Title 34, CIVIL LAW AND PROCEDURE

Sec. 4. A qualified settlement offer must: (1) be in writing; (2) be signed by the offeror or the offeror's attorney of record; (3) be designated on its face as a qualified settlement offer; (4) be delivered to each recipient or recipient's attorney of record: (A) by registered o…

Sec. 5. An acceptance of a qualified settlement offer must be: (1) unconditional; (2) in writing; (3) signed by the accepting recipient or the accepting recipient's attorney of record; and (4) delivered: (A) by registered or certified mail or by a means that verifies the date of …

Sec. 6. (a) If: (1) a recipient does not accept a qualified settlement offer; and (2) the final judgment is less favorable to the recipient than the terms of the qualified settlement offer; the court shall award attorney's fees, costs, and expenses to the offeror upon the offeror…

Sec. 1. Evidence of collateral source payments is governed by IC 34-44-1. [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.47.

Sec. 2. Evidence of advance payments in personal injury and property damage cases is governed by IC 34-44-2. [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.47.

Sec. 3. Treble damages in certain civil actions by crime victims are governed by IC 34-24-3. [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.47.

Sec. 1. (a) In all civil actions, the party recovering judgment shall recover costs, except in those cases in which a different provision is made by law. (b) In any civil action, the court may award attorney's fees as part of the cost to the prevailing party, if the court finds t…

Sec. 2. (a) This section applies to actions for money demands on contract, commenced in the circuit or superior courts. (b) Except as provided in subsection (d), if the plaintiff recovers less than fifty dollars ($50) exclusive of costs, the plaintiff shall pay costs, unless the …

Sec. 3. In all actions for damages solely, not arising out of contract, if the plaintiff does not recover five dollars ($5) in damages, the plaintiff shall not recover more costs than damages, except: (1) in actions for injuries to character and false imprisonment; and (2) where …

Sec. 4. (a) Except as provided in subsections (b) and (c), relators, persons, and corporations for whose use an action is brought, whether such use is shown by the pleadings of the plaintiff or defendant, are liable for costs jointly with the actual parties to the action. (b) Exc…

Sec. 5. In actions where there are several plaintiffs or several defendants, the costs shall be apportioned according to the judgment rendered. Where there are several causes of action embraced in the same complaint, or several issues, the plaintiff shall recover costs upon the i…

Sec. 6. When the plaintiff, at the same court, brings several actions against the defendant upon demands which could have been joined in one (1) action, the plaintiff shall recover costs only in one (1) action, unless: (1) it appears to the court that the actions affect different…

Sec. 7. Whenever, in any action an order is made for the payment of costs, at any time before final judgment, the court shall, upon motion of any interested person, render judgment for the costs in favor of the party entitled to receive costs. [Pre-1998 Recodification Citation: 3…

Sec. 8. Fee bills and executions may issue for the collection of costs in the proper cases against: (1) parties to the action; (2) relators; (3) persons for whose use an action is brought; and (4) sureties on undertakings for the payment of costs. [Pre-1998 Recodification Citatio…

Sec. 9. In all cases where lands are attached and judgment rendered in favor of the plaintiff in the circuit court, superior court, or probate court, in which the sum claimed, or the judgment rendered is less than fifty dollars ($50), the plaintiff shall recover costs if the atta…

Sec. 0.2. The addition of IC 34-4-39 (before its repeal, later codified in IC 34-4-41 and now in this chapter) by P.L.212-1991 only applies to settlements reached and judgments entered after July 1, 1991. As added by P.L.220-2011, SEC.579.

Sec. 1. This chapter applies to an insurer claiming subrogation or reimbursement rights to the proceeds of a settlement or judgment resulting from a legal proceeding commenced by an insured against a third party legally responsible for personal injury for which payment is made by…

Sec. 2. An insurer claiming subrogation or reimbursement rights under this chapter shall pay, out of the amount received from the insured, the insurer's pro rata share of the reasonable and necessary costs and expenses of asserting the third party claim. These reasonable and nece…

Sec. 3. This chapter does not prohibit an insurer with a subrogated property damage claim from settling the insurer's subrogation claim separately by arbitration, agreement, or suit in the insurer's own name. [Pre-1998 Recodification Citation: 34-4-41-5.] As added by P.L.1-1998, …

Sec. 4. An insurer may not claim subrogation or reimbursement rights to the proceeds of a distribution paid from the supplemental state fair relief fund under IC 34-13-8 to an eligible person (as defined in IC 34-13-8-1) for an occurrence (as defined in IC 34-13-8-2). As added by…

Sec. 5. (a) Notwithstanding any statutory right, common law right, or agreement to the contrary, a person who pays benefits or compensation to or on behalf of an eligible person (as defined in IC 34-13-8-1) for an occurrence (as defined in IC 34-13-8-2) does not have a subrogatio…

Sec. 3. A judgment recovered against a sheriff, constable, other public officer, administrator, executor, or other person or corporation, or the sureties of any or all of those persons: (1) for money collected or received in a fiduciary capacity; (2) for a breach of any official …

Sec. 1. When a judgment requires the payment of money or delivery of real or personal property, the judgment may be enforced by execution as provided in this chapter. When the judgment requires the performance of any other act, a certified copy of the judgment may be served upon:…

Sec. 10. (a) When the execution is against the property or body of the judgment debtor, the execution may be issued to the sheriff of any county in Indiana. (b) When the execution requires the delivery of real or personal property, the execution must be issued to the sheriff of t…

Sec. 11. (a) Except as provided in subsection (b), the execution shall be returned not later than ninety (90) days after the date of the execution. (b) The judgment creditor, at the time of filing praecipe for execution, may designate any other time less than ninety (90) days for…

Sec. 12. (a) When an execution against the property of any person is delivered to an officer to be executed, the goods and chattels of the person within the jurisdiction of the officer is bound from the time of the delivery. (b) If there are several executions against the same de…

Sec. 13. The sheriff receiving an execution shall endorse on the execution the year, month, day, and hour when the sheriff received the execution. [Pre-1998 Recodification Citation: 34-1-34-10.] As added by P.L.1-1998, SEC.51.

Sec. 14. If it appears upon the face of an execution or by the endorsement of the clerk that of those persons against whom the execution is issued, any one (1) person is surety for another, the property of the principal shall be first sold, unless the surety directs otherwise. [P…

Sec. 15. An execution may be issued and executed on Sunday whenever an affidavit is filed by the plaintiff or another person on the plaintiff's behalf, stating that the plaintiff has reason to fear and believe that the plaintiff will lose the judgment unless process is issued on …

Sec. 16. The clerk shall endorse on the execution that the defendants are not privileged from service on Sunday. [Pre-1998 Recodification Citation: 34-1-34-13.] As added by P.L.1-1998, SEC.51.

Sec. 17. If the sheriff dies or leaves office before the return of an execution, the sheriff's successor or other officer authorized to discharge the duties of the office shall proceed in the same manner that the sheriff should have done. [Pre-1998 Recodification Citation: 34-1-3…

Sec. 2. (a) After the lapse of ten (10) years after: (1) the entry of judgment; or (2) issuing of an execution; an execution can be issued only on leave of court, upon motion, after ten (10) days personal notice to the adverse party, unless the adverse party is absent or a nonres…

Sec. 3. There are three (3) kinds of executions: (1) Execution against the property of the judgment debtor. (2) Execution against the person of the judgment debtor. (3) Execution for the delivery of the possession of real or personal property, or such delivery with damages for wi…

Sec. 4. Executions may be issued to the sheriffs of different counties at the same time. However, the plaintiff shall pay the costs upon all executions not necessary to the collection of the plaintiff's judgment. [Pre-1998 Recodification Citation: 34-1-34-4 part.] As added by P.L…

Sec. 5. The execution must: (1) issue in the name of the state; (2) be directed to the sheriff of the county; (3) be sealed with the seal of the court; and (4) attested by the clerk of the court. [Pre-1998 Recodification Citation: 34-1-34-7 part.] As added by P.L.1-1998, SEC.51.…

Sec. 6. The execution must intelligibly refer to the judgment, stating: (1) the court where and the time when rendered; (2) the names of the parties; (3) the amount, if the judgment is for money; and (4) the amount actually due on the judgment. [Pre-1998 Recodification Citation: …

Sec. 7. The execution must require the sheriff to do the following: (1) If the execution is against the property of the judgment debtor, the execution must require the sheriff to satisfy the judgment out of the property of the debtor, subject to execution. (2) If the execution is…

Sec. 8. An execution against the body shall not be issued while an execution against the property remains unreturned. [Pre-1998 Recodification Citation: 34-1-34-5 part.] As added by P.L.1-1998, SEC.51.

Sec. 9. An execution against the property shall not be issued while there is an execution against the body unreturned. [Pre-1998 Recodification Citation: 34-1-34-5 part.] As added by P.L.1-1998, SEC.51.

Sec. 1. Appeals may be taken by either party from all final judgments in circuit courts and superior courts. [Pre-1998 Recodification Citation: 34-1-47-1(a) part.] As added by P.L.1-1998, SEC.52.

Sec. 2. The party obtaining a judgment shall not take an appeal after receiving any money paid or collected on a judgment. [Pre-1998 Recodification Citation: 34-1-47-1(a) part.] As added by P.L.1-1998, SEC.52.

Sec. 3. A ruling or order of the court granting a motion for a new trial shall be treated as a final judgment. An appeal may be taken on the ruling or order. [Pre-1998 Recodification Citation: 34-1-47-1(b).] As added by P.L.1-1998, SEC.52.

Sec. 1. This chapter applies to: (1) any controversy existing between two (2) or more parties which might be the subject of a suit at law, except as otherwise provided in section 2 of this chapter; and (2) arbitration under IC 36-4-3-21.1 concerning services provided by a municip…

Sec. 10. As soon as the arbitrator is ready to proceed, the parties may exhibit their proofs. All the arbitrators must meet together, and hear the allegations of the parties, but the award of a majority is valid, unless otherwise required by the submission. [Pre-1998 Recodificati…

Sec. 11. The award must be: (1) in writing; (2) signed by the arbitrator or arbitrators who agreed to it; and (3) attested by a subscribing witness. [Pre-1998 Recodification Citation: 34-4-1-9.] As added by P.L.1-1998, SEC.53.

Sec. 12. One (1) of the arbitrators shall deliver a true copy of the award and of the costs to: (1) each of the parties; or (2) the last usual place of residence of a party; not later than fifteen (15) days after the award is signed. [Pre-1998 Recodification Citation: 34-4-1-11.]…