Title 34, CIVIL LAW AND PROCEDURE

Sec. 3. (a) Roller skaters are considered to: (1) have knowledge of; and (2) assume; the risks of roller skating. (b) For purposes of this chapter, risks of roller skating include the following: (1) Injuries that result from collisions or incidental contact with other roller skat…

Sec. 4. (a) Except as provided in subsection (b) and notwithstanding IC 34-51-2-6 concerning comparative fault, the assumption of risk under section 3 of this chapter is a complete defense to an action against an operator by a roller skater for injuries and property damage result…

Sec. 1. (a) In all cases where a change of venue is taken from one (1) county to another, the clerk of the circuit court or superior court of the county in which final disposition is made of the cause, shall, within sixty (60) days after the costs are paid, transmit by check to t…

Sec. 2. The clerk of the circuit court shall furnish a statement with each remittance of change of venue costs. Statements described in this section must: (1) show in detail the cause number in the county to which remittance is made, title of case, and the items of costs paid; an…

Sec. 1. This chapter applies when the records kept in the recorder's offices of the various counties: (1) contain records of instruments purporting to be deeds, mortgages, trust deeds, assignments, releases, or other instruments entitled to record by Indiana recording statutes; a…

Sec. 2. The records of instruments and certified copies of records of instruments described in section 1 of this chapter are admissible in evidence after the instruments have been recorded for twenty (20) years. [Pre-1998 Recodification Citation: 34-3-7-1 part.] As added by P.L.1…

Sec. 1. Privileged communications of health care provider peer review committees are governed by IC 34-30-15. [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.42.

Sec. 1. (a) A railroad entity subject to liability under the Federal Employers' Liability Act (45 U.S.C. 51), including liability for a violation of the Safety Appliance Act (49 U.S.C. 20302 et seq.) or the Locomotive Inspection Act (49 U.S.C. 20701 et seq.), has a right of actio…

Sec. 2. (a) In an action brought under this chapter, a trier of fact shall determine each person's: (1) percentage of fault; and (2) amount of damages consistent with the apportionment of fault under subdivision (1). (b) In an action brought under this chapter, legal requirements…

Sec. 3. (a) A railroad entity may enforce a right of contribution under this chapter in: (1) the original action brought against the railroad entity; or (2) a separate action brought for that purpose, if the original action is no longer pending. (b) If there is a judgment for dam…

Sec. 4. (a) If a railroad entity enforces a right of contribution in the original action brought against the railroad entity under section 3(a)(1) of this chapter, the plaintiff in the original action may seek to bifurcate the plaintiff's claim from the contribution claim of the …

Sec. 5. A defendant does not have a right of action of contribution against a third party under this chapter if liability in whole or in part relates to an occupational disease (as defined in IC 22-3-7-10). As added by P.L.107-2018, SEC.2.

Sec. 1. (a) This section applies to every endorsement of payment, satisfaction, or release, in whole or in part, that is noted: (1) on the record or margin of any judgment or decree; or (2) on an execution or order of sale issued on a judgment and signed by the: (A) judgment plai…

Sec. 1. The estate or interest of the judgment debtor in any real estate shall not be sold on execution until the rents and profits of the real estate has been first offered for sale at public auction for a period not exceeding seven (7) years. However, if the real estate does no…

Sec. 10. Previous notice of the time and place of the sale of any personal property on execution shall be given for ten (10) days successively by posting written notices of the sale in at least three (3) of the most public places in the township where the sale is to be made. [Pre…

Sec. 11. (a) Personal property shall not be sold unless the personal property is present and subject to the view of those persons attending the sale. (b) Personal property shall be sold at public auction, in such lots and parcels as calculated to bring the highest price. [Pre-199…

Sec. 12. If the property levied on does not sell for a sum sufficient to satisfy the execution, the sheriff shall: (1) make a further and sufficient levy, if sufficient property can be found; (2) proceed as upon the first levy; and (3) return the sheriff's actions on the further …

Sec. 13. The clerk, upon the return of an execution unsatisfied, shall issue another execution upon the judgment, and endorse on the execution the amount of money, if any, levied by the former execution. [Pre-1998 Recodification Citation: 34-1-39-9.] As added by P.L.1-1998, SEC.5…

Sec. 14. (a) Upon the sale of real estate, by virtue of an execution, and the payment of the purchase money, the sheriff making the sale (or in case of the sheriff's death or going out of office, the sheriff's successor) or any officer authorized to discharge the duties of the of…

Sec. 15. If the purchaser of real estate upon execution, who has paid the purchase money for the real estate, dies before a deed of conveyance is executed to the purchaser, the sheriff shall convey the real estate to the heirs or devisees of the deceased person. [Pre-1998 Recodif…

Sec. 16. (a) A sheriff who: (1) sells any real estate without giving the previous notice required by this chapter (or IC 34-1-39 before its repeal); or (2) sells the real estate otherwise than in the manner prescribed by this chapter; shall forfeit and pay to the injured party no…

Sec. 17. If a sheriff or the sheriff's agent making sale of property on execution directly or indirectly purchases the property, the sale is void. [Pre-1998 Recodification Citation: 34-1-39-13.] As added by P.L.1-1998, SEC.51.

Sec. 18. Whenever the purchaser of property sold on execution fails or refuses to pay the purchase money, the purchaser is liable, on motion made by the sheriff or the execution plaintiff or defendant in the proper court on five (5) days notice, to a judgment for the amount of: (…

Sec. 19. (a) As an alternative to the procedure set forth in section 18 of this chapter, the sheriff may reexpose and sell the property on the same or any subsequent day according to law. If the amount bid at the second sale does not equal the amount bid at the first sale and the…

Sec. 2. A sheriff shall sell property on execution in a manner that is reasonably likely to bring the highest net proceeds from the sale after deducting the expenses of the offer to sell and sale. [Pre-1998 Recodification Citation: 34-1-39-1.5(a).] As added by P.L.1-1998, SEC.51.…

Sec. 20. When an execution is issued to any county other than the county in which the judgment is rendered, return may be made by mail. However, money may not be sent by mail, except by the direction of the party entitled to the money or that party's attorney. [Pre-1998 Recodific…

Sec. 21. When property is sold on execution for more than will satisfy the execution, including interest and costs, the sheriff shall pay the overplus to the execution debtor on whom it was levied, or to the execution debtor's assigns, unless the execution debtor is notified of t…

Sec. 3. Upon prior petition of the debtor, any creditor involved in the execution proceedings, or, in the case of a partition action, any party having an interest in the property, the court in its order of execution shall order the property sold by the sheriff through the service…

Sec. 4. An auctioneer engaged by a sheriff under this chapter shall conduct the auctioneer's activities as appropriate to bring the highest bid for the property on execution. The advertising conducted by the auctioneer is in addition to any other notice required by law. [Pre-1998…

Sec. 5. (a) The auctioneer's fee shall be a reasonable amount stated in the court's order. (b) This subsection does not apply to a partition action. If the sale by use of an auctioneer has not been agreed to by the creditors in the proceedings and the sale price is less than the …

Sec. 6. Rents and profits may be sold as other property. [Pre-1998 Recodification Citation: 34-1-39-2.] As added by P.L.1-1998, SEC.51. Amended by P.L.45-2016, SEC.26.

Sec. 7. If rents and profits are sold under section 6 of this chapter (or IC 34-1-39-2 before its repeal), only the number of years of rents and profits not exceeding seven (7) years shall be sold as will satisfy the execution, and no more. The sheriff shall execute a lease to th…

Sec. 8. (a) Real estate, including chattels real, taken by virtue of an execution, shall be sold at public auction at: (1) the courthouse of the county in which the real estate is located; or (2) another location that is reasonably likely to draw higher bids for the real property…

Sec. 9. (a) A sale of real estate, on execution, shall be advertised by the sheriff for at least twenty (20) days successively, next before the day of sale, by: (1) posting written or printed notices of the sale in three (3) public places in the township in which the real estate …

Sec. 1. Whenever it appears by affidavit that a person is illegally held in custody or restraint and there is good reason to believe that the applicant: (1) will be carried out of the jurisdiction of the court or judge before whom the application is made; or (2) will suffer some …

Sec. 2. The court or judge may also, if considered necessary, insert in the warrant a command for the apprehension of the person charged with causing the illegal restraint. [Pre-1998 Recodification Citation: 34-1-57-20.] As added by P.L.1-1998, SEC.21.

Sec. 3. The officer shall execute the warrant by bringing the person named in the warrant before the court or judge, and the same return and proceedings shall be required as in case of writs of habeas corpus. [Pre-1998 Recodification Citation: 34-1-57-21.] As added by P.L.1-1998,…

Sec. 4. (a) Any writ or process authorized by this article may be issued and served on Sunday in cases of emergency. (b) The court or judge may make any temporary orders in the cause or disposition of the party, during the progress of the proceedings, that justice may require. Th…