Title 34, CIVIL LAW AND PROCEDURE

Sec. 15. (a) In addition to other proceedings, this section applies to proceedings supplementary to execution involving a depository financial institution under IC 28-9. (b) A person, whether designated as a garnishee defendant, an income payor, or otherwise, who complies with wh…

Sec. 2. (a) In all personal actions arising upon contract, express or implied, or upon a judgment or decree of any court, if at the time the action is commenced or at any time afterwards, whether a writ of attachment has been issued or not, the plaintiff, or a person representing…

Sec. 3. From the day of the service of the summons, the garnishee is accountable to the plaintiff in the action for the amount of money, property, or credits in the garnishee's possession or due and owing from the garnishee to the defendant. [Pre-1998 Recodification Citation: 34-…

Sec. 4. (a) This section applies to an officer or agent of an association or corporation and every other person summoned as a garnishee. (b) A person described in subsection (a) shall, when served, or not later than five (5) days after being served the summons, furnish the sherif…

Sec. 5. (a) This section applies to a garnishee who is summoned and: (1) fails to appear and provide discovery as required by law; or (2) fails to answer or demur to the matters set forth against the garnishee in the affidavit, additional complaint, or interrogatories. (b) When a…

Sec. 6. If the plaintiff or person representing the plaintiff files an affidavit with the clerk stating that the plaintiff or person: (1) fears that the garnishee will abscond before judgment with intent to defraud the plaintiff; and (2) believes that the garnishee: (A) has money…

Sec. 7. The court shall not render final judgment against the garnishee until the action against the defendant has been determined. If the plaintiff fails to recover judgment either against the defendant or the garnishee, the garnishee shall be discharged and recover costs. [Pre-…

Sec. 8. The return of "no property found" upon the order of attachment does not affect the proceedings against the garnishee. [Pre-1998 Recodification Citation: 34-1-11-26.] As added by P.L.1-1998, SEC.20.

Sec. 9. (a) If the plaintiff wins judgment against the defendant and before the judgment the garnishee: (1) delivers to the sheriff: (A) all the defendant's goods and chattels, or other effects in the garnishee's possession subject to execution; or (B) an inventory of the items d…

Sec. 1. Upon petition by any party, the court may enjoin the posting of, or may order the removal of, handbills, notices, or other written material on telephone or utility poles in any case in which the court finds that to allow the posting, or permit the posting to continue, wou…

Sec. 1. An action for mandate may be prosecuted against any inferior tribunal, corporation, public or corporate officer, or person to compel the performance of any: (1) act that the law specifically requires; or (2) duty resulting from any office, trust, or station. [Pre-1998 Rec…

Sec. 2. (a) Except as provided in subsection (b), in an action for mandate, as in other civil actions: (1) the complaint must be verified; (2) the summons must be issued, or publication made, and proof of service and notice made; and (3) the person, body, or tribunal defendant sh…

Sec. 3. (a) An action for mandate shall stand for trial, and as in other civil actions, the court hearing the action may: (1) join issues of law and fact; (2) grant amendments, continuances, and appeals; and (3) render final judgments. (b) In actions for mandate, if the finding a…

Sec. 4. (a) All defendants served with process or notified by publication in an action for mandate shall: (1) take notice of the judgment and mandate of the court in the case; and (2) promptly perform the mandate issued by the court. (b) Obedience to a judgment and mandate is enf…

Sec. 1. This chapter applies to a person who wishes to participate in professional automobile or motorcycle racing events. [Pre-1998 Recodification Citation: 34-4-44.2-1.] As added by P.L.1-1998, SEC.24.

Sec. 2. (a) This section applies to: (1) a circuit or superior court that has jurisdiction in the county in which the minor resides or is employed; or (2) if the minor neither resides in nor is employed in Indiana, the circuit or superior court that has jurisdiction in the county…

Sec. 3. A minor who has been partially emancipated under this chapter (or IC 34-4-44.2 before its repeal) may not avoid a contract, a liability release, or an indemnity agreement referred to in a court order issued under this chapter (or IC 34-4-44.2 before its repeal) by allegin…

Sec. 1. A person arrested contrary to this article shall be immediately discharged, on motion before the court issuing the process, or on habeas corpus. [Pre-1998 Recodification Citation: 34-4-11-3 part.] As added by P.L.1-1998, SEC.25.

Sec. 2. A person arrested contrary to this article may recover from the person arresting or causing the arrest: (1) twenty dollars ($20) in damages; or (2) a greater amount in the discretion of the jury. [Pre-1998 Recodification Citation: 34-4-11-3 part.] As added by P.L.1-1998, …

Sec. 0.1. The addition of section 2 of this chapter by P.L.17-2001 applies only to a cause of action that accrues after June 30, 2001. The enactment of section 2 of this chapter by P.L.17-2001 may not be considered in determining liability for a cause of action that accrues befor…

Sec. 1. An operator that allows the land or premises of the operator to be used by another person without compensation for the purpose of gleaning agricultural products is immune from civil liability to the person if the person is injured while on the land or premises of the oper…

Sec. 2. (a) The definitions set forth in IC 22-11-20 apply to this section. (b) Except as provided in subsection (c), the victim or an agent of the victim of a theft (IC 35-43-4-2(a)) or criminal conversion (IC 35-43-4-3) of: (1) anhydrous ammonia (NH3); (2) an ammonia solution; …

Sec. 1. The Tort Claims Act provides a cap on liability of governmental entities and public employees in certain circumstances (IC 34-13-3). [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.27.

Sec. 1. (a) This chapter applies to: (1) a nonresident; (2) a resident of Indiana who becomes a nonresident; or (3) the authorized agent of a person described in subdivision (1) or (2); who operates a motor vehicle upon a public street or highway or any other place in Indiana. (b…

Sec. 2. An action may be filed in the county: (1) where the plaintiff resides; or (2) where the accident or collision occurred; at the election of the plaintiff. Service of process shall be made on the secretary of state in accordance with Trial Rule 4.10 of the Indiana Rules of …

Sec. 3. If a defendant refuses to accept or claim registered mail, the secretary of state shall return the registered mail to the plaintiff or to the plaintiff's attorney. The mail shall be appended to the original process, together with an affidavit of the plaintiff or of the at…

Sec. 4. If a nonresident dies before the commencement of an action brought under this chapter (or IC 34-2-2.5 before its repeal), service of process shall be made on the executor or administrator of the nonresident in the same manner and with the same notice as is provided for th…

Sec. 5. If a nonresident dies after an action has been commenced under this chapter (or IC 34-2-2.5 before its repeal) by service of process upon the nonresident, the court shall allow the action to be continued against the executor or administrator upon motion with notice that t…

Sec. 6. The court in which an action is brought may order continuances that are reasonable to afford the defendant opportunity to defend the action. [Pre-1998 Recodification Citation: 34-2-2.5-6.] As added by P.L.1-1998, SEC.29.

Sec. 1. (a) This section applies if there are multiple plaintiffs or multiple defendants in a civil action. (b) There shall be allowed only one (1) change of venue from the county to all plaintiffs and one (1) change of venue from the county to all defendants. (c) If a plaintiff …

Sec. 2. (a) This section applies in any action, proceeding, or matter, of any character or nature whatever, relating to, connected with, or involving the estate of a decedent. (b) Except as provided in subsection (c), any of the parties to the action, proceeding, or matter are en…

Sec. 3. (a) This section applies when any matter of a civil, statutory, or equitable nature not triable by a jury is pending. (b) The judge before whom the cause is pending shall change the venue upon the application of either party to the cause, made upon affidavit, of either pa…

Sec. 1. (a) In a civil case, the jury consists of six (6) members. (b) At any time before the verdict is announced, the parties may stipulate that a verdict or finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury. [Pre-1998 Recodificatio…

Sec. 2. (a) In a civil case, the court may direct that no more than three (3) jurors be called and impanelled, in addition to the regular jury, to sit as alternate jurors. (b) Alternate jurors shall, in the order in which they are called, replace jurors who, before the time the j…

Sec. 3. (a) Each party in a civil case has three (3) peremptory challenges. (b) In addition to the peremptory challenges under subsection (a), each party is entitled to: (1) one (1) peremptory challenge if the court directs that one (1) or two (2) alternate jurors are to be impan…

Sec. 4. (a) The court may: (1) permit the parties or their attorneys to conduct the examination of prospective jurors; or (2) conduct the examination itself. (b) If the court conducts the examination of prospective jurors, the court shall permit the parties or their attorneys to …

Sec. 5. It is sufficient cause for challenge to a juror that the juror is interested in another suit, begun or contemplated, involving the same or a similar matter. [Pre-1998 Recodification Citation: 34-1-20-5.] As added by P.L.1-1998, SEC.32.

Sec. 6. Before the commencement of the trial, an oath must be administered to each juror that the juror will: (1) well and truly try the matter in issue between the parties; and (2) give a true verdict; according to law and evidence. [Pre-1998 Recodification Citation: 34-1-20-6.]…

Sec. 1. In a proceeding before a court or judicial officer of Indiana in which the genuineness of the handwriting of any person is involved, any admitted or proved handwriting of the person is competent evidence as a basis for comparison by: (1) witnesses; or (2) the jury, court,…

Sec. 1. Printed books or pamphlets purporting on their face to be the session or other statutes of any of the United States, a territory of the United States, or a foreign jurisdiction and to have been printed and published by the authority of the state, territory, or foreign jur…

Sec. 2. This chapter shall be interpreted and construed as to effectuate its general purposes to make uniform the law of those states that enact it. [Pre-1998 Recodification Citation: 34-3-1-2.] As added by P.L.1-1998, SEC.34.

Sec. 3. This chapter may be cited as the Uniform Proof of Statutes Act. [Pre-1998 Recodification Citation: 34-3-1-3.] As added by P.L.1-1998, SEC.34.

Sec. 1. (a) Evidence of a final judgment that: (1) is entered after a trial or upon a plea of guilty; and (2) adjudges a person guilty of a crime punishable by death or imprisonment of more than one (1) year; shall be admissible in a civil action to prove any fact essential to su…

Sec. 1. Printed copies of schedules, classifications and tariffs of rates, fares and charges, and supplements that: (1) are filed with: (A) the Interstate Commerce Commission or its successor agency; or (B) the utility regulatory commission; and (2) show: (A) an Interstate Commer…

Sec. 1. This chapter applies when a deed or mortgage is recorded in the proper recorder's office of any county in Indiana and the record of the deed or mortgage is burned, lost, or destroyed. [Pre-1998 Recodification Citation: 34-3-10-1 part.] As added by P.L.1-1998, SEC.37.

Sec. 2. The general index of the record of an instrument described in section 1 of this chapter made: (1) under law; (2) in the handwriting of the county recorder; and (3) at the date the general index was made in any county of the state; is prima facie evidence of the proper exe…