Title 34, CIVIL LAW AND PROCEDURE

Sec. 4. The recodification act of the 1998 regular session of the general assembly shall be construed as a recodification of prior civil law and procedure statutes. Except as provided in section 1(1) and 1(2) of this chapter, if the literal meaning of the recodification act of th…

Sec. 5. Subject to section 8 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 1998 regular session of the general assembly shall be treated after the effective date of the…

Sec. 6. A citation reference in the recodification act of the 1998 regular session of the general assembly to another provision of the recodification act of the 1998 regular session of the general assembly shall be treated as including a reference to the provision of prior civil …

Sec. 7. (a) As used in the recodification act of the 1998 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 1998 regular session of the general assembly refers to e…

Sec. 8. (a) A reference in the recodification act of the 1998 regular session of the general assembly to a citation in the prior civil law and procedure before its repeal is added in certain sections of the recodification act of the 1998 regular session of the general assembly on…

Sec. 9. Sections 1 through 8 of this chapter apply to IC 34-18 concerning medical malpractice, which, before it was recodified in the recodification act of the 1998 regular session of the general assembly effective July 1, 1998, appeared at IC 27-12 in the Indiana Code. As added …

Sec. 1. The purpose of this chapter is to enable the supreme court to: (1) simplify and abbreviate the pleadings and proceedings; (2) expedite the decision of causes; (3) remedy abuses and imperfections that exist in the practice; (4) abolish unnecessary forms and technicalities …

Sec. 2. All statutes relating to practice and procedure in any of the courts of Indiana are in force and effect only as provided in this chapter. [Pre-1998 Recodification Citation: 34-5-2-1 part.] As added by P.L.1-1998, SEC.3.

Sec. 3. The supreme court has authority to adopt, amend, and rescind rules of court that govern and control practice and procedure in all the courts of Indiana. These rules must be promulgated and take effect under the rules adopted by the supreme court, and thereafter all laws i…

Sec. 4. Other Indiana courts may establish rules for their own government, supplementary to and not conflicting with the rules prescribed by the supreme court or any statute. [Pre-1998 Recodification Citation: 34-5-2-2.] As added by P.L.1-1998, SEC.3.

Sec. 1. (a) Except as provided under subsection (c), a civil action may be prosecuted or defended by a party: (1) in person; or (2) represented by an attorney. (b) If the state of Indiana is a party to a civil action filed on the small claims docket of a circuit court or superior…

Sec. 1. An indigent person who does not have sufficient means to prosecute or defend an action may apply to the court in which the action is intended to be brought, or is pending, for leave to prosecute or defend as an indigent person. [Pre-1998 Recodification Citation: 34-1-1-3 …

Sec. 2. (a) This section may not be construed to prohibit a court from participating in a pro bono legal services program or other program that provides legal services to litigants: (1) without charge; or (2) at a reduced fee. (b) If the court is satisfied that a person who makes…

Sec. 3. If an offender has filed at least three (3) civil actions in which a state court has dismissed the action or a claim under IC 34-58-1-2, the offender may not file a new complaint or petition as an indigent person under this chapter, unless a court determines the offender …

Sec. 1. This article is not intended to be an exhaustive compilation of all statutes of limitation in the Indiana Code. In addition to the statutes of limitation that appear in this article, other statutes of limitation may appear outside this article. [1998 Recodification Citati…

Sec. 2. (a) A cause of action that: (1) arises on or after September 1, 1982; and (2) is not limited by any other statute; must be brought within ten (10) years. (b) A cause of action that: (1) arises before September 1, 1982; and (2) is not limited by any other statute; must be …

Sec. 1. A person may not maintain a cause of action or receive an award of damages on the person's behalf based on the claim that but for the negligent conduct of another, the person would have been aborted. [Pre-1998 Recodification Citation: 34-1-1-11.] As added by P.L.1-1998, S…

Sec. 0.2. (a) The amendments made to IC 34-4-16-6 (before its repeal, now codified at section 6 of this chapter) by P.L.149-1988 apply to the accrual of interest after June 30, 1988, on any part of a judgment that is unpaid after June 30, 1988, even if the judgment was rendered b…

Sec. 1. (a) Any person having a claim against the state arising out of an express or implied contract may bring suit within ten (10) years after accrual of the claim. (b) The claim brought under this section shall be tried to the court, not a jury. [Pre-1998 Recodification Citati…

Sec. 3. This chapter does not authorize any person to bring suit against the state of Indiana upon any obligation described in Article 10, Section 7 of the Constitution of the state of Indiana. [Pre-1998 Recodification Citation: 34-4-16-2.] As added by P.L.1-1998, SEC.8.

Sec. 4. The attorney general, in person or by deputy, shall defend and represent the interests of the state in any action brought under this chapter (or IC 34-4-16 before its repeal). [Pre-1998 Recodification Citation: 34-4-16-4.] As added by P.L.1-1998, SEC.8.

Sec. 5. In all actions against the state, either party may appeal directly to the supreme court, under the same rules, regulations, and restrictions that govern in cases of appeals from the circuit courts of this state to the supreme court of the state in civil causes, except tha…

Sec. 6. Whenever, by final decree or judgment, a sum of money is adjudged to be due any person from the state, an execution shall not issue but the judgment shall draw interest at an annual rate of six percent (6%) from the date of the adjournment of the next ensuing session of t…

Sec. 7. Whenever, in the opinion of the governor, the interests of the state require it, the governor may employ counsel to assist the attorney general in the defense of any suit brought against the state and may pay that counsel out of any funds at the governor's disposal approp…

Sec. 1. Courts of record within their respective jurisdictions have the power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding is open to objection on the ground that a declaratory judgment or decre…

Sec. 10. In any proceeding under this chapter, the court may make an award of costs as may seem equitable and just. [Pre-1998 Recodification Citation: 34-4-10-10.] As added by P.L.1-1998, SEC.9.

parties; right of attorney general to intervene Sec. 11. When declaratory relief is sought, all persons shall be made parties who have or claim any interest that would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proc…

Sec. 12. This chapter is declared to be remedial. The purpose of this chapter is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered. [Pre-1998 Recodification Ci…

Sec. 13. The word "person" wherever used in this chapter shall be construed to mean any person, partnership, limited liability company, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever. [Pre-1998 Recodifica…

Sec. 14. The several sections and provisions of this chapter except sections 1 and 2, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative. [Pre-199…

Sec. 15. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees. [P…

Sec. 16. This chapter may be cited as the Uniform Declaratory Judgments Act. [Pre-1998 Recodification Citation: 34-4-10-16.] As added by P.L.1-1998, SEC.9.

Sec. 2. Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of constructio…

Sec. 3. A contract may be construed either before or after there has been a breach of the contract. [Pre-1998 Recodification Citation: 34-4-10-3.] As added by P.L.1-1998, SEC.9.

Sec. 4. Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust, or of the estate of a decedent, a person under eighteen (18) years o…

Sec. 5. The enumeration in sections 2, 3, or 4 of this chapter does not limit or restrict the exercise of the general powers conferred in section 1 of this chapter in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy o…

Sec. 6. The court may refuse to render or enter a declaratory judgment or decree where the judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. [Pre-1998 Recodification Citation: 34-4-10-6.] As added by P.L.…

Sec. 7. All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees. [Pre-1998 Recodification Citation: 34-4-10-7.] As added by P.L.1-1998, SEC.9.

Sec. 8. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application for further relief must be by petition to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the court shall, on re…

Sec. 9. When a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. [Pre-1998 Recod…

Sec. 1. In an action for libel or slander, it is sufficient to state generally that the defamatory matter published or spoken was about the plaintiff. If the defendant denies the allegation, the plaintiff must prove at trial the facts showing that the defamatory matter was publis…

Sec. 2. In an action for libel or slander, the defendant may allege: (1) the truth of the matter charged as defamatory; and (2) mitigating circumstances to reduce the damages; and give either or both in evidence. [Pre-1998 Recodification Citation: 34-1-5-2.] As added by P.L.1-199…

Sec. 1. A note, bill, bond, conveyance, contract, mortgage, or other security made in consideration of: (1) money or other property won as the result of a wager; or (2) the repayment of money lent at the time of a wager for the purpose of being wagered; is void. [Pre-1998 Recodif…

Sec. 2. If a person, by betting on a game or on the hands or sides of persons playing a game: (1) loses any money or other property; and (2) delivers any part of the money or other property; the person may bring a civil action, within one hundred eighty (180) days, to recover the…

Sec. 3. In the civil action, it is sufficient for the plaintiff to allege that the defendant has received the money or other property so lost and delivered. [Pre-1998 Recodification Citation: 34-4-28-3.] As added by P.L.1-1998, SEC.11.

Sec. 4. If, within the one hundred eighty (180) day period, the person fails to sue or to effectively prosecute the action, the prosecuting attorney of the county shall bring a civil action to recover the money or other property so lost and delivered, in the name of the state and…