A statement:

(A) of the facts constituting the cause of appeal, showing the nature of the proceedings in which and the date on which the action or decision complained of was taken; and

(B) if a statute controlling the proceeding requires, that a remonstrance in writing was filed by the plaintiff with the board or body as prescribed by statute, setting out a copy of the remonstrance and showing the date on which the remonstrance was filed.

(5) A description of each lot or tract of land or other property owned or controlled by the party or parties appealing and the amount of the award of damages or the amount of the assessment of benefits complained of for each lot or tract of land or other property described in the complaint, including the action or decision of the board or body concerning the award or assessment.

(6) If an appeal authorized by statute from an action or decision of a board or body does not involve or is not limited to the question of the amount of the award of damages or the assessment of benefits, a specific allegation of the action or decision that causes the party to complain.

(7) A demand for the relief to which the plaintiff believes the plaintiff is entitled, stating when the plaintiff became involved and the amount of damages that should be awarded or the amount of benefits that should be assessed to or against each particular lot or tract of land or other property described in the complaint.

[Pre-1998 Recodification Citation: 34-4-17.5-1.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-6-2Pleading; motions to dismiss complaint or appeal

     Sec. 2. A pleading is not required by the municipality to the complaint on appeal since the allegations of the complaint are considered to be denied. The municipality may file a motion to dismiss the complaint by presenting any question of law regarding the sufficiency of the complaint on its face. The municipality may also file a motion to dismiss the appeal:

(1) on the ground that the complaint was not filed within the time prescribed by law; or

(2) on any other jurisdictional ground affecting the subject matter or the parties.

[Pre-1998 Recodification Citation: 34-4-17.5-2.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-6-3Consolidation of appeals; separate trial

     Sec. 3. (a) If more than one (1) appeal is taken from a proceeding and the appeals are filed in the same or different courts, any party to an appeal may file in the court a motion stating that justice will be best served by consolidating the appeals. The party shall serve notice of the motion on the adverse party or the attorney of record.

     (b) If the court in which the motion is filed decides that justice will be best served by the consolidation, the court shall order all of the appeals consolidated. The appeals shall be heard at the same time by the court, and different appeals pending in different courts may all be transferred to one (1) court for the purpose of consolidation or trial. The court may hear all appeals at the same time either with or without consolidation. However, if any party appealing or the municipality objects to consolidation, they have the right to a separate trial of each appeal.

[Pre-1998 Recodification Citation: 34-4-17.5-3.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-6-4Trial of appeals; scope of review; disposition

     Sec. 4. (a) The decisions of the board or council appealed from are conclusive on all parties except the party appealing. The decision appealed from is considered prima facie correct and the burden of proof in all appeals is on the party appealing.

     (b) All appeals shall be tried by the court without the intervention of a jury. The court shall try and hear de novo the issues of the action or decision of the board or council presented by written remonstrance or as otherwise provided by statute and raised by the appeals.

     (c) The:

(1) method of arriving at the action or decision of the board or council in making an award of damages or assessment of benefits; and

(2) any issues not authorized by the statute to be made before the board or council, and appealed from;

may not be reviewed, considered, or adjudged by the court on appeal.

     (d) The amount of benefits assessed or the damages awarded affecting any property, other than the property and the separate assessments or awards on them involved in each instance in a proceeding by a board or council from which an appeal is taken, may not be considered by the court on appeal.

     (e) The court:

(1) may, on its own motion; and

(2) shall, on the motion of either party;

view and inspect any district, land, and property affected, damaged, benefited, or appropriated, including the work or thing proposed or done.

     (f) The court, according to the particular statute allowing the appeal as the statute permits or prescribes the matters that may be considered, may set aside, affirm, lower, or increase an award, damages, or assessment of benefits as the court considers just and then order that action. The court also may affirm, reverse, or modify, in whole or in part, the action or decision of the board or council appealed from. The order and judgment of the court is conclusive upon all parties, and no appeal lies except upon questions affecting the jurisdiction of the court.

[Pre-1998 Recodification Citation: 34-4-17.5-4.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-6-5Findings of court; judgment; costs; damages; assessment of benefits

     Sec. 5. (a) If the court finds that the action or decision of the board or council appealed from should in all things be affirmed, its judgment must state that, naming the board or council and the proceedings in which the appeal is taken. Judgment for costs shall then be rendered against the party appealing.

     (b) If the court finds that the action or decision of the board or council appealed from should not be affirmed in all things, then the court shall make a general finding, setting out, however, sufficient facts to show the nature of the proceeding and the court's decision on it. The court shall then render judgment on all matters properly involved in the appeal, adjudging specifically the amount of the award of damages or the amount of the assessment of benefits found by the court to be due to each lot, parcel, or description or property involved in the appeal and adjudging that the award or assessment is payable as provided by statute.

     (c) The court shall render judgment on other matters involved where the particular appeal allowed by a statute does not relate to the award of damages or the assessment of benefits.

     (d) The court shall also render judgment on the costs of the appeal as the facts and law require.

     (e) If the appeal involves the amount of an award of damages or the amount of an assessment of benefits, or both, the court shall include an order, if appropriate, for the issuance of a certificate of damages, bearing legal interest from the date of issuance, to the person entitled to it upon all the terms and conditions that are provided by the applicable statute. If the appeal involves benefits, the court shall permit the assessment of benefits to be paid in full, or a written waiver may be executed and filed for paying it in ten (10) annual installments, with legal interest payable, and upon all other terms and conditions that are provided by the applicable statute. All of this must be done within thirty (30) days after the date on which the clerk of the court certifies the order and judgment for transmission to the board or council. If an assessment of benefits is not paid or a waiver executed and filed as provided before the expiration of the thirty (30) day period, the assessment becomes delinquent and is subject to all penalties and to collection as is provided by the applicable statute.

[Pre-1998 Recodification Citation: 34-4-17.5-5.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-6-6Change of venue or judge; rehearing; supreme court appeal; procedure

     Sec. 6. A change of venue from the county is not allowed in the appeal, but a change of judge shall be allowed as provided for civil actions. A petition for rehearing may be filed by any party within fifteen (15) days after the decision, order, and judgment of the court. Pending that time and until a petition so filed is ruled upon, the order and judgment of the court may be certified to the board or council. At the time of ruling upon a petition, the court may grant time for filing an appeal bond and special bills of exceptions embracing as much of the record as is necessary to present fully any questions. The appeal must be fully perfected within sixty (60) days from the final ruling and action of the court upon the petition for a rehearing and shall be taken direct to the supreme court of Indiana, where it shall be placed upon the advance calendar of the court. The rules of trial procedure govern in all matters of procedure not otherwise provided for by this chapter.

[Pre-1998 Recodification Citation: 34-4-17.5-6.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-6-7Increase in damages or reduction in assessment of benefits; liability of city; costs of appeal

     Sec. 7. (a) If on appeal:

(1) the amount of an award of damages is increased; or

(2) the amount of an assessment of benefits is reduced;

the municipality is liable to the plaintiff for the increase in the award of damages and is liable to the party entitled to them for a reduction in the assessment of benefits.

     (b) The amounts, costs, and expense, if the appeal is taken from the board of public works or the board of public works and safety, shall be paid by the board out of funds appropriated by the common council or city-county council for that purpose, or as otherwise provided by statute.

     (c) The council shall make all necessary appropriations as provided by statute to enable the board to make all payments required by this chapter, if not otherwise provided by statute and available for these purposes.

     (d) If the appeal is taken from the board of park commissioners of a city, then the amounts, costs, and expenses shall be paid by the board out of its general fund, or as otherwise provided by statute.

     (e) If the appeal is taken from the legislative body, other body, or an official of a municipality, the amounts required to comply with the court's order and judgment shall be appropriated and paid in any manner authorized by statute.

[Pre-1998 Recodification Citation: 34-4-17.5-7.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-6-8Priority of appeal

     Sec. 8. An appeal takes precedence over other pending litigation and shall be tried and determined by the court at as early a date as practical.

[Pre-1998 Recodification Citation: 34-4-17.5-8.]

As added by P.L.1-1998, SEC.8.

 

IC 34-13-7Chapter 7. Commencement of Action Against Public Employees and Government Entities by Offender
           34-13-7-1Required submissions by an offender bringing an action against public employees and governmental entities

 

IC 34-13-7-1Required submissions by an offender bringing an action against public employees and governmental entities

     Sec. 1. (a) In addition to any other requirements under law, before filing a civil rights action or tort claim action against a public employee or government entity, an offender must submit to the trial court:

(1) a copy of the complaint the offender wishes to file;

(2) a list of all cases previously filed by the offender involving the same, similar, or related cause of actions; and

(3) a copy of all relevant documents pertaining to the ultimate disposition of each previous case filed by the offender against any of the same defendants in a state or federal court. The relevant documents include:

(A) the complaint;

(B) any motions to dismiss or motions for summary judgment filed by the defendants in the actions;

(C) the state or federal court order announcing disposition of the case; and

(D) any opinions issued in the case by any appellate court.

     (b) An offender must file with the court a brief that includes:

(1) a legal argument;

(2) a citation to authority; and

(3) an explanation to the court why the new action is not subject to dismissal as a matter finally decided on its merits by a court and not subject to litigation again between the same parties.

     (c) If the trial court determines that the complaint is frivolous, malicious, or otherwise utterly without merit, or fails to state a claim upon which relief may be granted, the court shall dismiss the complaint.

As added by P.L.80-2004, SEC.7.

 

IC 34-13-8Chapter 8. Special Supplemental Relief
           34-13-8-1"Eligible person"
           34-13-8-2"Occurrence"
           34-13-8-3"Supplemental fund"
           34-13-8-4Intent; compromise of claims; application
           34-13-8-5Limitations on payments; formula for distribution
           34-13-8-6Requirement; release of additional claims
           34-13-8-7Additional payments reduced by prior payments
           34-13-8-8Limitation on attorney's fees
           34-13-8-9Establishment of fund
           34-13-8-10Use of money in fund
           34-13-8-11Payment of expenses of administration
           34-13-8-12Assignment of claims to state

 

IC 34-13-8-1"Eligible person"

     Sec. 1. As used in this chapter, "eligible person" refers to a person or the estate of a person that properly filed a claim with the state, in the form prescribed by the attorney general, before December 31, 2011, for physical injury or death resulting from an occurrence.

As added by P.L.160-2012, SEC.62.

 

IC 34-13-8-2"Occurrence"

     Sec. 2. As used in this chapter, "occurrence" refers to one (1) or more acts or omissions by the state or employees of the state in connection with a single event occurring after July 31, 2011, and before September 1, 2011, that resulted in the death of seven (7) or more persons.

As added by P.L.160-2012, SEC.62.

 

IC 34-13-8-3"Supplemental fund"

     Sec. 3. As used in this chapter, "supplemental fund" refers to the supplemental state fair relief fund established by section 9 of this chapter.

As added by P.L.160-2012, SEC.62.

 

IC 34-13-8-4Intent; compromise of claims; application

     Sec. 4. (a) Recognizing the special conditions created by an occurrence, it is the intent of the general assembly to provide supplemental relief for victims of the occurrence. It is not the intent of the general assembly to revise the tort claims act in order to address the special situation of the occurrence.

     (b) The attorney general may compromise or settle a claim or suit brought against the state or its employees as provided in this chapter.

     (c) Only eligible persons are eligible to receive compensation under this chapter.

As added by P.L.160-2012, SEC.62.

 

IC 34-13-8-5Limitations on payments; formula for distribution

     Sec. 5. (a) The attorney general shall attempt to resolve before January 1, 2013, all claims and suits brought against the state or its employees for an occurrence for an amount that, in the aggregate, does not exceed eleven million dollars ($11,000,000), consisting of:

(1) five million dollars ($5,000,000) paid from the state tort claim fund established to pay claims and expenses under IC 34-13-3-24; and

(2) six million dollars ($6,000,000) to be paid from the supplemental fund.

     (b) The attorney general shall attempt to resolve before January 1, 2013, claims or suits for an occurrence as follows:

(1) The estate of an eligible person whose death resulted from an occurrence shall receive seven hundred thousand dollars ($700,000). This amount includes any compensation under this chapter for the eligible person's attorney's fees. The amount distributed to the estate of the eligible person whose death resulted from an occurrence is exempt from inheritance taxes under IC 6-4.1 (before its repeal) and shall not be included in the calculation of the amount transferred to a Class A transferee, Class B transferee, or Class C transferee for the purposes of applying the exemptions in IC 6-4.1-3-10, IC 6-4.1-3-11, and IC 6-4.1-3-12 (before their repeal).

(2) Except as provided in subdivision (3), each other eligible person who was physically injured as a result of an occurrence shall be compensated (including any compensation under this chapter for the eligible person's attorney's fees) for the physical injury in an amount that does not exceed the least of the following:

(A) The amount of the eligible person's medical expenses incurred as a result of the physical injury.

(B) The amount claimed before the deadline established by the attorney general by the eligible person for medical expenses incurred as a result of the physical injury in relation to the claim filed before December 31, 2011.

(C) Seven hundred thousand dollars ($700,000).

(3) Eligible persons who suffered physical injuries involving permanent paralysis or permanent physical trauma or requiring major and ongoing long-term care shall be compensated for the physical injury in an amount equal to:

(A) the amount of compensation paid under subdivision (2); plus

(B) additional compensation determined under the process established by the attorney general under subdivision (4).

(4) The attorney general shall establish a process for determining the equitable amount of compensation for eligible persons under subdivision (3). The attorney general shall before January 1, 2013, determine the amount of compensation that each eligible person described in subdivision (3) is entitled to receive under subdivision (3). The attorney general may employ arbitrators, mediators, consultants, and other experts to assist in the process established by the attorney general for determining the compensation for eligible persons under subdivision (3).

As added by P.L.160-2012, SEC.62. Amended by P.L.79-2017, SEC.78.

 

IC 34-13-8-6Requirement; release of additional claims

     Sec. 6. (a) To receive a distribution under this chapter for an occurrence, an eligible person must have already released all governmental entities and public employees from any liability for loss resulting from the occurrence. The release must be in a form that is satisfactory to the attorney general.

     (b) A distribution may not be paid under this chapter from the supplemental fund to an eligible person unless the eligible person has entered into an agreement with the state providing that the person will not bring any action against the state based on an indemnification clause.

As added by P.L.160-2012, SEC.62.

 

IC 34-13-8-7Additional payments reduced by prior payments

     Sec. 7. The amount payable after December 31, 2011, as provided in section 5(b) of this chapter to an eligible person shall be reduced by any amount that was paid under IC 34-13-3 from the state tort claim fund before January 1, 2012, for the death or physical injury.

As added by P.L.160-2012, SEC.62.

 

IC 34-13-8-8Limitation on attorney's fees

     Sec. 8. If an eligible person is represented by an attorney regarding compensation from the supplemental fund, the attorney's fees paid to the attorney or attorneys for the representation of the eligible person regarding compensation from the supplemental fund may not exceed, in aggregate, ten percent (10%) of the total compensation paid to the eligible person from the supplemental fund.

As added by P.L.160-2012, SEC.62.

 

IC 34-13-8-9Establishment of fund

     Sec. 9. (a) The supplemental state fair relief fund is established for the purpose of providing supplemental relief to the victims of the occurrence.

     (b) The supplemental fund consists of grants, donations, and appropriations made by the general assembly. The supplemental fund shall be administered by the attorney general. The treasurer of state shall invest the money in the supplemental fund not currently needed to meet the obligations of the supplemental fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the state general fund. The expenses of administering the supplemental fund shall be paid from the state tort claim fund established to pay claims and expenses under IC 34-13-3-24.

     (c) The supplemental fund is considered a trust fund for purposes of IC 4-9.1-1-7. Money may not be transferred, assigned, or otherwise removed from the supplemental fund by the state board of finance, the budget agency, or any other state agency except as provided in this chapter.

     (d) Money in the supplemental fund at the end of a state fiscal year does not revert to the state general fund. Money in the supplemental fund is continually appropriated to the attorney general to carry out the purposes of the supplemental fund.

As added by P.L.160-2012, SEC.62.

 

IC 34-13-8-10Use of money in fund

     Sec. 10. (a) The attorney general may use the money in the supplemental fund to pay compensation to eligible persons as provided in this chapter.

     (b) After the estate of each eligible person whose death resulted from an occurrence has received seven hundred thousand dollars ($700,000), and each other eligible person who was physically injured as a result of an occurrence has been compensated in the amount determined under section 5(b)(2) of this chapter, the remaining balance in the supplemental fund shall be used to pay compensation for ongoing expenses to eligible persons described in section 5(b)(3) of this chapter according to the process established by the attorney general under section 5(b)(4) of this chapter. Compensation paid from the supplemental fund may not be used for the following:

(1) Expenses covered by insurance.

(2) Expenses covered by another party.

As added by P.L.160-2012, SEC.62.

 

IC 34-13-8-11Payment of expenses of administration

     Sec. 11. The expenses incurred by the attorney general in carrying out this chapter (including any expenses for arbitrators, mediators, consultants, or any other experts) shall be paid from the state tort claim fund established to pay claims and expenses under IC 34-13-3-24.

As added by P.L.160-2012, SEC.62.

 

IC 34-13-8-12Assignment of claims to state

     Sec. 12. (a) An eligible person may assign to the attorney general the eligible person's right to pursue a cause of action for the tortious breach of an insurer's duty to deal with an insured person in good faith.

     (b) If the insurance commissioner believes that a person has engaged in any of the acts or practices listed in IC 27-4-1-4.5 in relation to an occurrence, the insurance commissioner may issue and cause to be served upon the person a statement of the charges and a notice in writing of a hearing as provided in IC 27-4-1-5. If after a hearing under IC 4-21.5-3, the insurance commissioner determines that the person has engaged in any of the acts or practices listed in IC 27-4-1-4.5 in relation to an occurrence, the insurance commissioner may at the insurance commissioner's discretion order one (1) or more of the remedies provided in IC 27-4-1-6. Notwithstanding IC 27-4-1, the insurance commissioner may take an action under this subsection regarding the commission by a person of a single act or practice listed in IC 27-4-1-4.5 in relation to an occurrence, without having to demonstrate that the act or practice occurs with such frequency as to indicate a general practice by the person.

As added by P.L.160-2012, SEC.62.

 

IC 34-13-9Chapter 9. Religious Freedom Restoration
           34-13-9-0.7Application
           34-13-9-1Application
           34-13-9-2Exemptions
           34-13-9-3Establishment Clause
           34-13-9-4"Demonstrates"
           34-13-9-5"Exercise of religion"
           34-13-9-6"Governmental entity"
           34-13-9-7"Person"
           34-13-9-7.5"Provider"
           34-13-9-8Exercise of religion
           34-13-9-9Violations
           34-13-9-10Defense; relief; awarding of costs
           34-13-9-11Private causes of action

 

IC 34-13-9-0.7Application

     Sec. 0.7. This chapter does not:

(1) authorize a provider to refuse to offer or provide services, facilities, use of public accommodations, goods, employment, or housing to any member or members of the general public on the basis of race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service;

(2) establish a defense to a civil action or criminal prosecution for refusal by a provider to offer or provide services, facilities, use of public accommodations, goods, employment, or housing to any member or members of the general public on the basis of race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service; or

(3) negate any rights available under the Constitution of the State of Indiana.

As added by P.L.4-2015, SEC.1.

 

IC 34-13-9-1Application

     Sec. 1. This chapter applies to all governmental entity statutes, ordinances, resolutions, executive or administrative orders, regulations, customs, and usages, including the implementation or application thereof, regardless of whether they were enacted, adopted, or initiated before, on, or after July 1, 2015.

As added by P.L.3-2015, SEC.1.

 

IC 34-13-9-2Exemptions

     Sec. 2. A governmental entity statute, ordinance, resolution, executive or administrative order, regulation, custom, or usage may not be construed to be exempt from the application of this chapter unless a state statute expressly exempts the statute, ordinance, resolution, executive or administrative order, regulation, custom, or usage from the application of this chapter by citation to this chapter.

As added by P.L.3-2015, SEC.1.

 

IC 34-13-9-3Establishment Clause

     Sec. 3. (a) The following definitions apply throughout this section:

(1) "Establishment Clause" refers to the part of the First Amendment of the Constitution of the United States or the Constitution of the State of Indiana prohibiting laws respecting the establishment of religion.

(2) "Granting", used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.

     (b) This chapter may not be construed to affect, interpret, or in any way address the Establishment Clause.

     (c) Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, does not constitute a violation of this chapter.

As added by P.L.3-2015, SEC.1.

 

IC 34-13-9-4"Demonstrates"

     Sec. 4. As used in this chapter, "demonstrates" means meets the burdens of going forward with the evidence and of persuasion.

As added by P.L.3-2015, SEC.1.

 

IC 34-13-9-5"Exercise of religion"

     Sec. 5. As used in this chapter, "exercise of religion" includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.

As added by P.L.3-2015, SEC.1.

 

IC 34-13-9-6"Governmental entity"

     Sec. 6. As used in this chapter, "governmental entity" includes the whole or any part of a branch, department, agency, instrumentality, official, or other individual or entity acting under color of law of any of the following:

(1) State government.

(2) A political subdivision (as defined in IC 36-1-2-13).

(3) An instrumentality of a governmental entity described in subdivision (1) or (2), including a state educational institution, a body politic, a body corporate and politic, or any other similar entity established by law.

As added by P.L.3-2015, SEC.1.

 

IC 34-13-9-7"Person"

     Sec. 7. As used in this chapter, "person" includes the following:

(1) An individual.

(2) An organization, a religious society, a church, a body of communicants, or a group organized and operated primarily for religious purposes.

(3) A partnership, a limited liability company, a corporation, a company, a firm, a society, a joint-stock company, an unincorporated association, or another entity that:

(A) may sue and be sued; and

(B) exercises practices that are compelled or limited by a system of religious belief held by:

(i) an individual; or

(ii) the individuals;

who have control and substantial ownership of the entity, regardless of whether the entity is organized and operated for profit or nonprofit purposes.

As added by P.L.3-2015, SEC.1.

 

IC 34-13-9-7.5"Provider"

     Sec. 7.5. As used in this chapter, "provider" means one (1) or more individuals, partnerships, associations, organizations, limited liability companies, corporations, and other organized groups of persons. The term does not include:

(1) A church or other nonprofit religious organization or society, including an affiliated school, that is exempt from federal income taxation under 26 U.S.C. 501(a), as amended (excluding any activity that generates unrelated business taxable income (as defined in 26 U.S.C. 512, as amended)).

(2) A rabbi, priest, preacher, minister, pastor, or designee of a church or other nonprofit religious organization or society when the individual is engaged in a religious or affiliated educational function of the church or other nonprofit religious organization or society.

As added by P.L.4-2015, SEC.2.

 

IC 34-13-9-8Exercise of religion

     Sec. 8. (a) Except as provided in subsection (b), a governmental entity may not substantially burden a person's exercise of religion, even if the burden results from a rule of general applicability.

     (b) A governmental entity may substantially burden a person's exercise of religion only if the governmental entity demonstrates that application of the burden to the person:

(1) is in furtherance of a compelling governmental interest; and

(2) is the least restrictive means of furthering that compelling governmental interest.

As added by P.L.3-2015, SEC.1.

 

IC 34-13-9-9Violations

     Sec. 9. A person whose exercise of religion has been substantially burdened, or is likely to be substantially burdened, by a violation of this chapter may assert the violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the state or any other governmental entity is a party to the proceeding. If the relevant governmental entity is not a party to the proceeding, the governmental entity has an unconditional right to intervene in order to respond to the person's invocation of this chapter.

As added by P.L.3-2015, SEC.1.

 

IC 34-13-9-10Defense; relief; awarding of costs

     Sec. 10. (a) If a court or other tribunal in which a violation of this chapter is asserted in conformity with section 9 of this chapter determines that:

(1) the person's exercise of religion has been substantially burdened, or is likely to be substantially burdened; and

(2) the governmental entity imposing the burden has not demonstrated that application of the burden to the person:

(A) is in furtherance of a compelling governmental interest; and

(B) is the least restrictive means of furthering that compelling governmental interest;

the court or other tribunal shall allow a defense against any party and shall grant appropriate relief against the governmental entity.

     (b) Relief against the governmental entity may include any of the following:

(1) Declaratory relief or an injunction or mandate that prevents, restrains, corrects, or abates the violation of this chapter.

(2) Compensatory damages.

     (c) In the appropriate case, the court or other tribunal also may award all or part of the costs of litigation, including reasonable attorney's fees, to a person that prevails against the governmental entity under this chapter.

As added by P.L.3-2015, SEC.1.

 

IC 34-13-9-11Private causes of action

     Sec. 11. This chapter is not intended to, and shall not be construed or interpreted to, create a claim or private cause of action against any private employer by any applicant, employee, or former employee.

As added by P.L.3-2015, SEC.1.

 

IC 34-14ARTICLE 14. CAUSES OF ACTION: DECLARATORY JUDGMENT
           Ch. 1.Uniform Declaratory Judgment Act

 

IC 34-14-1Chapter 1. Uniform Declaratory Judgment Act
           34-14-1-1Power of court; form and effect of declaration
           34-14-1-2Persons who may obtain declaratory judgment
           34-14-1-3Construction of contract before or after breach
           34-14-1-4Declarations regarding trusts or estates
           34-14-1-5General powers not restricted by enumeration of specific powers
           34-14-1-6Refusal to render declaratory judgment; discretion of court
           34-14-1-7Review of judgments or decrees
           34-14-1-8Further relief based on declaratory judgment; application
           34-14-1-9Trial on issues of fact
           34-14-1-10Award of costs
           34-14-1-11Parties to action; municipalities and attorney general as parties; right of attorney general to intervene
           34-14-1-12Purpose of chapter
           34-14-1-13"Person" defined
           34-14-1-14Severability of certain sections
           34-14-1-15Construction of chapter
           34-14-1-16Short title

 

IC 34-14-1-1Power of court; form and effect of declaration

     Sec. 1. Courts of record within their respective jurisdictions have the power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding is open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect. The declaration has the force and effect of a final judgment or decree.

[Pre-1998 Recodification Citation: 34-4-10-1.]

As added by P.L.1-1998, SEC.9.

 

IC 34-14-1-2Persons who may obtain declaratory judgment

     Sec. 2. Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.

[Pre-1998 Recodification Citation: 34-4-10-2.]

As added by P.L.1-1998, SEC.9.

 

IC 34-14-1-3Construction of contract before or after breach

     Sec. 3. A contract may be construed either before or after there has been a breach of the contract.

[Pre-1998 Recodification Citation: 34-4-10-3.]

As added by P.L.1-1998, SEC.9.

 

IC 34-14-1-4Declarations regarding trusts or estates

     Sec. 4. Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust, or of the estate of a decedent, a person under eighteen (18) years of age, or a mentally incompetent person may have a declaration of rights or legal relations:

(1) to ascertain any class of creditors, devisee, legatees, heirs, next of kin, or others;

(2) to direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

(3) to determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

[Pre-1998 Recodification Citation: 34-4-10-4.]

As added by P.L.1-1998, SEC.9.

 

IC 34-14-1-5General powers not restricted by enumeration of specific powers

     Sec. 5. The enumeration in sections 2, 3, or 4 of this chapter does not limit or restrict the exercise of the general powers conferred in section 1 of this chapter in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.

[Pre-1998 Recodification Citation: 34-4-10-5.]

As added by P.L.1-1998, SEC.9.

 

IC 34-14-1-6Refusal to render declaratory judgment; discretion of court

     Sec. 6. The court may refuse to render or enter a declaratory judgment or decree where the judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

[Pre-1998 Recodification Citation: 34-4-10-6.]

As added by P.L.1-1998, SEC.9.

 

IC 34-14-1-7Review of judgments or decrees

     Sec. 7. All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.

[Pre-1998 Recodification Citation: 34-4-10-7.]

As added by P.L.1-1998, SEC.9.

 

IC 34-14-1-8Further relief based on declaratory judgment; application

     Sec. 8. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application for further relief must be by petition to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be immediately granted.

[Pre-1998 Recodification Citation: 34-4-10-8.]

As added by P.L.1-1998, SEC.9.

 

IC 34-14-1-9Trial on issues of fact

     Sec. 9. When a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

[Pre-1998 Recodification Citation: 34-4-10-9.]

As added by P.L.1-1998, SEC.9.

 

IC 34-14-1-10Award of costs

     Sec. 10. In any proceeding under this chapter, the court may make an award of costs as may seem equitable and just.

[Pre-1998 Recodification Citation: 34-4-10-10.]

As added by P.L.1-1998, SEC.9.

 

IC 34-14-1-11Parties to action; municipalities and attorney general as parties; right of attorney general to intervene

     Sec. 11. When declaratory relief is sought, all persons shall be made parties who have or claim any interest that would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding in which a statute, ordinance, or franchise is alleged to be unconstitutional, the court shall certify this fact to the attorney general, and the attorney general shall be permitted to intervene for presentation of evidence, if evidence is otherwise admissible in the case, and for arguments on the question of constitutionality. In any proceeding that involves the validity of a municipal ordinance or franchise, the municipality shall be made a party, and shall be entitled to be heard. If the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state shall also be served with a copy of the proceeding and be entitled to be heard.

[Pre-1998 Recodification Citation: 34-4-10-11.]

As added by P.L.1-1998, SEC.9. Amended by P.L.40-2010, SEC.1.

 

IC 34-14-1-12Purpose of chapter

     Sec. 12. This chapter is declared to be remedial. The purpose of this chapter is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.

[Pre-1998 Recodification Citation: 34-4-10-12.]

As added by P.L.1-1998, SEC.9.

 

IC 34-14-1-13"Person" defined

     Sec. 13. The word "person" wherever used in this chapter shall be construed to mean any person, partnership, limited liability company, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.

[Pre-1998 Recodification Citation: 34-4-10-13 part.]

As added by P.L.1-1998, SEC.9.

 

IC 34-14-1-14Severability of certain sections

     Sec. 14. The several sections and provisions of this chapter except sections 1 and 2, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative.

[Pre-1998 Recodification Citation: 34-4-10-14.]

As added by P.L.1-1998, SEC.9.

 

IC 34-14-1-15Construction of chapter

     Sec. 15. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.

[Pre-1998 Recodification Citation: 34-4-10-15.]

As added by P.L.1-1998, SEC.9.

 

IC 34-14-1-16Short title

     Sec. 16. This chapter may be cited as the Uniform Declaratory Judgments Act.

[Pre-1998 Recodification Citation: 34-4-10-16.]

As added by P.L.1-1998, SEC.9.

 

IC 34-15ARTICLE 15. CAUSES OF ACTION: DEFAMATION, LIBEL, AND SLANDER
           Ch. 1.Pleadings in Actions for Libel or Slander
           Ch. 2.Standard of Proof in Actions for Libel or Slander
           Ch. 3.Defamation Actions Against Radio and Television Broadcasters
           Ch. 4.Defamation Actions Against Newspaper Publishers
           Ch. 5.Actions for Certain False Charges

 

IC 34-15-1Chapter 1. Pleadings in Actions for Libel or Slander
           34-15-1-1Allegation; burden of proof
           34-15-1-2Truth; mitigating circumstances; evidence

 

IC 34-15-1-1Allegation; burden of proof

     Sec. 1. In an action for libel or slander, it is sufficient to state generally that the defamatory matter published or spoken was about the plaintiff. If the defendant denies the allegation, the plaintiff must prove at trial the facts showing that the defamatory matter was published or spoken about the plaintiff.

[Pre-1998 Recodification Citation: 34-1-5-1.]

As added by P.L.1-1998, SEC.10.

 

IC 34-15-1-2Truth; mitigating circumstances; evidence

     Sec. 2. In an action for libel or slander, the defendant may allege:

(1) the truth of the matter charged as defamatory; and

(2) mitigating circumstances to reduce the damages;

and give either or both in evidence.

[Pre-1998 Recodification Citation: 34-1-5-2.]

As added by P.L.1-1998, SEC.10.

 

IC 34-15-2Chapter 2. Standard of Proof in Actions for Libel or Slander
           34-15-2-1Abrogation of reasonable doubt standard

 

IC 34-15-2-1Abrogation of reasonable doubt standard

     Sec. 1. The proof of an answer of justification in cases of libel and slander is controlled by the rule that applies to the proof of issues in other civil cases.

[Pre-1998 Recodification Citation: 34-4-13-1.]

As added by P.L.1-1998, SEC.10.

 

IC 34-15-3Chapter 3. Defamation Actions Against Radio and Television Broadcasters
           34-15-3-1Applicability of chapter
           34-15-3-2Service of notice
           34-15-3-3Retraction mitigates damages

 

IC 34-15-3-1Applicability of chapter

     Sec. 1. (a) This chapter applies to a suit brought for:

(1) publishing;

(2) speaking;

(3) uttering; or

(4) conveying by words, acts, or in any other manner;

a libel or slander by any radio or television station or company in Indiana.

     (b) Section 3 of this chapter does not apply to a case of libel or slander against a candidate for a public office in Indiana, unless the retraction of the charge is made in an audible or visible manner at least three (3) days before the election.

[Pre-1998 Recodification Citation: 34-4-14-1 part.]

As added by P.L.1-1998, SEC.10.

 

IC 34-15-3-2Service of notice

     Sec. 2. At least three (3) days before filing a complaint in a suit described in section 1 of this chapter, the aggrieved party shall serve notice:

(1) in writing;

(2) on the manager of the radio or television station;

(3) at the principal office of the radio or television station; and

(4) that specifies the words or acts that the aggrieved party alleges to be false and defamatory.

[Pre-1998 Recodification Citation: 34-4-14-1 part.]

As added by P.L.1-1998, SEC.10.

 

IC 34-15-3-3Retraction mitigates damages

     Sec. 3. The plaintiff in a suit described in section 1 of this chapter may recover only actual damages if it appears, upon trial of the action, that:

(1) the words or acts were conveyed and broadcast in good faith;

(2) the falsity of the words or acts was due to mistake or misapprehension of the facts; and

(3) a full and fair retraction of any words or acts alleged to be erroneous was conveyed or broadcast:

(A) on a regular program of the radio or television company;

(B) within ten (10) days after the mistake or misapprehension was brought to the knowledge of the manager; and

(C) at approximately the same time and by the same sending power so as to be as visible and audible as the original acts or words complained of.

[Pre-1998 Recodification Citation: 34-4-14-1 part.]

As added by P.L.1-1998, SEC.10.

 

IC 34-15-4Chapter 4. Defamation Actions Against Newspaper Publishers
           34-15-4-1Applicability of chapter
           34-15-4-2Service of notice
           34-15-4-3Retraction mitigates damages

 

IC 34-15-4-1Applicability of chapter

     Sec. 1. (a) This chapter applies to a suit for the:

(1) publication of a libel by a newspaper; or

(2) transmission of a libel by a news service;

in Indiana.

     (b) Section 3 of this chapter does not apply to a case of libel against a candidate for a public office in Indiana, unless the retraction is made in the manner set out in section 3 of this chapter at least three (3) days before the election.

[Pre-1998 Recodification Citation: 34-4-15-1 part.]

As added by P.L.1-1998, SEC.10.

 

IC 34-15-4-2Service of notice

     Sec. 2. (a) Before bringing a suit described in section 1 of this chapter, the aggrieved party shall:

(1) at least four (4) days before filing the complaint against a news service;

(2) at least six (6) days before filing the complaint against a daily newspaper; or

(3) at least eleven (11) days before filing the complaint against a weekly newspaper;

serve notice in writing specifying the factual statements in the article that are alleged to be false and defamatory, and correcting the falsity of the statements by reference to the true facts.

     (b) If the publication of the alleged libel was by a newspaper, the notice shall be served on the publisher at the newspaper's principal office of publication. If the transmission of the alleged libel was by a news service, the notice shall be served on the bureau chief at the news service's principal Indiana office.

[Pre-1998 Recodification Citation: 34-4-15-1 part.]

As added by P.L.1-1998, SEC.10.

 

IC 34-15-4-3Retraction mitigates damages

     Sec. 3. The plaintiff in a suit described in section 1 of this chapter may recover only actual damages if:

(1) it appears at the trial of the action that:

(A) the article was published or transmitted in good faith; and

(B) the falsity of the article was due to mistake or misapprehension of the facts;

(2) a full and fair retraction of a factual statement alleged to be false and defamatory was published in a regular issue of the newspaper or transmitted to its members or subscribers by the news service:

(A) within three (3) days by a news service;

(B) within five (5) days, if the newspaper is a daily publication; or

(C) within ten (10) days, if the newspaper is a weekly publication;

after the mistake or misapprehension was brought to the knowledge of the publisher or bureau chief; and

(3) the retraction was published in as conspicuous a place and type as the original item appeared in the newspaper or was transmitted by a news service to all members or subscribers to whom the original item was transmitted.

[Pre-1998 Recodification Citation: 34-4-15-1 part.]

As added by P.L.1-1998, SEC.10.

 

IC 34-15-5Chapter 5. Actions for Certain False Charges
           34-15-5-1Actionable charges

 

IC 34-15-5-1Actionable charges

     Sec. 1. Every charge of incest, homosexuality, bestiality, fornication, adultery, or whoredom falsely made against any person is actionable in the same manner as in the case of slanderous words charging a felony.

[Pre-1998 Recodification Citation: 34-1-62-1.]

As added by P.L.1-1998, SEC.10.

 

IC 34-16ARTICLE 16. CAUSES OF ACTION: GAMBLING DEBTS AND LOSSES
           Ch. 1.Gambling Debts and Losses

 

IC 34-16-1Chapter 1. Gambling Debts and Losses
           34-16-1-1Void instruments
           34-16-1-2Debtor; civil action to recover losses; limitation
           34-16-1-3Pleading
           34-16-1-4Prosecuting attorney; civil action to recover losses
           34-16-1-5Discovery

 

IC 34-16-1-1Void instruments

     Sec. 1. A note, bill, bond, conveyance, contract, mortgage, or other security made in consideration of:

(1) money or other property won as the result of a wager; or

(2) the repayment of money lent at the time of a wager for the purpose of being wagered;

is void.

[Pre-1998 Recodification Citation: 34-4-28-1.]

As added by P.L.1-1998, SEC.11.

 

IC 34-16-1-2Debtor; civil action to recover losses; limitation

     Sec. 2. If a person, by betting on a game or on the hands or sides of persons playing a game:

(1) loses any money or other property; and

(2) delivers any part of the money or other property;

the person may bring a civil action, within one hundred eighty (180) days, to recover the money or other property so lost and delivered.

[Pre-1998 Recodification Citation: 34-4-28-2.]

As added by P.L.1-1998, SEC.11.

 

IC 34-16-1-3Pleading

     Sec. 3. In the civil action, it is sufficient for the plaintiff to allege that the defendant has received the money or other property so lost and delivered.

[Pre-1998 Recodification Citation: 34-4-28-3.]

As added by P.L.1-1998, SEC.11.

 

IC 34-16-1-4Prosecuting attorney; civil action to recover losses

     Sec. 4. If, within the one hundred eighty (180) day period, the person fails to sue or to effectively prosecute the action, the prosecuting attorney of the county shall bring a civil action to recover the money or other property so lost and delivered, in the name of the state and for the benefit of:

(1) the person's dependent children who are less than eighteen (18) years of age and the person's spouse; or

(2) if there are no children or spouse, the state general fund.

[Pre-1998 Recodification Citation: 34-4-28-4.]

As added by P.L.1-1998, SEC.11. Amended by P.L.246-2005, SEC.224.

 

IC 34-16-1-5Discovery

     Sec. 5. A person who is sued under this chapter (or IC 34-4-28 before its repeal) shall answer, under oath or affirmation, questions concerning the money or other property the defendant is alleged to have received.

[Pre-1998 Recodification Citation: 34-4-28-5.]

As added by P.L.1-1998, SEC.11. Amended by P.L.1-2009, SEC.161.

 

IC 34-17ARTICLE 17. CAUSES OF ACTION: INFORMATIONS
           Ch. 1.Cases in Which an Information May Be Filed
           Ch. 2.Filing of Information and Summons
           Ch. 3.Judgment, Costs, and Enforcement

 

IC 34-17-1Chapter 1. Cases in Which an Information May Be Filed
           34-17-1-1Information; when filing allowed
           34-17-1-2Annulment or vacation of certain documents
           34-17-1-3Escheat or forfeiture of property to state

 

IC 34-17-1-1Information; when filing allowed

     Sec. 1. An information may be filed against any person or corporation in the following cases:

(1) When a person usurps, intrudes into, or unlawfully holds or exercises a public office or a franchise within Indiana or an office in a corporation created by the authority of this state.

(2) Whenever a public officer does or allows an act which, by law, works a forfeiture of the officer's office.

(3) When an association or number of persons acts within Indiana as a corporation, without being legally incorporated.

(4) When a corporation does or omits acts that amount to a surrender or forfeiture of its rights and privileges as a corporation.

(5) When a corporate franchise was procured through fraud practiced upon the state.

(6) When a corporation:

(A) exceeds or abuses the authority conferred upon the corporation by law; or

(B) exercises authority not conferred upon it by law.

[Pre-1998 Recodification Citation: 34-1-59-1.]

As added by P.L.1-1998, SEC.12.

 

IC 34-17-1-2Annulment or vacation of certain documents

     Sec. 2. An information may be prosecuted to annul or vacate any letters-patent, certificate, or deed granted by the proper authorities of Indiana when there is reason to believe that:

(1) the letters, deed, or certificate was obtained by fraud or through mistake or ignorance of a material fact; or

(2) the patentee or those claiming under the patentee:

(A) have done or omitted an act in violation of the terms on which the letters, deed, or certificate was granted; or

(B) have by any other means forfeited the interest acquired under the letters, deed, or certificate.

[Pre-1998 Recodification Citation: 34-1-59-15.]

As added by P.L.1-1998, SEC.12.

 

IC 34-17-1-3Escheat or forfeiture of property to state

     Sec. 3. Whenever property escheats or is forfeited to the state for the state's use, the legal title is considered to be in the state from the time of the escheat or forfeiture. An information may be filed in accordance with IC 34-17-2-3 to recover the property.

[Pre-1998 Recodification Citation: 34-1-59-13 part.]

As added by P.L.1-1998, SEC.12.

 

IC 34-17-2Chapter 2. Filing of Information and Summons
           34-17-2-1Filing of information
           34-17-2-2Annulment or vacation of certain documents; procedure
           34-17-2-3Information to recover property
           34-17-2-4Contest for office; single information against several persons
           34-17-2-5Contents of information
           34-17-2-6Usurping office; procedure
           34-17-2-7Summons and answer

 

IC 34-17-2-1Filing of information

     Sec. 1. (a) An information described in IC 34-17-1-1 may be filed:

(1) by the prosecuting attorney in the circuit court, superior court, or probate court of the proper county, upon the prosecuting attorney's own relation, whenever the prosecuting attorney:

(A) determines it to be the prosecuting attorney's duty to do so; or

(B) is directed by the court or other competent authority; or

(2) by any other person on the person's own relation, whenever the person claims an interest in the office, franchise, or corporation that is the subject of the information.

     (b) The prosecuting attorney shall file an information in the circuit court, superior court, or probate court of the county against the county assessor or a township assessor under IC 34-17-1-1(2) if:

(1) the board of county commissioners adopts an ordinance under IC 6-1.1-4-31(f); or

(2) the city-county council adopts an ordinance under IC 6-1.1-4-31(g).

[Pre-1998 Recodification Citation: 34-1-59-2.]

As added by P.L.1-1998, SEC.12. Amended by P.L.146-2008, SEC.678; P.L.84-2016, SEC.154.

 

IC 34-17-2-2Annulment or vacation of certain documents; procedure

     Sec. 2. (a) An information to annul or vacate any letters-patent, certificate, or deed described in IC 34-17-1-2 may be filed by:

(1) the prosecuting attorney, upon the prosecuting attorney's relation; or

(2) a private person, upon the person's relation, showing the person's interest in the subject matter.

     (b) The subsequent proceeding, judgment of the court, and awarding of costs must conform to the requirements of this article and the letters-patent, deed or certificate shall be annulled or sustained according to the rights of the case.

[Pre-1998 Recodification Citation: 34-1-59-16.]

As added by P.L.1-1998, SEC.12.

 

IC 34-17-2-3Information to recover property

     Sec. 3. (a) Following forfeiture or escheat of property as described in IC 34-17-1-3, an information may be filed by the prosecuting attorney in the circuit court, superior court, or probate court for the recovery of the property, alleging the ground on which the recovery is claimed.

     (b) Proceedings and judgment are the same as in a civil action for the recovery of property.

[Pre-1998 Recodification Citation: 34-1-59-13 part.]

As added by P.L.1-1998, SEC.12. Amended by P.L.84-2016, SEC.155.

 

IC 34-17-2-4Contest for office; single information against several persons

     Sec. 4. When several persons claim to be entitled to the same office or franchise, one (1) information may be filed against any or all persons making the claim, in order to try their respective rights to the office or franchise.

[Pre-1998 Recodification Citation: 34-1-59-10.]

As added by P.L.1-1998, SEC.12.

 

IC 34-17-2-5Contents of information

     Sec. 5. The information consists of a plain statement of the facts that constitute the grounds of the proceeding, addressed to the court.

[Pre-1998 Recodification Citation: 34-1-59-3.]

As added by P.L.1-1998, SEC.12.

 

IC 34-17-2-6Usurping office; procedure

     Sec. 6. (a) This section applies to an information filed against a person for usurping an office.

     (b) Whenever an information described in subsection (a) is filed by the prosecuting attorney, the prosecuting attorney shall also set forth the name of the person rightfully entitled to the office, if any, with an averment:

(1) of the person's right to the office; or

(2) that no person is entitled to the office and that a vacancy in the office will result.

     (c) When an information described in subsection (a) is filed by any other person, the person shall state the person's interest in the matter and any damages the person has sustained.

[Pre-1998 Recodification Citation: 34-1-59-4.]

As added by P.L.1-1998, SEC.12.

 

IC 34-17-2-7Summons and answer

     Sec. 7. Whenever an information is filed, a summons shall issue, which shall be served and returned as in other actions. The defendant shall appear and answer, or suffer default, and subsequent proceedings are the same as in other cases.

[Pre-1998 Recodification Citation: 34-1-59-5.]

As added by P.L.1-1998, SEC.12.

 

IC 34-17-3Chapter 3. Judgment, Costs, and Enforcement
           34-17-3-1Contest for office; judgment
           34-17-3-2Judgments in favor of relator; proceedings; filling public office vacancy under IC 5-8-6
           34-17-3-3Refusal of defendant to deliver books and papers; enforcement by attachment and imprisonment
           34-17-3-4Damages
           34-17-3-5Judgment or exclusion from office, franchise, or corporate rights; dissolution of corporation
           34-17-3-6Execution or attachment against directors or officers of corporations
           34-17-3-7Liability for costs

 

IC 34-17-3-1Contest for office; judgment

     Sec. 1. In every case contesting the right to an off