Title 34, CIVIL LAW AND PROCEDURE

Sec. 5. The supreme court may regulate all procedures described in this chapter by rules. [Pre-1998 Recodification Citation: 34-2-35-2 part.] As added by P.L.1-1998, SEC.2.

Sec. 1. A person who is under legal disabilities when the cause of action accrues may bring the action within two (2) years after the disability is removed. [Pre-1998 Recodification Citation: 34-1-2-5.] As added by P.L.1-1998, SEC.6.

Sec. 2. A contract, sale, release, or conveyance executed by a person after reaching the person's eighteenth birthday may not be avoided by the person on the grounds that, at the time the agreement was executed, the person was acting under a legal disability by reason of the pers…

Sec. 1. (a) An appeal allowed by statute from any action or decision of: (1) a board of a city; (2) the legislative body of a city if it performs the functions of a board; or (3) the legislative body of a town; shall be filed as an original complaint against the city or town in t…

Sec. 2. A pleading is not required by the municipality to the complaint on appeal since the allegations of the complaint are considered to be denied. The municipality may file a motion to dismiss the complaint by presenting any question of law regarding the sufficiency of the com…

Sec. 3. (a) If more than one (1) appeal is taken from a proceeding and the appeals are filed in the same or different courts, any party to an appeal may file in the court a motion stating that justice will be best served by consolidating the appeals. The party shall serve notice …

Sec. 4. (a) The decisions of the board or council appealed from are conclusive on all parties except the party appealing. The decision appealed from is considered prima facie correct and the burden of proof in all appeals is on the party appealing. (b) All appeals shall be tried …

Sec. 5. (a) If the court finds that the action or decision of the board or council appealed from should in all things be affirmed, its judgment must state that, naming the board or council and the proceedings in which the appeal is taken. Judgment for costs shall then be rendered…

Sec. 6. A change of venue from the county is not allowed in the appeal, but a change of judge shall be allowed as provided for civil actions. A petition for rehearing may be filed by any party within fifteen (15) days after the decision, order, and judgment of the court. Pending …

Sec. 7. (a) If on appeal: (1) the amount of an award of damages is increased; or (2) the amount of an assessment of benefits is reduced; the municipality is liable to the plaintiff for the increase in the award of damages and is liable to the party entitled to them for a reductio…

Sec. 8. An appeal takes precedence over other pending litigation and shall be tried and determined by the court at as early a date as practical. [Pre-1998 Recodification Citation: 34-4-17.5-8.] As added by P.L.1-1998, SEC.8.

Sec. 1. (a) The patient's compensation fund is created to be collected and received by the commissioner for exclusive use for the purposes stated in this article. (b) The fund and any income from the fund shall be held in trust, deposited in a segregated account, invested, and re…

Sec. 2. (a) The commissioner, using money from the fund, as considered necessary, appropriate, or desirable, may purchase or retain the services of persons, firms, and corporations to aid in protecting the fund against claims. The commissioner shall retain the services of counsel…

Sec. 4. (a) Claims for payment from the patient's compensation fund must be computed and paid not later than sixty (60) days after the issuance of a court approved settlement or final nonappealable judgment. (b) If the balance in the fund is insufficient to pay in full all claims…

Sec. 5. The state comptroller shall issue a warrant in the amount of each claim submitted to the state comptroller against the fund not later than sixty (60) days after the issuance of a court approved settlement or final nonappealable judgment. The only claim against the fund sh…

Sec. 6. (a) If an annual aggregate for a health care provider qualified under this article has been paid by or on behalf of the health care provider, all amounts that may subsequently become due and payable to a claimant arising out of an act of malpractice of the health care pro…

Sec. 7. The following are exempt from IC 5-22 governing state purchasing: (1) Technical contractual personnel and services retained by the commissioner for protecting and administering the patient's compensation fund. (2) Purchasing of annuities for structuring settlements from t…

Sec. 1. The defenses in this chapter are defenses to an action brought under this article (or IC 33-1-1.5 before its repeal). [Pre-1998 Recodification Citation: 33-1-1.5-4(a) part.] As added by P.L.1-1998, SEC.15.

Sec. 2. The burden of proof of any defense raised in an action under this article (or IC 33-1-1.5 before its repeal) is on the party raising the defense. [Pre-1998 Recodification Citation: 33-1-1.5-4(a) part.] As added by P.L.1-1998, SEC.15.

Sec. 3. It is a defense to an action under this article (or IC 33-1-1.5 before its repeal) that the user or consumer bringing the action: (1) knew of the defect; (2) was aware of the danger in the product; and (3) nevertheless proceeded to make use of the product and was injured.…

Sec. 4. It is a defense to an action under this article (or IC 33-1-1.5 before its repeal) that a cause of the physical harm is a misuse of the product by the claimant or any other person not reasonably expected by the seller at the time the seller sold or otherwise conveyed the …

Sec. 5. It is a defense to an action under this article (or IC 33-1-1.5 before its repeal) that a cause of the physical harm is a modification or alteration of the product made by any person after the product's delivery to the initial user or consumer if the modification or alter…

Sec. 0.5. This chapter does not apply to a case involving or growing out of a labor dispute covered by IC 22-6-1. As added by P.L.221-2003, SEC.11.

Sec. 1. As used in this chapter, "course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, indicating a continuity of purpose, that includes the following: (1) Following or stalking an employee to or from the employee's plac…

Sec. 10. A defendant shall be personally served with a copy of the petition, temporary restraining order, if any, and a notice of the hearing not less than five (5) days before the hearing. However, the court may, for good cause, upon the filing of a motion by a plaintiff or upon…

Sec. 11. The court shall order a plaintiff or the attorney for a plaintiff to deliver a copy of each: (1) temporary restraining order; (2) injunction; (3) modification of a temporary restraining order or an injunction; and (4) termination of a temporary restraining order or an in…

Sec. 12. An intentional violation of a temporary restraining order or an injunction issued under this chapter is punishable as set forth under IC 35-46-1-15.1. As added by P.L.133-2002, SEC.57.

Sec. 13. (a) The office of judicial administration shall develop forms, instructions, and rules for the scheduling of hearings and other procedures under this chapter. A party to an action under this chapter must use the forms developed by the office of judicial administration. (…

Sec. 14. A filing fee may not be charged for a petition that alleges that a person has: (1) inflicted or threatened violence against an employee of the plaintiff; (2) stalked an employee of the plaintiff; or (3) spoken in a manner that has placed an employee in reasonable fear of…

Sec. 15. This chapter may not be construed to: (1) permit a court to issue a temporary restraining order or an injunction that prohibits speech or any other activity that is constitutionally protected or otherwise protected by another law; (2) prevent either party from representa…

Sec. 2. As used in this chapter, "credible threat of violence" means a knowing and willful statement or course of conduct that does not serve a legitimate purpose and that causes a reasonable person to fear for the person's safety or for the safety of the person's immediate famil…

Sec. 3. As used in this chapter, "employee" means: (1) a person employed or permitted to work or perform a service for remuneration; (2) a member of a board of directors for a private, public, or quasi-public corporation; (3) an elected or appointed public officer; and (4) a volu…

Sec. 4. As used in this chapter, "employer" means: (1) an individual; (2) a partnership; (3) an association; (4) a limited liability company; (5) a corporation; (6) a business trust; (7) the state; (8) a governmental agency; or (9) a political subdivision; that has at least two (…

Sec. 5. As used in this chapter, "unlawful violence", except for lawful acts of self-defense or defense of others, means battery under IC 35-42-2 or stalking under IC 35-45-10. As added by P.L.133-2002, SEC.57.

Sec. 6. An employer may seek a temporary restraining order or injunction on behalf of an employee to prohibit further violence or threats of violence by a person if: (1) the employee has suffered unlawful violence or a credible threat of violence from the person; and (2) the unla…

Sec. 7. A plaintiff may obtain a temporary restraining order under section 6 of this chapter by filing a petition for an injunction if the plaintiff: (1) files an affidavit that shows, to the satisfaction of the court, reasonable proof that an employee has suffered unlawful viole…

Sec. 8. A court shall hold a hearing not more than fifteen (15) days after a petition for an injunction is filed under section 7 of this chapter. The defendant may file a cross-complaint or a responsive pleading that explains, excuses, justifies, or denies the alleged unlawful vi…

Sec. 9. An injunction issued under section 8 of this chapter may remain in effect for not more than three (3) years. Not more than three (3) months before the expiration of an injunction, a plaintiff may apply for a renewal of the injunction by filing a new petition under section…

Sec. 1. Whenever a person who is not a resident of Indiana: (1) is arrested or stopped for a misdemeanor violation or infraction under: (A) IC 9-18.1-14.5; (B) IC 14-15-2 through IC 14-15-7; (C) IC 14-16-1; or (D) IC 14-22; and (2) is not immediately taken to court; the person ma…

Sec. 2. A court having jurisdiction shall provide a list of security deposits, which shall be equal to the fine or judgment and costs of the offense, and a security deposit agreement to serve as a receipt for the deposit. A nonresident person who does not choose to deposit a secu…

Sec. 3. The agreement for security deposit and the written promise or notice to appear in court must contain a citation of the violation, the name and address of the nonresident person accused of committing the violation, and the time and place the person must appear in court. [P…

Sec. 4. The time specified for appearance must be at least five (5) days after the arrest or stop unless the person demands an earlier arraignment. The place specified for appearance must be in a court having jurisdiction within the county where the person was arrested or given n…

Sec. 5. The agreement for the security must also contain a provision whereby the nonresident person agrees that the court shall take permanent possession of the deposit, and if the person fails to appear in court or is not represented in court, a guilty finding or an adverse judg…

Sec. 6. A nonresident person must, by the date required on the security deposit agreement, appear in court, be represented in court, or deliver to the court by mail or courier the amount of the fine or judgment and costs prescribed for the violation. [Pre-1998 Recodification Cita…

Sec. 7. A nonresident person who requests to deposit a security in the amount of the fine or judgment and costs shall, in the presence of the officer, place the amount of the fine or judgment and costs and one (1) signed copy of the security deposit agreement into a stamped, addr…

Sec. 1. Except as provided in section 2 of this chapter, a person is not liable for any loss that results from an action taken or lack of an action by that person: (1) during an emergency; and (2) with intent to prevent or minimize harm from the emergency. [Pre-1998 Recodificatio…