Title 34, CIVIL LAW AND PROCEDURE

Sec. 5. The warning notice that must be printed on a sign under section 3 of this chapter and included in a written contract under section 4 of this chapter is as follows: WARNING Under Indiana law, an equine professional is not liable for an injury to, or the death of, a partici…

Sec. 1. In all cases, civil, criminal, or otherwise, where there is a change of venue from one (1) county to another, the county in which the cause originated and from which the change of venue is taken shall pay to the county to which the change of venue is taken all expenses in…

Sec. 10. The county council of each county shall provide for the payment of any claim filed in accordance with this chapter. [Pre-1998 Recodification Citation: 34-2-15-3 part.] As added by P.L.1-1998, SEC.31.

Sec. 11. (a) This section applies if: (1) a suit is instituted by any county for the recovery of any expenses incurred by the county on account of change of venue; or (2) a county is required to defend its claim for change of venue expenses. (b) The court trying the cause shall a…

Sec. 2. Expenses to be paid under section 1 of this chapter include the following: (1) The expense of keeping the prisoner, if any. (2) The expense of transporting the prisoner to or from any penal institution. (3) Any extraordinary expense for safekeeping the prisoner. (4) The f…

Sec. 3. If any of the amounts specified in section 2 of this chapter are paid by any party against whom costs are taxed under IC 33-37-4-8, the amount paid shall be refunded to the county of origin. [Pre-1998 Recodification Citation: 34-2-15-1(a) part.] As added by P.L.1-1998, SE…

Sec. 4. (a) Expenses shall be audited and allowed by the court to which the cause is venued. The allowance shall be certified by the court in duplicate to the auditor of the county, who shall: (1) retain one (1) of the certificates of allowance in the auditor's office; and (2) ma…

Sec. 5. Of any amount allowed for per diem of an official court reporter charged as expenses against the county of origin of any case, the sum of eight dollars ($8) shall be paid to the reporter as provided in this chapter. [Pre-1998 Recodification Citation: 34-2-15-1(b).] As add…

Sec. 6. Of the amount allowed for per diem of a bailiff charged as expenses against the county of origin of any case, the sum of five dollars ($5) shall be paid to the bailiff as provided in this chapter. [Pre-1998 Recodification Citation: 34-2-15-1(c).] As added by P.L.1-1998, S…

Sec. 7. Not more than one (1) per diem or charge for the official reporting or for use of facilities and utilities shall be made against any county of origin of the causes for the same day. However, if two (2) or more proceedings are conducted in two (2) or more separate causes f…

Sec. 9. (a) The county auditor of each county shall keep correctly the accounts of the auditor's county with the county: (1) from which the expenses of change of venue are due; or (2) to which the expenses are paid. (b) The county auditor shall transmit by registered mail all war…

Sec. 1. In actions for recovery of money, the jury must assess the amount of the recovery. [Pre-1998 Recodification Citation: 34-2-15-1(a) part.] As added by P.L.1-1998, SEC.32.

Sec. 2. In actions for the recovery of property, the jury must make the assessments required under IC 32-35-2-35. [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.32. Amended by P.L.2-2002, SEC.99.

Sec. 1. This chapter does not apply to judgments or orders that federal law requires to be given full faith and credit. As added by P.L.201-2021, SEC.1.

Sec. 2. As used in this chapter, "tribal court" refers to a tribal court established by the tribe. As added by P.L.201-2021, SEC.1.

Sec. 3. As used in this chapter, "tribe" means the Pokagon Band of the Potawatomi Indians, a federally recognized Indian tribe (as defined by IC 5-33.5-2-1) with tribal headquarters in Dowagiac, Michigan. As added by P.L.201-2021, SEC.1.

Sec. 4. The judgments, decrees, orders, warrants, subpoenas, records, and other judicial acts of a tribal court are recognized, have the same effect, and are subject to the same procedures, fees, defenses, and proceedings as judgments, decrees, orders, warrants, subpoenas, record…

Sec. 5. The recognition described in section 4 of this chapter applies only if the tribe or tribal court enacts an ordinance, court rule, or other binding measure that obligates the tribal court to enforce the judgments, decrees, orders, warrants, subpoenas, records, and other ju…

Sec. 6. A judgment, decree, order, warrant, subpoena, record, or other judicial act of a tribal court that has taken the actions described in section 5 of this chapter is presumed to be valid. To overcome this presumption, a party asserting an objection must demonstrate that the:…

Sec. 1. (a) This section applies to a deed that has been executed: (1) by an administrator, executor, guardian, sheriff, or commissioner of court; and (2) by virtue of any: (A) order, judgment, or decree of court; (B) will; or (C) sale made upon any execution issued on any judgme…

Sec. 2. Whenever: (1) any partition of real estate in any Indiana county has been made by judgment of any court in Indiana; and (2) the records of the court in which the proceedings for partition were held have been destroyed by fire; a certified transcript of the judgment of par…

Sec. 1. Privileged communications of mental health service providers are governed by IC 34-30-16. [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.42.

Sec. 1. Appeal bonds for appeals taken to circuit courts, superior courts, or probate courts are governed by IC 34-56-2. [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.45. Amended by P.L.84-2016, SEC.161.

Sec. 2. Federal agencies are exempt from appeal bond requirements under IC 34-56-3. [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.45.

Sec. 3. (a) An appeal bond that an appellant must post to stay execution on a judgment while an appeal is pending may not exceed twenty-five million dollars ($25,000,000) regardless of the total amount of the judgment. (b) Notwithstanding subsection (a), if an appellee proves by …

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…