Title 34, CIVIL LAW AND PROCEDURE

Sec. 0.2. The addition of IC 34-2-36 (before its repeal, now codified in this chapter) by P.L.196-1986 does not apply to civil actions accruing before January 1, 1987. As added by P.L.220-2011, SEC.578.

Sec. 1. (a) Subject to any other statute governing reimbursement of fees and other expenses, this chapter applies to the reimbursement of the fees and other expenses incurred in preparing for or prosecuting: (1) a proceeding under IC 4-21.5-5 to judicially review a final order ma…

Sec. 1.5. (a) In a proceeding conducted under IC 4-21.5-5, the court shall apply the standard described in IC 4-21.5-3-27.5 regarding an order for the payment of attorney's fees. (b) An order for the payment of attorney's fees under this section is not subject to sections 2, 3, a…

Sec. 2. In addition to any other compensation awarded in a civil action involving an agency as a party, the court having jurisdiction in the case may enter an order against the agency for the payment of the reasonable fees and other expenses of a party, if the court finds that: (…

Sec. 3. The court may not award fees or other expenses against an agency if: (1) the agency's only involvement in the case resulted from the agency's role as an arbiter of the legal rights, duties, immunities, privileges, or other legal interests of two (2) or more other parties;…

Sec. 4. A party may be awarded an amount under this chapter not exceeding ten thousand dollars ($10,000). However, if more than three (3) parties in a case are eligible for an award under this chapter, the total award made to all parties in the case may not exceed thirty thousand…

Sec. 5. The agency against which an order is entered under this chapter shall pay the award from any money appropriated to the agency. The court may order the state comptroller to draw a warrant upon the funds of the agency. The treasurer of state shall pay the warrant when any a…

Sec. 6. (a) Each agency subject to an order to pay fees or expenses or that pays fees or other expenses under this chapter shall report annually in an electronic format under IC 5-14-6 to the general assembly the amount of fees and other expenses ordered or paid during the preced…

Sec. 7. (a) This section applies to a class action against the state. (b) This section applies to an action filed after June 30, 2017. (c) Subject to the requirements of this chapter, a court shall not award attorney's fees without conducting a hearing. (d) A hearing to determine…

Sec. 1. Any person indebted or against whom a cause of action exists may personally appear in a court of competent jurisdiction, and, with the consent of the creditor or person having the cause of action, confess judgment in the action. Judgment shall be entered accordingly. [Pre…

Sec. 2. The debt or cause of action shall be briefly stated in a writing to be filed and copied into the judgment. The confession shall operate as a release of errors. [Pre-1998 Recodification Citation: 34-1-28-2.] As added by P.L.1-1998, SEC.50.

Sec. 3. Whenever a confession of judgment is made by power of attorney or otherwise, the party confessing shall, at the time the party confessing executes the power of attorney or confesses judgment, make affidavit stating that: (1) the debt is just and owing; and (2) the confess…

Sec. 1. The bail for stay of execution may be taken and approved by the clerk and the recognizance entered of record at any time before the stay of execution expires. The undertaking in the recognizance is for the payment of the judgment, interest, and costs that may accrue at or…

Sec. 10. (a) A stay of execution is not allowed upon any judgment recovered against any officer, person, or corporation, or the sureties of an officer, person, or corporation, for money received in a fiduciary capacity, or for a breach of any official duty. (b) The clerk shall im…

Sec. 11. When any court renders judgment against two (2) or more persons, any of whom are sureties for any other or others in the contract on which the judgment is founded, there shall be no stay of execution on the judgment if the sureties object at the time of rendering the jud…

Sec. 12. A surety for the stay of execution may file with the clerk an affidavit, stating that the surety truly believes that the surety will be liable for the judgment, interest, and costs unless execution issues immediately. The clerk shall immediately issue execution unless ot…

Sec. 13. If other sufficient bail is entered, it shall have the force of the original bail entered before the filing of the affidavit and shall discharge the original bail. [Pre-1998 Recodification Citation: 34-1-35-14.] As added by P.L.1-1998, SEC.51.

Sec. 2. When bail is entered after execution is issued, the clerk shall immediately notify the sheriff of the stay of execution. The sheriff shall immediately return the execution, noting the sheriff's actions on the execution. [Pre-1998 Recodification Citation: 34-1-35-3.] As ad…

Sec. 3. When execution issues for want of bail before the stay of execution expires, the clerk shall endorse on the execution: (1) the date of the judgment; and (2) that the execution is repleviable. [Pre-1998 Recodification Citation: 34-1-35-4.] As added by P.L.1-1998, SEC.51.…

Sec. 4. In a case described in section 3 of this chapter, the defendant may have a stay of execution for the remainder of the term of the stay of execution by putting in bail, approved by the sheriff, and endorsed on the stay and signed by the surety. [Pre-1998 Recodification Cit…

Sec. 5. The sheriff, having taken the bail, shall immediately return the execution, with the sheriff's actions noted on the execution to the clerk's office. The clerk shall copy the recognizance in the execution docket. The recognizance has the same force as if taken by the clerk…

Sec. 6. All: (1) property levied on before stay of execution; and (2) written undertakings for the delivery of personal property to the sheriff; shall be relinquished by the officer upon bail for the stay of execution being entered. [Pre-1998 Recodification Citation: 34-1-35-7.] …

Sec. 7. Every recognizance of bail, taken as provided in this chapter, has the effect of a judgment confessed, from the date of the recognizance, against the person and property of the bail. [Pre-1998 Recodification Citation: 34-1-35-8.] As added by P.L.1-1998, SEC.51.

Sec. 8. (a) An execution shall not be issued in any cause except on the written praecipe of: (1) a party to the suit; (2) the party's representatives or assigns; or (3) the party's attorney of record. (b) A fee bill shall not be issued unless the fee bill is ordered by the person…

Sec. 9. At the expiration of the stay, the clerk shall issue a joint execution against the property of all the judgment debtors and replevin bail. The sheriff shall first levy upon the property of the judgment defendants, if sufficient property can be found. If not, the sheriff s…

Sec. 1. This chapter applies to all cases in which: (1) an appeal is taken from: (A) a board of county commissioners, viewers, or commissioners to assess damages; or (B) any other person or tribunal; to the circuit court, superior court, or probate court; and (2) the appeal bond …

Sec. 2. The circuit court, superior court, or probate court shall not dismiss a case on account of the defect or informality of the appeal bond if the appellant, when required by the court to which the appeal is taken, files in the court a sufficient bond, with surety to the acce…

Sec. 3. In all appealed cases described in section 1 of this chapter, when costs have accrued so as to render the sum named in the appeal bond insufficient to secure the costs, the court in which the appeal is pending shall require the appellant to give an additional bond in such…

Sec. 1. (a) A written agreement to submit to arbitration is valid, and enforceable, an existing controversy or a controversy thereafter arising is valid and enforceable, except upon such grounds as exist at law or in equity for the revocation of any contract. If the parties to su…

Sec. 10. On written application of a party or, if an application to the court is pending under section 12, 13, or 14 of this chapter (or IC 34-4-2-12, IC 34-4-2-13, or IC 34-4-2-14 before their repeal), on submission to the arbitrators by the court under such conditions as the co…

Sec. 11. The arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. [Pre-1998 Recodification Citation: 34-4-2-11.] As added by P.L.1-1998, SEC.53.

Sec. 12. Upon application of a party, but not before ninety (90) days after the mailing of a copy of the award to the parties, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, …

Sec. 13. (a) Upon application of a party, the court shall vacate an award where: (1) the award was procured by corruption or fraud; (2) there was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the right…

Sec. 14. (a) Upon application made within ninety (90) days after mailing of a copy of the award to the applicant, the court shall modify or correct the award where: (1) there was an evident miscalculation of figures or an evident mistake in the description of any person, thing, o…

Sec. 15. Upon the granting of an order confirming, modifying, or correcting an award, judgment, or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto, and disbursement…

Sec. 16. Except as otherwise provided, an application to the court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice o…

Sec. 17. The term "court" means any circuit or superior court. The making of an agreement described in section 1 of this chapter providing for arbitration in Indiana confers jurisdiction on the court to enforce the agreement under and to enter judgment on an award thereunder. [Pr…

Sec. 18. An application, as provided for in section 3(a) of this chapter, shall be made to the court in the county where the adverse party resides or has a place of business or, if the adverse party has no residence or place of business in this state, to the court of any county. …

Sec. 19. (a) An appeal may be taken from: (1) an order denying an application to compel arbitration made under section 3 of this chapter (or IC 34-4-2-3 before its repeal); (2) an order granting an application to stay arbitration made under section 3(b) of this chapter (or IC 34-…

Sec. 2. Arbitration shall be initiated by a written notice by either party, mailed by registered or certified mail, or delivered to the other party, briefly stating a claim, the grounds for the claim and the amount or amounts. Issues shall be joined by written notice of admission…

Sec. 20. This chapter applies only to agreements made after August 18, 1969. [Pre-1998 Recodification Citation: 34-4-2-20.] As added by P.L.1-1998, SEC.53.

Sec. 21. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact similar arbitration statutes. [Pre-1998 Recodification Citation: 34-4-2-21.] As added by P.L.1-1998, SEC.53.

Sec. 22. This chapter may be cited as the Uniform Arbitration Act. [Pre-1998 Recodification Citation: 34-4-2-22.] As added by P.L.1-1998, SEC.53.

Sec. 3. (a) On application of a party showing an agreement described in section 1 of this chapter, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration. Ten (10) days notice in writing of the hearing of such application shal…

Sec. 4. If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence of such an agreement, any method of appointment of arbitrators agreed upon by the parties to the contract shall be followed. When an arbitrator appo…

Sec. 5. The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this chapter. [Pre-1998 Recodification Citation: 34-4-2-5.] As added by P.L.1-1998, SEC.53.