Title 34, CIVIL LAW AND PROCEDURE

Sec. 0.2. The addition of IC 34-4-35-1 (before its repeal, now codified in section 1 of this chapter) by P.L.201-1986 does not apply to actions accruing before September 1, 1986. As added by P.L.220-2011, SEC.577.

Sec. 1. In a tort action for personal injuries tried by a jury, the court shall, if requested, instruct the jury that the jury may not consider the tax consequences, if any, of its verdict. [Pre-1998 Recodification Citation: 34-4-35-1.] As added by P.L.1-1998, SEC.47.

Sec. 1. Parties may, either with or without process, by agreement, submit any matter of controversy between the parties to a court that would otherwise have jurisdiction of the cause, upon an agreed statement of facts to be made out and signed by the parties. However, it must app…

Sec. 2. The record consists of the following: (1) The statement of the case. (2) The submission. (3) The judgment. [Pre-1998 Recodification Citation: 34-1-29-2.] As added by P.L.1-1998, SEC.50.

Sec. 3. The judgment may be enforced in the same manner as if it had been rendered in an action. Costs may be enforced in the same manner as if the judgment had been rendered in an action. The judgment is subject to an appeal, unless otherwise provided in the submission. [Pre-199…

Sec. 1. (a) Any personal property taken in execution may be returned to the execution defendant by the sheriff, upon the delivery by the defendant to the sheriff of a written undertaking described in subsection (b). (b) The written undertaking must be: (1) payable to the executio…

Sec. 3. In case of the nondelivery of the property according to the undertaking, the sheriff shall levy upon and sell the property, or any other property of the defendant, as soon as practicable, at any time before the return day of the execution. [Pre-1998 Recodification Citatio…

Sec. 4. Upon the forfeiture of the written undertaking, the officer shall immediately return it endorsed "forfeited" to the clerk's office for the use of the plaintiff. [Pre-1998 Recodification Citation: 34-1-38-4.] As added by P.L.1-1998, SEC.51.

Sec. 5. The written undertaking is valid in law. An action may be brought on the written undertaking, whenever the condition of the written undertaking is broken, and on recovery. The value of the property so taken, with damages not exceeding ten percent (10%) on the value, shall…

Sec. 6. On judgment obtained on the written undertaking, execution shall issue immediately, without stay, returnable in thirty (30) days, and the sheriff shall not return to the execution defendant any property levied on, except upon payment of the judgment. [Pre-1998 Recodificat…

Sec. 1. (a) This chapter is applicable only to the family law matters described in section 2 of this chapter and does not apply to any other type of arbitration. An appellate court opinion interpreting or construing this chapter has precedential value only for family law arbitrat…

Sec. 10. A family law arbitrator may modify an award after making written findings of fact and conclusions of law if: (1) a party makes a fraudulent misrepresentation during the arbitration; (2) the family law arbitrator is ordered to modify the award on remand; or (3) both parti…

Sec. 11. An appeal may be taken after the entry of judgment under section 7(d) of this chapter as may be taken after a judgment in a civil action. As added by P.L.112-2005, SEC.2.

Sec. 12. (a) Except as provided in subsection (b), fees for the family law arbitrator shall be shared equally by both parties unless otherwise agreed in writing. (b) The family law arbitrator may order a party to pay: (1) a reasonable amount for the cost to the other party of: (A…

Sec. 13. The Indiana Supreme Court Rules for Alternative Dispute Resolution apply to family law arbitration in all matters not covered by this chapter. As added by P.L.112-2005, SEC.2.

Sec. 2. (a) In an action: (1) for the dissolution of a marriage; (2) to establish: (A) child support; (B) custody; or (C) parenting time; or (3) to modify: (A) a decree; (B) a judgment; or (C) an order; entered under IC 31; both parties may agree in writing to submit to arbitrati…

Sec. 3. Unless both parties agree in writing to repudiate the agreement, an agreement to submit to arbitration by a family law arbitrator under this chapter is: (1) valid; (2) irrevocable; and (3) enforceable; until the judgment is entered in the matter in which arbitration has t…

Sec. 4. For arbitration to take place under this chapter, at least one (1) of the parties must have been: (1) a resident of Indiana; or (2) stationed at a United States military installation in Indiana; for at least six (6) months immediately preceding the filing of the petition …

Sec. 5. (a) A family law arbitrator shall comply with the: (1) child support; and (2) parenting time; guidelines adopted by the Indiana supreme court in family law arbitration if there is a child of both parties to the marriage. (b) Before assuming the duties of a family law arbi…

Sec. 6. (a) A record of the proceeding in family law arbitration may be requested by either party if written notice is given to the family law arbitrator not more than fifteen (15) days after the family law arbitrator has been selected. (b) Written notice under subsection (a) mus…

Sec. 7. (a) Except as provided in subsection (b), the family law arbitrator shall make written findings of fact and conclusions of law not later than thirty (30) days after the hearing. (b) If both parties consent, the period for the family law arbitrator to make written findings…

Sec. 8. (a) In a dissolution of marriage case, the family law arbitrator shall: (1) divide the property of the parties, regardless of whether the property was: (A) owned by either party before the marriage; (B) acquired by either party in his or her own right: (i) after the marri…

Sec. 9. In a dissolution of marriage case, at least sixty (60) days after the petition or cause of action is filed, the family law arbitrator may enter a summary dissolution decree without holding a hearing if verified pleadings have been filed with the family law arbitrator, sig…

Sec. 1. (a) Except as provided in subsection (b), the court or judge shall not inquire into the legality of any judgment or process by which the party is in custody, or discharge the party when the term of commitment has not expired in any of the following cases: (1) Upon process…

Sec. 2. (a) A person shall not be discharged from an order of commitment issued by any judicial or peace officer: (1) for want of bail, or in cases not bailable, on account of a defect in the charge or process; or (2) for alleged want of probable cause. (b) In cases described in …

Sec. 3. The writ may be used for the purpose of letting a prisoner to bail in civil and criminal actions. [Pre-1998 Recodification Citation: 34-1-57-15.] As added by P.L.1-1998, SEC.21.

Sec. 4. When any person has an interest in the detention, the prisoner shall not be discharged until the person having an interest in the detention is notified. [Pre-1998 Recodification Citation: 34-1-57-16.] As added by P.L.1-1998, SEC.21.

Sec. 5. A sheriff or other officer shall not be liable to a civil action for obeying a writ of habeas corpus or an order of discharge made pursuant to a writ of habeas corpus. [Pre-1998 Recodification Citation: 34-1-57-18.] As added by P.L.1-1998, SEC.21.