Title 34, CIVIL LAW AND PROCEDURE

Sec. 20. (a) After appearing in the action, a defendant against whom an order of attachment has been issued may move to have: (1) the attachment discharged; and (2) restitution awarded for any property taken under the attachment. (b) An appearance in the action may not operate to…

Sec. 21. (a) Except as provided in subsection (b), if the judgment in the action is rendered for the defendant: (1) the attachment shall be discharged; and (2) the attached property or proceeds from the property shall be returned to the defendant. (b) If the plaintiff: (1) serves…

Sec. 22. After judgment for the plaintiff or one (1) or more of several plaintiffs, attached property that remains unsold may be sold on execution, as in other cases. [Pre-1998 Recodification Citation: 34-1-11-36.] As added by P.L.1-1998, SEC.20.

Sec. 23. Every defendant is entitled to an action on the written undertaking of the plaintiff or creditor by whose proceedings in attachment the defendant is aggrieved, if it appears that the proceedings were wrongful and oppressive. The defendant shall recover damages at the dis…

Sec. 24. In all actions in the name of the state of Indiana, or of any person, agent, or officer, for the use of the state, if process is returned indicating that the defendant was not found, an order of attachment may be issued and proceedings may be had, as in other cases, with…

Sec. 25. When an order of attachment is fully executed or discharged, the sheriff shall return the order to the court, with the sheriff's proceedings noted upon the order. [Pre-1998 Recodification Citation: 34-1-11-40.] As added by P.L.1-1998, SEC.20.

Sec. 3. If the spouse or family of the debtor: (1) refuse or are unable to: (A) account for the debtor's absence; or (B) indicate the place where the debtor may be found; or (2) give a false account of the debtor's absence or place where the debtor may be found; the refusal, inab…

Sec. 4. The plaintiff or a person representing the plaintiff shall make an affidavit showing: (1) the nature of the plaintiff's claim; (2) that the plaintiff's claim is just; (3) the amount that the plaintiff ought to recover; and (4) that one (1) of the grounds for an attachment…

Sec. 5. Except for actions filed by the attorney general under IC 5-11-5-1 or IC 5-11-6-1, the plaintiff or a person representing the plaintiff shall execute a written undertaking, with sufficient surety, to be approved by the clerk, payable to the defendant, to the effect that t…

Sec. 6. Upon the filing of the affidavit and written undertaking in the office of the clerk, the clerk shall issue an order of attachment, which shall be directed and delivered to the sheriff. The order of attachment must require the sheriff to seize and take into possession the …

Sec. 7. Orders of attachment may be issued to the sheriff of any other county, and several orders of attachment may, at the option of the plaintiff, be issued at the same time or in succession. Only the costs of orders of attachment that have been executed in whole or in part sha…

Sec. 8. An order of attachment may be issued and executed on Sunday, if the plaintiff's affidavit shows that the defendant is about to abscond on that day, to the injury of the plaintiff. [Pre-1998 Recodification Citation: 34-1-11-8.] As added by P.L.1-1998, SEC.20.

Sec. 9. The sheriff shall proceed, with the assistance of a disinterested and credible householder of the county, to: (1) attach the lands, tenements, goods, and chattels of the defendant, subject to execution; and (2) make an inventory and appraisement of the property described …

Sec. 1. The writ of prohibition commands the court and party to whom the writ is directed: (1) to refrain from any further proceedings in the matter specified in the action until the return of the writ and further order of the court; and (2) upon the return, to show cause why the…

Sec. 2. The court renders judgment by either: (1) issuing a prohibition absolute, restraining the court and party from proceeding; or (2) authorizing the court and party to proceed; in the matter in question. [Pre-1998 Recodification Citation: 34-1-58-7.] As added by P.L.1-1998, …

Sec. 1. Except as provided in section 1.5 of this chapter, the circuit courts, superior courts, and probate courts in Indiana may change the names of natural persons on application by petition. [Pre-1998 Recodification Citation: 34-4-6-1.] As added by P.L.1-1998, SEC.24. Amended …

Sec. 1.5. (a) The following definitions apply throughout this section: (1) "Lifetime sex or violent offender" means a person convicted of an offense that currently requires a person to register as a sex or violent offender for life under IC 11-8-8-19, regardless of the date the c…

Sec. 2. (a) The petition described in section 1 of this chapter must: (1) if applicable, include the information required by section 2.5 of this chapter; (2) in the case of a petition filed by a person described in section 2.5 of this chapter, be subscribed and sworn to (or affir…

Sec. 2.5. (a) If a person petitioning for a change of name under this chapter is at least seventeen (17) years of age, the person's petition must include at least the following information: (1) The person's date of birth. (2) The person's current: (A) residence address; and (B) i…

Sec. 3. (a) Upon filing a petition for a name change, the applicant shall give notice of the petition as follows: (1) By three (3) weekly publications in a newspaper of general circulation published in the county in which the petition is filed in court. (2) If no newspaper is pub…

Sec. 4. (a) Proof of the publication required in this chapter is made by filing a copy of the published notice, verified by the affidavit of a disinterested person, and when proof of publication is made, the court shall, subject to the limitations imposed by subsections (b), (c),…

Sec. 5. (a) A copy of the decree of the court changing the name of any natural person, certified under the seal of the court by the clerk of the court, is sufficient evidence of the name of the person, and of a change having been made, in any court of Indiana. (b) In the case of …

Sec. 1. The following persons are privileged from arrest on civil process, and from obeying any subpoena to testify: (1) All officers of the general assembly during their attendance, at the general assembly and during the time they are going to, and returning from the place of me…

Sec. 2. A person shall not be arrested in any place of worship during service, except in cases of emergency. [Pre-1998 Recodification Citation: 34-4-11-2.] As added by P.L.1-1998, SEC.25.

Sec. 3. An attachment for contempt, for failure to obey the command of a subpoena to testify, is a civil process within the meaning of this article. [Pre-1998 Recodification Citation: 34-4-11-4.] As added by P.L.1-1998, SEC.25.

Sec. 1. (a) This chapter contains a list of references to other limited liability provisions outside IC 34. (b) Listing in this chapter does not equate to the creation of a limit on civil liability, and failure to be listed in this chapter does not negate a limit on civil liabili…

Sec. 1.5. IC 8-1-31.6-6 (Concerning a water utility for any property restoration costs that are necessitated by the replacement of customer owned lead service lines on a property owner's property). As added by P.L.6-2024, SEC.7.

Sec. 10. IC 34-18-14-3 (Concerning health care providers for medical malpractice). [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.27.

Sec. 11. IC 36-8-12-8 (Concerning volunteer firefighters and emergency medical services personnel). [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.27. Amended by P.L.174-2009, SEC.1.

Sec. 2. IC 14-34-8-10 (Concerning participants in the surface coal mine reclamation bond pool fund for reclamation of areas disturbed by others). [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.27.

Sec. 2.5. IC 16-31-6-2.5 (Concerning certain persons who administer an overdose intervention drug). As added by P.L.156-2014, SEC.10.

Sec. 3. IC 16-41-31-7 (Concerning bed and breakfast establishments for loss of personal property). [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.27.

Sec. 4. IC 22-3-9-6 (Concerning employers for the death of a person covered by worker's compensation). [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.27.

Sec. 5. IC 22-10-12-11 (Concerning mine operators and employers for death or injury of mine rescuer during rescue attempt). [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.27.

Sec. 6. IC 37-2-6-10 (Concerning creditors for errors made under the Uniform Consumer Credit code). [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.27. Amended by P.L.115-2026, SEC.80.

Sec. 7. IC 24-5-8-17 (Concerning sellers under the business opportunity transaction law). [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.27.

Sec. 8. IC 27-8-8-5 (Concerning the Indiana life and health insurance guaranty association). [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.27.

Sec. 9. IC 32-33-7-2 (Concerning proprietor or manager of a hotel, apartment hotel, or inn for guest's valuables kept in a safe). [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.27. Amended by P.L.2-2002, SEC.98.

Sec. 1. (a) In an action commenced in a court of general jurisdiction in Indiana by or against any corporation incorporated under the laws of Indiana, in which one (1) or more of the directors of the corporation is: (1) a necessary or proper party; and (2) a nonresident of Indian…

Sec. 2. (a) This section applies to a person who: (1) is a nonresident of Indiana; and (2) accepts an election or appointment as a director or serves as a director in a corporation organized under the laws of Indiana. (b) By and as a condition of: (1) accepting an election or app…

Sec. 1. (a) This section applies when a change of venue is taken from the county in any civil action pending in any circuit, superior, or probate court of Indiana from any county having two (2) or more adjoining counties. (b) If the parties to the action agree in open court withi…

Sec. 2. (a) This section applies to a county with a population of at least one hundred thousand (100,000) that is adjoined by three (3) or fewer other counties. (b) In addition to listing the adjoining counties, the court shall also list the two (2) nonadjoining counties, the cou…

Sec. 3. (a) If the venue of the action has already been changed from an adjoining county, the name of the adjoining county shall not be included in the written list submitted by the court. (b) If excluding the county from which venue was first changed results in fewer than three …

Sec. 4. Each party may strike off one (1) of the three (3) counties submitted within two (2) days after the list is submitted, and the action shall be sent to the county remaining. If either of the parties refuses or fails to strike off the names of the counties within the time l…

Sec. 5. (a) This section applies in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000). (b) Whenever a change of venue is taken from the county in any civil action pending in any circuit, superior, or probate c…

Sec. 1. In a civil action where: (1) the parties are entitled to a trial by jury; and (2) either party demands a jury trial; the sheriff shall call a jury from the regular panel, except as provided in this chapter. [Pre-1998 Recodification Citation: 34-1-19-1.] As added by P.L.1-…