Title 34, CIVIL LAW AND PROCEDURE

Sec. 10. In the case of an intentional tort, the plaintiff may recover one hundred percent (100%) of the compensatory damages in a civil action for intentional tort from a defendant who was convicted after a prosecution based on the same evidence. [Pre-1998 Recodification Citatio…

Sec. 11. The court shall furnish to the jury forms of verdicts that require only the disclosure of: (1) the percentage of fault charged against each party and nonparty; and (2) the amount of the verdict against each defendant. If the evidence in the action is sufficient to suppor…

Sec. 12. In an action under this chapter (or IC 34-4-33 before its repeal), there is no right of contribution among tortfeasors. However, this section does not affect any rights of indemnity. [Pre-1998 Recodification Citation: 34-4-33-7.] As added by P.L.1-1998, SEC.47.

Sec. 13. In actions brought under this chapter (or IC 34-4-33 before its repeal), whenever a jury returns verdicts in which the ultimate amounts awarded are inconsistent with its determinations of total damages and percentages of fault, the trial court shall: (1) inform the jury …

Sec. 14. In an action based on fault, a defendant may assert as a defense that the damages of the claimant were caused in full or in part by a nonparty. This defense is referred to in this chapter as a nonparty defense. [Pre-1998 Recodification Citation: 34-4-33-10(a).] As added …

Sec. 15. The burden of proof of a nonparty defense is upon the defendant, who must affirmatively plead the defense. However, this chapter does not relieve the claimant of the burden of proving that fault on the part of the defendant or defendants caused, in whole or in part, the …

Sec. 16. A nonparty defense that is known by the defendant when the defendant files the defendant's first answer shall be pleaded as a part of the first answer. A defendant who gains actual knowledge of a nonparty defense after the filing of an answer may plead the defense with r…

Sec. 17. This section applies to a claim filed with the insurance commissioner under IC 16-9.5 (before its repeal), IC 27-12 (before its repeal), or IC 34-18 against a qualified health care provider, with the exception that the pleading of a nonparty defense, as required by secti…

Sec. 18. (a) This section applies to an action based on fault that is brought by the claimant against: (1) one (1) or more defendants who are qualified health care providers under IC 34-18; and (2) one (1) or more defendants who are not qualified health care providers. (b) Upon a…

Sec. 19. If a subrogation claim or other lien or claim that arose out of the payment of medical expenses or other benefits exists in respect to a claim for personal injuries or death and the claimant's recovery is diminished: (1) by comparative fault; or (2) by reason of the unco…

Sec. 2. This chapter does not apply in any manner to tort claims against governmental entities or public employees under IC 34-13-3 (or IC 34-4-16.5 before its repeal). [Pre-1998 Recodification Citation: 34-4-33-8.] As added by P.L.1-1998, SEC.47.

Sec. 3. In an action brought under this chapter (or IC 34-4-33 before its repeal), legal requirements of causal relation apply to: (1) fault as the basis for liability; and (2) contributory fault. [Pre-1998 Recodification Citation: 34-4-33-1 part.] As added by P.L.1-1998, SEC.47.…

Sec. 4. For purposes of sections 6 through 10 of this chapter, a defendant may be treated along with another defendant as a single party where recovery is sought against that defendant not based upon the defendant's own alleged act or omission but upon the defendant's relationshi…

Sec. 5. In an action based on fault, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery except as provided in section 6 …

Sec. 6. (a) In an action based on fault that is brought against: (1) one (1) defendant; or (2) two (2) or more defendants who may be treated as a single party; the claimant is barred from recovery if the claimant's contributory fault is greater than the fault of all persons whose…

Sec. 7. (a) This section applies to an action based on fault that is: (1) brought against one (1) defendant or two (2) or more defendants who may be treated as a single party; and (2) tried to a jury. (b) The court, unless all the parties agree otherwise, shall instruct the jury …

Sec. 8. (a) This section applies to an action based on fault that: (1) is brought against two (2) or more defendants; and (2) is tried to a jury. (b) The court, unless all the parties agree otherwise, shall instruct the jury to determine its verdict in the following manner: (1) T…

Sec. 9. In an action based on fault that is tried by the court without a jury, the court shall make its award of damages according to the principles specified for juries in sections 7 and 8 of this chapter. [Pre-1998 Recodification Citation: 34-4-33-5(c).] As added by P.L.1-1998,…

Sec. 0.2. The addition of IC 34-2-36 (before its repeal, now codified in this chapter) by P.L.196-1986 does not apply to civil actions accruing before January 1, 1987. As added by P.L.220-2011, SEC.578.

Sec. 1. (a) Subject to any other statute governing reimbursement of fees and other expenses, this chapter applies to the reimbursement of the fees and other expenses incurred in preparing for or prosecuting: (1) a proceeding under IC 4-21.5-5 to judicially review a final order ma…

Sec. 1.5. (a) In a proceeding conducted under IC 4-21.5-5, the court shall apply the standard described in IC 4-21.5-3-27.5 regarding an order for the payment of attorney's fees. (b) An order for the payment of attorney's fees under this section is not subject to sections 2, 3, a…

Sec. 2. In addition to any other compensation awarded in a civil action involving an agency as a party, the court having jurisdiction in the case may enter an order against the agency for the payment of the reasonable fees and other expenses of a party, if the court finds that: (…

Sec. 3. The court may not award fees or other expenses against an agency if: (1) the agency's only involvement in the case resulted from the agency's role as an arbiter of the legal rights, duties, immunities, privileges, or other legal interests of two (2) or more other parties;…

Sec. 4. A party may be awarded an amount under this chapter not exceeding ten thousand dollars ($10,000). However, if more than three (3) parties in a case are eligible for an award under this chapter, the total award made to all parties in the case may not exceed thirty thousand…

Sec. 5. The agency against which an order is entered under this chapter shall pay the award from any money appropriated to the agency. The court may order the state comptroller to draw a warrant upon the funds of the agency. The treasurer of state shall pay the warrant when any a…

Sec. 6. (a) Each agency subject to an order to pay fees or expenses or that pays fees or other expenses under this chapter shall report annually in an electronic format under IC 5-14-6 to the general assembly the amount of fees and other expenses ordered or paid during the preced…

Sec. 7. (a) This section applies to a class action against the state. (b) This section applies to an action filed after June 30, 2017. (c) Subject to the requirements of this chapter, a court shall not award attorney's fees without conducting a hearing. (d) A hearing to determine…

Sec. 1. Any person indebted or against whom a cause of action exists may personally appear in a court of competent jurisdiction, and, with the consent of the creditor or person having the cause of action, confess judgment in the action. Judgment shall be entered accordingly. [Pre…

Sec. 2. The debt or cause of action shall be briefly stated in a writing to be filed and copied into the judgment. The confession shall operate as a release of errors. [Pre-1998 Recodification Citation: 34-1-28-2.] As added by P.L.1-1998, SEC.50.

Sec. 3. Whenever a confession of judgment is made by power of attorney or otherwise, the party confessing shall, at the time the party confessing executes the power of attorney or confesses judgment, make affidavit stating that: (1) the debt is just and owing; and (2) the confess…

Sec. 1. The bail for stay of execution may be taken and approved by the clerk and the recognizance entered of record at any time before the stay of execution expires. The undertaking in the recognizance is for the payment of the judgment, interest, and costs that may accrue at or…

Sec. 10. (a) A stay of execution is not allowed upon any judgment recovered against any officer, person, or corporation, or the sureties of an officer, person, or corporation, for money received in a fiduciary capacity, or for a breach of any official duty. (b) The clerk shall im…

Sec. 11. When any court renders judgment against two (2) or more persons, any of whom are sureties for any other or others in the contract on which the judgment is founded, there shall be no stay of execution on the judgment if the sureties object at the time of rendering the jud…

Sec. 12. A surety for the stay of execution may file with the clerk an affidavit, stating that the surety truly believes that the surety will be liable for the judgment, interest, and costs unless execution issues immediately. The clerk shall immediately issue execution unless ot…

Sec. 13. If other sufficient bail is entered, it shall have the force of the original bail entered before the filing of the affidavit and shall discharge the original bail. [Pre-1998 Recodification Citation: 34-1-35-14.] As added by P.L.1-1998, SEC.51.

Sec. 2. When bail is entered after execution is issued, the clerk shall immediately notify the sheriff of the stay of execution. The sheriff shall immediately return the execution, noting the sheriff's actions on the execution. [Pre-1998 Recodification Citation: 34-1-35-3.] As ad…

Sec. 3. When execution issues for want of bail before the stay of execution expires, the clerk shall endorse on the execution: (1) the date of the judgment; and (2) that the execution is repleviable. [Pre-1998 Recodification Citation: 34-1-35-4.] As added by P.L.1-1998, SEC.51.…

Sec. 4. In a case described in section 3 of this chapter, the defendant may have a stay of execution for the remainder of the term of the stay of execution by putting in bail, approved by the sheriff, and endorsed on the stay and signed by the surety. [Pre-1998 Recodification Cit…

Sec. 5. The sheriff, having taken the bail, shall immediately return the execution, with the sheriff's actions noted on the execution to the clerk's office. The clerk shall copy the recognizance in the execution docket. The recognizance has the same force as if taken by the clerk…

Sec. 6. All: (1) property levied on before stay of execution; and (2) written undertakings for the delivery of personal property to the sheriff; shall be relinquished by the officer upon bail for the stay of execution being entered. [Pre-1998 Recodification Citation: 34-1-35-7.] …

Sec. 7. Every recognizance of bail, taken as provided in this chapter, has the effect of a judgment confessed, from the date of the recognizance, against the person and property of the bail. [Pre-1998 Recodification Citation: 34-1-35-8.] As added by P.L.1-1998, SEC.51.

Sec. 8. (a) An execution shall not be issued in any cause except on the written praecipe of: (1) a party to the suit; (2) the party's representatives or assigns; or (3) the party's attorney of record. (b) A fee bill shall not be issued unless the fee bill is ordered by the person…

Sec. 9. At the expiration of the stay, the clerk shall issue a joint execution against the property of all the judgment debtors and replevin bail. The sheriff shall first levy upon the property of the judgment defendants, if sufficient property can be found. If not, the sheriff s…

Sec. 1. This chapter applies to all cases in which: (1) an appeal is taken from: (A) a board of county commissioners, viewers, or commissioners to assess damages; or (B) any other person or tribunal; to the circuit court, superior court, or probate court; and (2) the appeal bond …

Sec. 2. The circuit court, superior court, or probate court shall not dismiss a case on account of the defect or informality of the appeal bond if the appellant, when required by the court to which the appeal is taken, files in the court a sufficient bond, with surety to the acce…

Sec. 3. In all appealed cases described in section 1 of this chapter, when costs have accrued so as to render the sum named in the appeal bond insufficient to secure the costs, the court in which the appeal is pending shall require the appellant to give an additional bond in such…