Title 34, CIVIL LAW AND PROCEDURE

Sec. 2. (a) Except as provided in subsection (b), for a health care provider to be qualified under this article, the health care provider or the health care provider's insurance carrier shall: (1) cause to be filed with the commissioner proof of financial responsibility establish…

Sec. 3. (a) Except as provided in subsection (b), the officers, agents, and employees of a health care provider, while acting in the course and scope of their employment, may be qualified under this chapter if the following conditions are met: (1) The officers, agents, and employ…

Sec. 4. (a) As used in this section, "employee of a governmental entity" has the meaning set forth in IC 34-6-2.1-54. (b) As used in this section, "governmental entity" has the meaning set forth in IC 34-6-2.1-77. (c) A claim against a governmental entity or an employee of a gove…

Sec. 5. (a) Except as provided in subsection (b), the receipt of proof of financial responsibility and the surcharge constitutes compliance with section 2 of this chapter: (1) as of the date on which they are received; or (2) as of the effective date of the policy; if this proof …

Sec. 6. Within five (5) business days after the department of insurance receives the information required under section 2 of this chapter for the qualification of a health care provider, the commissioner shall notify the health care provider of the following: (1) Whether the prov…

Sec. 7. (a) The commissioner shall adopt rules under IC 4-22-2 to establish the following: (1) Criteria for determining, upon application, whether a corporation, limited liability company, partnership, or professional corporation is subject to IC 34-18-2-14(7) and thus is eligibl…

Sec. 1. (a) This section applies to all persons regardless of minority or legal disability. Notwithstanding IC 34-11-6-1, this section applies in any product liability action in which the theory of liability is negligence or strict liability in tort. (b) Except as provided in sec…

Sec. 2. (a) A product liability action that is based on: (1) property damage resulting from asbestos; or (2) personal injury, disability, disease, or death resulting from exposure to asbestos; must be commenced within two (2) years after the cause of action accrues. The subsequen…

Sec. 0.2. The addition of IC 34-4-30-3 (before its repeal, now codified at section 4 of this chapter) by P.L.316-1987 does not apply to a cause of action accruing before April 27, 1987. As added by P.L.220-2011, SEC.560.

Sec. 0.5. As used in this chapter, "loss" includes expenses incurred in securing a computer system or computer network against unauthorized intrusion. As added by P.L.153-2017, SEC.8.

Sec. 1. If a person has an unpaid claim on a liability that is covered by IC 24-4.6-5 or suffers a pecuniary loss as a result of a violation of IC 25-37.5, IC 35-43, IC 35-42-3-3, IC 35-42-3-4, IC 35-45-9, or IC 35-46-10, the person may bring a civil action against the person who…

Sec. 1.5. (a) If a prospective adoptive parent suffers pecuniary loss as a result of a violation of IC 35-46-1-9.5, the prospective adoptive parent may bring a civil action against a person who benefits from adoption related expenses in violation of IC 35-46-1-9.5, even if the pe…

Sec. 2. (a) For purposes of determining the amount of damages recoverable under section 1(1) of this chapter, there is an irrebuttable presumption that a retailer who brings a civil action under this chapter (or IC 34-4-30 before its repeal) as the result of a violation of IC 35-…

Sec. 3. It is not a defense to an action for punitive damages that the defendant is subject to criminal prosecution for the act or omission that gave rise to the civil action. However, a person may not recover both: (1) punitive damages; and (2) the amounts provided for under sec…

Sec. 4. This chapter does not apply to a person who suffers pecuniary damages as a result of the operation of a vehicle in violation of IC 35-43-1-2 or IC 35-43-2-2, unless the damage was intentionally inflicted. [Pre-1998 Recodification Citation: 34-4-30-3(b).] As added by P.L.1…

Sec. 5. If a victim suffers a pecuniary loss as a result of a violation of IC 35-42-2-10 (female genital mutilation), the victim may bring a civil action against the person in violation of IC 35-42-2-10, even if the person has not been prosecuted or convicted of the offense under…

Sec. 1. (a) This section applies to: (1) all officers who may collect money by virtue of their office, including: (A) clerks of the circuit and superior courts; (B) sheriffs; and (C) constables; (2) executors; (3) administrators; (4) guardians; and (5) trustees. (b) Persons descr…

Sec. 10. The garnishee may not be compelled to pay or perform any contract in any other manner or at any other time, than the garnishee would be bound to do for the defendant. [Pre-1998 Recodification Citation: 34-1-11-28.] As added by P.L.1-1998, SEC.20.

Sec. 11. A garnishee may pay money the garnishee owes to the defendant to the sheriff or into court and is discharged from liability to the defendant for the amount of money paid to the sheriff or into court that does not exceed the plaintiff's claim. [Pre-1998 Recodification Cit…

Sec. 12. (a) This section applies to a garnishee or an officer of a corporation summoned as a garnishee. (b) Five (5) or more days after being served with the summons, the garnishee may be examined under oath in open court. (c) If the examination reveals that at the time the summ…

Sec. 13. At any time before the final judgment in the suit, any creditor of the defendant, upon filing an affidavit and written undertaking, as required of an attaching creditor, may do the following: (1) Become a party to the action, file a complaint, and prove the claim or dema…

Sec. 14. (a) If: (1) judgment in the action is rendered for the plaintiff, or one (1) or more of several plaintiffs; and (2) sufficient proof is made of the goods, chattels, rights, credits, money, and effects in the possession of the garnishee; the court shall also give judgment…

Sec. 15. (a) In addition to other proceedings, this section applies to proceedings supplementary to execution involving a depository financial institution under IC 28-9. (b) A person, whether designated as a garnishee defendant, an income payor, or otherwise, who complies with wh…

Sec. 2. (a) In all personal actions arising upon contract, express or implied, or upon a judgment or decree of any court, if at the time the action is commenced or at any time afterwards, whether a writ of attachment has been issued or not, the plaintiff, or a person representing…

Sec. 3. From the day of the service of the summons, the garnishee is accountable to the plaintiff in the action for the amount of money, property, or credits in the garnishee's possession or due and owing from the garnishee to the defendant. [Pre-1998 Recodification Citation: 34-…

Sec. 4. (a) This section applies to an officer or agent of an association or corporation and every other person summoned as a garnishee. (b) A person described in subsection (a) shall, when served, or not later than five (5) days after being served the summons, furnish the sherif…

Sec. 5. (a) This section applies to a garnishee who is summoned and: (1) fails to appear and provide discovery as required by law; or (2) fails to answer or demur to the matters set forth against the garnishee in the affidavit, additional complaint, or interrogatories. (b) When a…

Sec. 6. If the plaintiff or person representing the plaintiff files an affidavit with the clerk stating that the plaintiff or person: (1) fears that the garnishee will abscond before judgment with intent to defraud the plaintiff; and (2) believes that the garnishee: (A) has money…

Sec. 7. The court shall not render final judgment against the garnishee until the action against the defendant has been determined. If the plaintiff fails to recover judgment either against the defendant or the garnishee, the garnishee shall be discharged and recover costs. [Pre-…

Sec. 8. The return of "no property found" upon the order of attachment does not affect the proceedings against the garnishee. [Pre-1998 Recodification Citation: 34-1-11-26.] As added by P.L.1-1998, SEC.20.

Sec. 9. (a) If the plaintiff wins judgment against the defendant and before the judgment the garnishee: (1) delivers to the sheriff: (A) all the defendant's goods and chattels, or other effects in the garnishee's possession subject to execution; or (B) an inventory of the items d…

Sec. 1. Upon petition by any party, the court may enjoin the posting of, or may order the removal of, handbills, notices, or other written material on telephone or utility poles in any case in which the court finds that to allow the posting, or permit the posting to continue, wou…

Sec. 1. An action for mandate may be prosecuted against any inferior tribunal, corporation, public or corporate officer, or person to compel the performance of any: (1) act that the law specifically requires; or (2) duty resulting from any office, trust, or station. [Pre-1998 Rec…

Sec. 2. (a) Except as provided in subsection (b), in an action for mandate, as in other civil actions: (1) the complaint must be verified; (2) the summons must be issued, or publication made, and proof of service and notice made; and (3) the person, body, or tribunal defendant sh…

Sec. 3. (a) An action for mandate shall stand for trial, and as in other civil actions, the court hearing the action may: (1) join issues of law and fact; (2) grant amendments, continuances, and appeals; and (3) render final judgments. (b) In actions for mandate, if the finding a…

Sec. 4. (a) All defendants served with process or notified by publication in an action for mandate shall: (1) take notice of the judgment and mandate of the court in the case; and (2) promptly perform the mandate issued by the court. (b) Obedience to a judgment and mandate is enf…

Sec. 1. This chapter applies to a person who wishes to participate in professional automobile or motorcycle racing events. [Pre-1998 Recodification Citation: 34-4-44.2-1.] As added by P.L.1-1998, SEC.24.

Sec. 2. (a) This section applies to: (1) a circuit or superior court that has jurisdiction in the county in which the minor resides or is employed; or (2) if the minor neither resides in nor is employed in Indiana, the circuit or superior court that has jurisdiction in the county…

Sec. 3. A minor who has been partially emancipated under this chapter (or IC 34-4-44.2 before its repeal) may not avoid a contract, a liability release, or an indemnity agreement referred to in a court order issued under this chapter (or IC 34-4-44.2 before its repeal) by allegin…

Sec. 1. A person arrested contrary to this article shall be immediately discharged, on motion before the court issuing the process, or on habeas corpus. [Pre-1998 Recodification Citation: 34-4-11-3 part.] As added by P.L.1-1998, SEC.25.

Sec. 2. A person arrested contrary to this article may recover from the person arresting or causing the arrest: (1) twenty dollars ($20) in damages; or (2) a greater amount in the discretion of the jury. [Pre-1998 Recodification Citation: 34-4-11-3 part.] As added by P.L.1-1998, …

Sec. 0.1. The addition of section 2 of this chapter by P.L.17-2001 applies only to a cause of action that accrues after June 30, 2001. The enactment of section 2 of this chapter by P.L.17-2001 may not be considered in determining liability for a cause of action that accrues befor…

Sec. 1. An operator that allows the land or premises of the operator to be used by another person without compensation for the purpose of gleaning agricultural products is immune from civil liability to the person if the person is injured while on the land or premises of the oper…

Sec. 2. (a) The definitions set forth in IC 22-11-20 apply to this section. (b) Except as provided in subsection (c), the victim or an agent of the victim of a theft (IC 35-43-4-2(a)) or criminal conversion (IC 35-43-4-3) of: (1) anhydrous ammonia (NH3); (2) an ammonia solution; …

Sec. 1. The Tort Claims Act provides a cap on liability of governmental entities and public employees in certain circumstances (IC 34-13-3). [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.27.

Sec. 1. (a) This chapter applies to: (1) a nonresident; (2) a resident of Indiana who becomes a nonresident; or (3) the authorized agent of a person described in subdivision (1) or (2); who operates a motor vehicle upon a public street or highway or any other place in Indiana. (b…