Title 34, CIVIL LAW AND PROCEDURE

Sec. 6. This chapter shall be interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it. [Pre-1998 Recodification Citation: 34-3-2-6.] As added by P.L.1-1998, SEC.34.

Sec. 7. This chapter may be cited as the Uniform Judicial Notice of Foreign Law Act. [Pre-1998 Recodification Citation: 34-3-2-7.] As added by P.L.1-1998, SEC.34.

Sec. 1. Copies of the proceedings and judgments of any justice of the peace of any state or territory of the United States or of the District of Columbia: (1) certified by the hand and seal of: (A) the justice before whom the proceedings were held or judgments rendered; or (B) th…

Sec. 2. The unwritten or common law of any other of the United States or of the territories of the United States may be proved as facts by parol evidence. The books of reports of cases adjudged in the courts of other states or territories may also be admitted in evidence of the u…

Sec. 3. (a) The records and judicial proceedings of the several courts of record of or within the United States or the territories of the United States shall be admitted in Indiana courts as evidence when authenticated by attestation or certificate of the clerk or prothonotary, w…

Sec. 1. In a civil proceeding, a certified copy of a certificate of title is prima facie evidence of the ownership of a motor vehicle. [Pre-1998 Recodification Citation: 34-3-19-3.] As added by P.L.1-1998, SEC.36.

Sec. 1. This chapter applies when the record or any part of the record of any action, proceeding, order, judgment, or decree of any court in Indiana: (1) in which title to real estate has been determined; or (2) upon the authority of which any administrator's, executor's, guardia…

Sec. 2. When a record or part of a record described in section 1 of this chapter is destroyed, it shall be presumed that: (1) the court proceedings by which the title to the real estate was established or the deed was executed and the record of which has been destroyed were in al…

Sec. 3. In an action attacking the validity of: (1) the title of or conveyance of real estate; or (2) any such record, judgment, or decree; the record of which has been destroyed, the burden of proof is upon the person attacking the validity. [Pre-1998 Recodification Citation: 34…

Sec. 4. An action attacking the validity of: (1) an order, decree, or judgment described in section 1 of this chapter; or (2) the title established by or resulting from an order, decree, or judgment described in section 1 of this chapter; must be brought not later than one (1) ye…

Sec. 1. (a) Except as provided in subsections (b) and (c), the party producing a witness shall not be allowed to impeach the credibility of the witness by evidence of bad character. (b) The party producing a witness may impeach the credibility of the witness by evidence of bad ch…

Sec. 2. (a) This section applies when a witness, whether a party to the record or not: (1) is cross-examined to lay the foundation for impeachment of the witness by proof of an act or statement inconsistent with the testimony of the witness; (2) is asked if the witness did not do…

Sec. 1. This chapter applies to the following persons: (1) any person connected with, or any person who has been connected with or employed by: (A) a newspaper or other periodical issued at regular intervals and having a general circulation; or (B) a recognized press association …

Sec. 2. A person described in section 1 of this chapter shall not be compelled to disclose in any legal proceedings or elsewhere the source of any information procured or obtained in the course of the person's employment or representation of a newspaper, periodical, press associa…

Sec. 1. (a) This section applies to any proceeding in any court of record and of original jurisdiction authorized or empowered by law to: (1) punish for contempts of court; or (2) enforce its orders by contempt proceedings; whether the contempt proceedings are civil or criminal i…

Sec. 2. (a) For the purpose of procuring personal jurisdiction over a person who has allegedly violated a court order or who is otherwise in contempt of court, the court may issue a writ of attachment of the body of the person. (b) A writ of attachment issued under subsection (a)…

Sec. 3. This chapter shall be construed as supplemental to all laws: (1) concerning contempts of courts and punishments for contempts of court; or (2) providing for the enforcement of the lawful order of any such court. [Pre-1998 Recodification Citation: 34-4-9-3.] As added by P.…

Sec. 1. When personal property is taken in an execution of judgment, the execution defendant may, under IC 34-55-5-1, deliver to the sheriff a written undertaking, payable to the execution plaintiff, with sufficient surety, to obtain the return of the personal property. [1998 Rec…

Sec. 1. This chapter applies to any civil action arising out of tortious conduct. [Pre-1998 Recodification Citation: 34-4-37-3.] As added by P.L.1-1998, SEC.47.

Sec. 2. This chapter does not apply to a claim against the patient's compensation fund under IC 34-18-6, IC 27-12-6 (before its repeal), or IC 16-9.5-4 (before its repeal). [Pre-1998 Recodification Citation: 34-4-37-4.] As added by P.L.1-1998, SEC.47.

Sec. 3. This chapter does not impose liability for prejudgment interest on any part of a judgment that is awarded as punitive damages. [Pre-1998 Recodification Citation: 34-4-37-5.] As added by P.L.1-1998, SEC.47.

Sec. 4. This chapter does not impose liability for prejudgment interest on the state or any political subdivision (as those terms are defined in IC 34-6-2.1-193 and IC 34-6-2.1-155). [Pre-1998 Recodification Citation: 34-4-37-6.] As added by P.L.1-1998, SEC.47. Amended by P.L.186…

Sec. 5. This chapter does not apply if: (1) within nine (9) months after a claim is filed in the court, or any longer period determined by the court to be necessary upon a showing of good cause, one (1) or more of the parties against whom the claim is filed makes a written offer …

Sec. 6. This chapter does not apply if: (1) within one (1) year after a claim is filed in the court, or any longer period determined by the court to be necessary upon a showing of good cause, the party who filed the claim fails to make a written offer of settlement to the party o…

Sec. 7. The court may award prejudgment interest as part of a judgment. [Pre-1998 Recodification Citation: 34-4-37-9.] As added by P.L.1-1998, SEC.47.

Sec. 8. (a) If the court awards prejudgment interest, the court shall determine the period during which prejudgment interest accrues. However, the period may not exceed forty-eight (48) months. Prejudgment interest begins to accrue on the latest of the following dates: (1) Fiftee…

Sec. 9. The court shall compute the prejudgment interest at the simple rate of interest determined by the court. The rate set by the court may not be less than six percent (6%) per year and not more than ten percent (10%) per year. [Pre-1998 Recodification Citation: 34-4-37-11.] …

Sec. 1. In all actions, when United States Government stamps are required and used in original process, certificates, bonds, appraisements, deed of conveyance by sheriffs, and other instruments, the value of the stamp duties shall be taxed and collected as other costs in the acti…

Sec. 1. A person who knowingly: (1) procures another to: (A) execute as maker; or (B) endorse or assign; a cognovit note; (2) being the payee, endorsee, or assignee of the cognovit note, retains possession of the cognovit note; or (3) attempts to recover upon or enforce within In…

Sec. 10. (a) The lien of the levy upon the property shall continue, and the clerk, when directed by the plaintiff, shall immediately issue another execution: (1) reciting the return of the former execution and the levy and failure to sell; and (2) directing the sheriff to satisfy…

Sec. 11. Whenever any property levied upon remains unsold for want of buyers, the plaintiff may cause the property to be reoffered at any time before the return day of the execution, at the plaintiff's costs, as often as the plaintiff may direct. In case of the sale of the proper…

Sec. 5. It is not the duty of the sheriff to ascertain the amount of liens and encumbrances. However, either party may furnish the sheriff with a list of liens and encumbrances, with the amount and nature of each. [Pre-1998 Recodification Citation: 34-1-37-5.] As added by P.L.1-1…

Sec. 8. (a) Subject to subsection (b), where any property is sold subject to liens and encumbrances, the purchaser may: (1) pay the liens and encumbrances and hold the property discharged from all claims of the execution defendant; or (2) hold the property subject to be redeemed …

Sec. 9. When any property levied on remains unsold, the sheriff shall return the execution, stating in the sheriff's return the failure to sell and the cause of the failure. [Pre-1998 Recodification Citation: 34-1-37-9.] As added by P.L.1-1998, SEC.51. Amended by P.L.45-2016, SEC…

Sec. 1. This chapter applies when the record does not show the decision or grounds of an objection to the decision. [Pre-1998 Recodification Citation: 34-1-24-1 part.] As added by P.L.1-1998, SEC.52.

Sec. 2. The party objecting must, within the time allowed, present to the judge a proper bill of exceptions. [Pre-1998 Recodification Citation: 34-1-24-1 part.] As added by P.L.1-1998, SEC.52.

Sec. 3. If the bill of exceptions is true, the judge shall promptly: (1) sign the bill of exceptions; and (2) cause it to be filed in the cause. [Pre-1998 Recodification Citation: 34-1-24-1 part.] As added by P.L.1-1998, SEC.52.

Sec. 4. If the bill of exceptions is not true, the judge shall correct, sign, and cause the bill of exceptions to be filed without delay. [Pre-1998 Recodification Citation: 34-1-24-1 part.] As added by P.L.1-1998, SEC.52.

Sec. 5. When signed by the judge and filed, the bill of exceptions becomes a part of the record. Delay of the judge in signing and filing the bill of exceptions does not deprive the party objecting of the benefit of the bill of exceptions. [Pre-1998 Recodification Citation: 34-1-…

Sec. 6. The date of the presentation must be stated in the bill of exceptions, and the entry must show the time granted, if beyond the time, for presenting the same. [Pre-1998 Recodification Citation: 34-1-24-1 part.] As added by P.L.1-1998, SEC.52.

Sec. 1. This chapter applies to a civil action that is referred by a court to a dispute resolution center under rules adopted by the chief justice of Indiana under IC 34-57-3 (or IC 34-4-2.5 before its repeal) for alternative dispute resolution after the civil action was filed in…

Sec. 2. This chapter does not apply to matters covered by the Indiana Supreme Court Rules for Alternative Dispute Resolution. [Pre-1998 Recodification Citation: 34-4-42-2.] As added by P.L.1-1998, SEC.53.

Sec. 3. When a civil action is referred to a dispute resolution center under section 1 of this chapter, the court shall, except as otherwise provided under the rules adopted under IC 34-57-3 (or IC 34-4-2.5 before its repeal), suspend action on the case until the written agreemen…

Sec. 1. The court or judge, if satisfied of the truth of the allegation of sickness or infirmity under IC 34-25.5-3-5, may: (1) proceed to decide on the return; or (2) adjourn the hearing: (A) until the party can be produced; or (B) for other good cause. [Pre-1998 Recodification …

Sec. 2. The applicant may: (1) except to the sufficiency of, or controvert the return, or any part of the return; or (2) allege any new matter in avoidance. The new matter must be verified except in cases of commitment on a criminal charge. The return and pleadings may be amended…

Sec. 3. The court or judge shall proceed in a summary way to hear and determine the cause. If no legal cause is shown for the restraint or for the continuation of the restraint, the court shall discharge the applicant. [Pre-1998 Recodification Citation: 34-1-57-12.] As added by P…