Title 34, CIVIL LAW AND PROCEDURE

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, …

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…

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 cou…

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.]…

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.

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.…

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.

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 nuisanc…

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 …

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 firear…

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 deve…

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 render…

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.

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 …

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 …

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.

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.

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.

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…

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 adde…

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 insuffi…

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 o…

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.

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 2. This chapter applies to a claim or suit in tort against any of the following: (1) The bureau of motor vehicles commission established by IC 9-14-9-1. (2…

Sec. 2.3. This chapter applies to a claim or suit in tort against the following: (1) The host committee for the NCSL 2020 Legislative Summit established under IC 2-5-41-7 (expired). (2) A member of the host committee. (3) The state coordinator of the host committee. As added by P…

Sec. 2.5. The addition of section 2(5) 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. Amended by P.L.111-2021, SEC.103.

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 b…

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,…

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 transportat…

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 ag…

Sec. 24. There is appropriated from the state general fund sufficient funds to: (1) settle claims and satisfy tort judgments obtained against the state; (2) pay interest on claims and judgments; and (3) subject to approval by the budget director, pay: (A) liability insurance prem…

Sec. 25. The attorney general shall present vouchers for the items or expenses described in section 24 of this chapter to the state comptroller. The state comptroller shall issue warrants on the treasury for the amounts presented. [Pre-1998 Recodification Citation: 34-4-16.5-22(b…

Note: This version of section amended by P.L.94-2026, SEC.77. See also preceding version of this section amended by P.L.74-2026, SEC.167. Sec. 3. (a) A governmental entity or an employee acting within the scope of the employee's employment is not liable if a loss results from the…

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…

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 governm…

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 agenc…

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 a…

Sec. 8. (a) Except as provided in section 9 of this chapter and subsection (b), a claim against a political subdivision is barred unless notice is filed with: (1) the governing body of that political subdivision; and (2) unless IC 27-1-29 has expired under IC 27-1-29-29, the Indi…

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…

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 t…

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 statio…

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 misapp…

Sec. 1. In every case contesting the right to an office, judgment shall be rendered upon the rights of the parties, and for any damages the relator shows the relator is entitled to, to the time of the judgment. [Pre-1998 Recodification Citation: 34-1-59-6.] As added by P.L.1-1998…

Sec. 2. (a) If judgment is rendered in favor of a person who claims to be the person entitled to hold the office: (1) that person shall proceed to exercise the functions of the office after the person has been qualified, as required by law; and (2) the court shall order the defen…

Sec. 3. If the defendant refuses or neglects to deliver the books and papers, pursuant to the order, the court or judge shall enforce the order by attachment and imprisonment. [Pre-1998 Recodification Citation: 34-1-59-8.] As added by P.L.1-1998, SEC.12.

Sec. 4. (a) This section applies to a judgment rendered in favor of the plaintiff. (b) If the plaintiff did not claim damages in the information, the plaintiff may file an action for the damages at any time within one (1) year after the judgment. [Pre-1998 Recodification Citation…