Title 34, CIVIL LAW AND PROCEDURE

Sec. 1. This article does not apply to an act of malpractice that occurred before July 1, 1975. [Pre-1998 Recodification Citation: 27-12-2-1.] As added by P.L.1-1998, SEC.13.

Sec. 2. (a) The addition of IC 16-9.5-2-2.1, IC 16-9.5-2-2.2, IC 16-9.5-2-2.3, and IC 16-9.5-2-2.4 (before their repeal) by P.L.179-1985 does not apply to medical malpractice claims initiated through the filing of a proposed complaint under IC 16-9.5-9-1 (before its repeal) befor…

Sec. 1. This article governs all actions that are: (1) brought by a user or consumer; (2) against a manufacturer or seller; and (3) for physical harm caused by a product; regardless of the substantive legal theory or theories upon which the action is brought. [Pre-1998 Recodifica…

Sec. 2. This article shall not be construed to limit any other action from being brought against a seller of a product. [Pre-1998 Recodification Citation: 33-1-1.5-3(d) part.] As added by P.L.1-1998, SEC.15.

Sec. 3. If a provision of this article or its application to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications, and to this end the provisions of this article are severable. [Pre-1998 Recodification Citation: 33-1-1.5-7.] As…

Sec. 4. This article does not apply to a cause of action that accrues before June 1, 1978. [Pre-1998 Recodification Citation: 33-1-1.5-8.] As added by P.L.1-1998, SEC.15.

Sec. 1. (a) This chapter applies to a person who is bound as surety upon a contract in writing for the: (1) payment of money; or (2) performance of any act. (b) When the right of action has accrued, the surety may require, by notice in writing, the creditor or obligee to immediat…

Sec. 10. When a surety on a bill, note, bond, or other instrument in writing, is compelled to pay the debt or obligation of the principal debtor, the surety shall recover the rate of interest on the amount paid by the surety for the principal, as was originally provided for in th…

Sec. 2. If the creditor or obligee does not: (1) proceed within a reasonable time to bring an action upon the contract; and (2) prosecute the action to judgment and execution; the surety is discharged from all liability on the contract. [Pre-1998 Recodification Citation: 34-1-55-…

Sec. 3. (a) This section applies when: (1) an action is brought against two (2) or more defendants upon a contract; and (2) at least one (1) or more of the defendants is a surety for the others. (b) The surety may, upon a written complaint to the court, cause the question of sure…

Sec. 4. (a) If the finding upon the issue described in section 3(b) of this chapter is in favor of the surety, the court shall make an order directing the sheriff to: (1) levy the execution, first upon the property of the principal; and (2) exhaust the property of the principal; …

Sec. 5. (a) This section applies to a: (1) defendant-surety in a: (A) judgment; (B) special bail; or (C) replevin bail; (2) surety in a delivery bond or replevin bond; or (3) person who is a surety in any undertaking. (b) This section does not apply to a sheriff, officer, or sure…

Sec. 6. A person who: (1) is one (1) of several: (A) judgment defendants; or (B) replevin sureties; and (2) paid and satisfied the plaintiff; has the remedy provided in section 5 of this chapter against the codefendants or cosureties to collect from them the ratable proportion ea…

Sec. 7. No surety or representative of a surety shall confess judgment or suffer judgment, by default, in any case, when the surety or representative is notified that there is a valid defense, if the principal will: (1) enter as a defendant to the action; and (2) tender to the su…

Sec. 8. Whenever a surety seeks a remedy against the principal for discharging a debt, or claim upon contract, in whole or in part, without any relief from valuation or appraisement laws, the remedy of the surety is also enforced without any relief from valuation or appraisement …

Sec. 9. Sections 1 through 8 of this chapter extend to: (1) heirs; (2) executors; and (3) administrators; of deceased persons. However, the provisions concerning sureties giving notice to the creditor do not operate against persons under legal disabilities. [Pre-1998 Recodificati…

Sec. 0.1. The addition of section 2 of this chapter by P.L.84-1999 applies only to a cause of action that accrues after December 31, 1999. As added by P.L.220-2011, SEC.556.

Sec. 1. When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, if the former might have maintained an action had he or she, as the case may be, lived, against the la…

Sec. 2. (a) As used in this section, "adult person" means: (1) an unmarried individual: (A) who does not have any dependents; and (B) who is not a child (as defined in IC 34-23-2-1); or (2) a married individual: (A) who does not have any dependents; and (B) whose death was caused…

Sec. 1. (a) The following may be seized: (1) All vehicles (as defined by IC 35-31.5-2-346), if they are used or are intended for use by the person or persons in possession of them to transport or in any manner to facilitate the transportation of the following: (A) A controlled su…

Sec. 2. (a) Property may be seized under this chapter by a law enforcement officer only if: (1) the seizure is incident to a lawful: (A) arrest; (B) search; or (C) administrative inspection; (2) the property has been the subject of a prior judgment in favor of the state or unit i…

Sec. 3. (a) The prosecuting attorney for the county in which the seizure occurs may, within twenty-one (21) days after receiving written notice from the owner demanding return of the seized property or within ninety (90) days after the property is seized, whichever occurs first, …

Sec. 4. (a) At the hearing, the prosecuting attorney must show by a preponderance of the evidence that the property was within the definition of property subject to seizure under section 1 of this chapter. If the property seized was a vehicle, the prosecuting attorney must also s…

Sec. 4.5. (a) After a prosecuting attorney files a forfeiture action, the prosecuting attorney shall report the following to the Indiana prosecuting attorneys council: (1) The date the property was seized. (2) Whether the property seized was cash, a vehicle, real property, or oth…

Sec. 5. (a) If: (1) the court has entered judgment in favor of the state, and a unit (if appropriate) concerning property that is subject to seizure under this chapter; and (2) a person: (A) holding a valid lien, mortgage, security interest, or interest under a conditional sales …

Sec. 6. (a) Where disposition of property is to be made at a public sale, notice of sale shall be published in accordance with IC 34-55-6. (b) When property is sold at a public sale under this chapter, the proceeds shall be distributed in the following order: (1) First, to the sh…

Sec. 7. (a) If the property seized was a vehicle, a copy of the court's order under this chapter (or IC 34-4-30.1-7 before its repeal): (1) shall be filed with the department of motor vehicles or other appropriate agency; and (2) constitutes authority for the issuance of clear ti…

Sec. 8. (a) A prosecuting attorney may retain an attorney to bring an action under this chapter only in accordance with this section. (b) The compensation agreement between a prosecuting attorney and an attorney retained to bring an action under this chapter must be: (1) in writi…

Sec. 9. (a) Upon motion of a prosecuting attorney under IC 35-33-5-5(k), property seized under this chapter must be transferred, subject to the perfected liens or other security interests of any person in the property, to the appropriate federal authority for disposition under 18…

Sec. 1. The execution of judgments is governed by IC 34-55. [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.20.

Sec. 2. Indiana courts do not have and shall not entertain jurisdiction in any action of attachment, garnishment, or supplementary proceeding, when: (1) the plaintiff and principal defendant are both nonresidents of Indiana; and (2) the money sought to be reached by the attachmen…

Sec. 3. The plaintiff is not entitled to judgment in an action for attachment or garnishment unless: (1) the defendant is personally served with process; (2) the property of the defendant is attached in the county where the action is brought; or (3) a garnishee is summoned in the…

Sec. 4. The money realized from the attachment and the garnishees, under the direction of the court, and after paying all costs and expenses, shall be paid to the several creditors in proportion to the amount of their several claims as adjusted. The surplus, if any, shall be paid…

Sec. 1. In addition to the injunctions and restraining orders discussed in this article, the following statutes also contain provisions concerning injunctions or restraining orders: (1) IC 32-30-6 (governing nuisance actions). (2) IC 32-30-7 (governing actions for indecent nuisan…

Sec. 10. When an injunction is granted upon the hearing, after a temporary restraining order, the plaintiff shall not be required to enter into a second written undertaking unless the original undertaking is considered insufficient. However, the plaintiff and the plaintiff's sure…

Sec. 11. It is not necessary to issue a writ of injunction. However, the clerk shall issue a copy of the order of injunction, certified by the clerk, which shall be served promptly by delivering the order to the adverse party. [Pre-1998 Recodification Citation: 34-1-10-7.] As add…

Sec. 12. In applications to stay proceedings after judgment, the plaintiff shall endorse upon the complaint a release of errors in the judgment whenever required to do so by the judge or court. [Pre-1998 Recodification Citation: 34-1-10-8.] As added by P.L.1-1998, SEC.22.

Sec. 13. Money that is: (1) collected upon a judgment that is later enjoined; and (2) remains in the hands of the collecting officer; shall be paid to the clerk of the court granting the injunction, subject to the order of the court. [Pre-1998 Recodification Citation: 34-1-10-9.]…

Sec. 14. (a) This section applies when it appears to any court or judge granting an order of injunction, by affidavit, that any person has willfully disobeyed the order. (b) After giving notice, the court or judge shall award an attachment for contempt against the party charged o…

Sec. 15. The attachment for contempt shall be immediately served by arresting the party charged, and bringing the party into court, if in session, to be dealt with as in other cases of contempt. The court shall also take all necessary measures to secure and indemnify the plaintif…

Sec. 16. (a) If the court is not in session, the officer making the arrest shall cause the person to enter into a written undertaking, with surety to be approved by the officer. The written undertaking must contain the person's assurances to: (1) personally appear in open court; …

Sec. 17. (a) This section applies when an injunction to stay proceedings after judgment for debt or damages is dissolved. (b) The court shall award damages, not exceeding ten percent (10%), on the judgment, as the court considers right against the party in whose favor the injunct…

Sec. 18. (a) This section applies if an injunction to stay proceedings after verdict or judgment in an action for the recovery or possession of real estate is dissolved. (b) The damages assessed against the party obtaining the injunction shall include the reasonable rents and pro…

Sec. 2. Restraining orders and injunctions may be granted by the supreme court or a justice of the supreme court when necessary and proper for the due exercise of the jurisdiction and powers of the supreme court. [Pre-1998 Recodification Citation: 34-1-10-1 part.] As added by P.L…

Sec. 3. (a) Restraining orders and injunctions may be granted by the circuit courts, superior courts, or probate courts, or the judges of the circuit courts, superior courts, or probate courts, in their respective counties. (b) If the circuit court, superior court, or probate cou…

Sec. 4. (a) The regular presiding judge in the county where the petition was filed shall hear and determine whether an injunction or restraining order issued under section 3(b) of this chapter (or IC 34-1-10-1 before its repeal) shall be made permanent. (b) The circuit courts, su…