Title 34, CIVIL LAW AND PROCEDURE

Sec. 8. As used in this chapter, "person" means an individual, governmental entity, corporation, limited liability company, partnership, unincorporated association, or other legal or commercial entity. As added by P.L.3-2011, SEC.1.

Sec. 9. An activity may be an agritourism activity whether or not a participant provides monetary or other valuable compensation to participate in the activity. As added by P.L.3-2011, SEC.1.

Sec. 1. This chapter applies when: (1) money is tendered in settlement of a demand; (2) the settlement is refused; and (3) the money is brought into court to keep the tender good. [Pre-1998 Recodification Citation: 34-2-24-1 part.] As added by P.L.1-1998, SEC.50.…

Sec. 2. If the court or jury trying the case finds that a less sum is due on the demand than the amount tendered and brought into court, the person refusing the tender shall receive no more of the sum paid into court than the court or jury trying the case finds is due on the dema…

Sec. 1. The following real estate is liable to all judgments and attachments and to be sold on execution against the debtor owing the real estate or for whose use the real estate is held: (1) All lands of the judgment debtor, whether in possession, remainder, or reversion. (2) Al…

Sec. 2. All final judgments for the recovery of money or costs in the circuit court and other courts of record of general original jurisdiction in Indiana, whether state or federal, constitute a lien upon real estate and chattels real liable to execution in the county where the j…

Sec. 3. Judgments on bonds payable to the state of Indiana bind the real estate of the debtor from the commencement of the action. [Pre-1998 Recodification Citation: 34-1-45-3.] As added by P.L.1-1998, SEC.51.

Sec. 4. A recognizance binds the real estate of the principal from the time it is taken. A recognizance only binds the real estate of the surety, however, from the time judgment of forfeiture is rendered. [Pre-1998 Recodification Citation: 34-1-45-4.] As added by P.L.1-1998, SEC.…

Sec. 5. An execution against property issued to another county binds the real estate of the defendant from the time of the levy. [Pre-1998 Recodification Citation: 34-1-45-5.] As added by P.L.1-1998, SEC.51.

Sec. 1. This chapter provides for the establishment of medical review panels to review proposed malpractice complaints against health care providers covered by this article. [Pre-1998 Recodification Citation: 27-12-10-1.] As added by P.L.1-1998, SEC.13.

Sec. 10. Within ten (10) days after the selection of a panel member, written challenge without cause may be made to the panel member. Upon challenge or excuse, the party whose appointee was challenged or dismissed shall select another panelist. If the challenged or dismissed pane…

Sec. 11. When a medical review panel is formed, the chairman shall within five (5) days notify the commissioner and the parties by registered or certified mail of the following: (1) The names and addresses of the panel members. (2) The date on which the last member was selected. …

Sec. 12. (a) A member of a medical review panel who is selected under this chapter shall serve unless: (1) the parties by agreement excuse the panelist; or (2) the panelist is excused as provided in this section for good cause shown. (b) To show good cause for relief from serving…

Sec. 13. (a) The panel shall give its expert opinion within one hundred eighty (180) days after the selection of the last member of the initial panel. However, if: (1) the chairman of the panel is removed under section 15 of this chapter, another member of the panel is removed un…

Sec. 14. A party, attorney, or panelist who fails to act as required by this chapter without good cause shown is subject to mandate or appropriate sanctions upon application to the court designated in the proposed complaint as having jurisdiction. [Pre-1998 Recodification Citatio…

Sec. 15. (a) The commissioner may remove the chairman of the panel if the commissioner determines that the chairman is not fulfilling the duties imposed upon the chairman by this chapter. (b) If the chairman is removed under this section, a new chairman shall be selected under th…

Sec. 16. (a) The chairman may remove a member of the panel if the chairman determines that the member is not fulfilling the duties imposed upon the panel members by this chapter. (b) If a member is removed under this section, a new member shall be selected under this chapter. [Pr…

Sec. 17. (a) The evidence in written form to be considered by the medical review panel shall be promptly submitted by the respective parties. (b) The evidence may consist of medical charts, x-rays, lab tests, excerpts of treatises, depositions of witnesses including parties, and …

Sec. 18. Neither a party, a party's agent, a party's attorney, nor a party's insurance carrier may communicate with any member of the panel, except as authorized by law, before the giving of the panel's expert opinion under section 22 of this chapter. [Pre-1998 Recodification Cit…

Sec. 19. The chairman of the panel shall advise the panel relative to any legal question involved in the review proceeding and shall prepare the opinion of the panel as provided in section 22 of this chapter. [Pre-1998 Recodification Citation: 27-12-10-19.] As added by P.L.1-1998…

Sec. 2. Not earlier than twenty (20) days after the filing of a proposed complaint, either party may request the formation of a medical review panel by serving a request by registered or certified mail upon all parties and the commissioner. [Pre-1998 Recodification Citation: 27-1…

Sec. 20. (a) Either party, after submission of all evidence and upon ten (10) days notice to the other side, has the right to convene the panel at a time and place agreeable to the members of the panel. Either party may question the panel concerning any matters relevant to issues…

Sec. 21. (a) The panel has the right and duty to request all necessary information. (b) The panel may consult with medical authorities. (c) The panel may examine reports of other health care providers necessary to fully inform the panel regarding the issue to be decided. (d) Both…

Sec. 22. (a) The panel has the sole duty to express the panel's expert opinion as to whether or not the evidence supports the conclusion that the defendant or defendants acted or failed to act within the appropriate standards of care as charged in the complaint. (b) After reviewi…

Sec. 23. A report of the expert opinion reached by the medical review panel is admissible as evidence in any action subsequently brought by the claimant in a court of law. However, the expert opinion is not conclusive, and either party, at the party's cost, has the right to call …

Sec. 24. A panelist has absolute immunity from civil liability for all communications, findings, opinions, and conclusions made in the course and scope of duties prescribed by this article. [Pre-1998 Recodification Citation: 27-12-10-24.] As added by P.L.1-1998, SEC.13.

Sec. 25. (a) Each health care provider member of the medical review panel is entitled to be paid: (1) up to five hundred dollars ($500) for all work performed as a member of the panel, exclusive of time involved if called as a witness to testify in court; and (2) reasonable trave…

Sec. 26. The chairman shall submit a copy of the panel's report to: (1) the commissioner; and (2) all parties and attorneys; by registered or certified mail within five (5) days after the panel gives its opinion. [Pre-1998 Recodification Citation: 27-12-10-26.] As added by P.L.1-…

Sec. 3. (a) A medical review panel consists of one (1) attorney and three (3) health care providers. (b) The attorney member of the medical review panel shall act as chairman of the panel and in an advisory capacity but may not vote. (c) The chairman of the medical review panel s…

Sec. 4. A medical review panel shall be selected in the following manner: (1) Within fifteen (15) days after the filing of a request for formation of a medical review panel under section 2 of this chapter, the parties shall select a panel chairman by agreement. If no agreement on…

Sec. 5. Except for health care providers who are health facility administrators, all health care providers in Indiana, whether in the teaching profession or otherwise, who hold a license to practice in their profession shall be available for selection as members of the medical re…

Sec. 6. Each party to the action has the right to select one (1) health care provider, and upon selection, the two (2) health care providers thus selected shall select the third panelist. [Pre-1998 Recodification Citation: 27-12-10-6.] As added by P.L.1-1998, SEC.13.

Sec. 7. If there are multiple plaintiffs or defendants, only one (1) health care provider shall be selected per side. The plaintiff, whether single or multiple, has the right to select one (1) health care provider and the defendant, whether single or multiple, has the right to se…

Sec. 8. If there is only one (1) party defendant who is an individual, two (2) of the panelists selected must be members of the profession identified in IC 34-18-2-14(1) of which the defendant is a member. If the individual defendant is a health care professional who specializes …

Sec. 9. Within fifteen (15) days after the chairman is selected, both parties shall select a health care provider and the parties shall notify the other party and the chairman of their selection. If a party fails to make a selection within the time provided, the chairman shall ma…

Sec. 1. This chapter applies to a county auditor who issues a warrant upon the county treasurer in good faith under the order or authority of the board of commissioners of the county, or because of a judgment or order of a court in the county in a case in which the county was a p…

Sec. 2. (a) A civil suit may not be maintained against: (1) the county auditor; or (2) the county auditor's bondsmen; for the issuance of the warrant, even if the warrant was drawn according to an order of the board of commissioners or judgment of the court that is either void or…

Sec. 1. The limited liability provided in this chapter is in addition to any immunity or limited liability provided by the Indiana tort claims act (IC 34-13-3). As added by P.L.220-2013, SEC.3.

Sec. 10. If there is a written contract between a school and a participant for the provision of a community use physical fitness activity, section 7 of this chapter does not prevent or limit the liability of a school unless the contract contains the warning notice set forth in se…

Sec. 11. (a) The warning notice described in sections 9 through 10 of this chapter must state the following: WARNING Under Indiana law, a school is not liable for an injury to, or the death of, a participant in physical fitness activities at this location if the death or injury r…

Sec. 12. A board of school trustees, a board of school commissioners, a school board of an incorporated town and city, or township school trustees must approve the types of activities that may occur at a school as a community use physical fitness activity under section 3 of this …

Sec. 2. This chapter does not apply to an activity if the participant is paid by the school to participate in the activity. As added by P.L.220-2013, SEC.3.

Sec. 3. As used in this chapter, "community use physical fitness activity" means an activity in which the general public is invited to use: (1) school property; (2) school equipment; or (3) a school facility; to participate in a physical fitness activity that is approved as descr…

Sec. 4. (a) As used in this chapter, "inherent risk of a physical fitness activity" means a condition, danger, or hazard that is an integral part of: (1) a physical fitness activity; (2) the use of exercise equipment; or (3) the use of a facility provided by a school; as determin…

Sec. 5. (a) As used in this chapter, "participant" means a person who is engaging in a community use physical fitness activity. (b) The term does not include the following individuals if the individual is using the school's facilities in the course of school employment or is part…

Sec. 6. As used in this chapter, "school" means a: (1) public school (as defined in IC 20-18-2-15); or (2) state accredited nonpublic school (as defined in IC 20-18-2-18.7). As added by P.L.220-2013, SEC.3. Amended by P.L.92-2020, SEC.109.