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Indiana Code - Civil Law and Procedure - Title 34, Section 34-31-7-3

Legal Research Home > Indiana Law > Civil Law and Procedure > Indiana Code - Civil Law and Procedure - Title 34, Section 34-31-7-3

Duties concerning childcare services at nonprofit religious
organizations

Sec. 3. (a) As used in this section, "premises" means a part of a
building that is:
(1) used primarily for worship services;
(2) owned, operated, or controlled by a nonprofit religious
organization; and
(3) used for purposes of providing childcare services for which
a fee is charged.
(b) If a customer who purchases childcare services or the
customer's child enters the premises for the purpose of receiving fee
based childcare services, with the actual or implied consent of the
childcare provider or nonprofit religious organization, the childcare
provider and nonprofit religious institution have the duty to:
(1) warn the customer or the customer's child of a hidden
danger on the premises if a representative of the childcare
provider or the nonprofit religious institution has actual
knowledge of the hidden danger;
(2) refrain from intentionally harming the customer or the
customer's child; and
(3) inspect the premises for dangerous hazards and defects, and
correct any dangerous hazard or defect within a reasonable
period of time after becoming aware of the existence of the
dangerous hazard or defect.

As added by P.L.149-2005, SEC.2.

&DNM.IC 34-7-7
&YENC.
&YAMD.

Chapter 7. Defense in Civil Actions Against Persons Who Act in
Furtherance of the Person's Right of Petition or Free Speech Under the
Constitution of the United States or the Constitution of the State of
Indiana in Connection With a Public Issue

&DNM.IC 34-7-7-1
&YENC.1998
&YAMD.1998
Applicability of chapter

IC 34-7-7-1 Sec. 1. (a) This chapter applies to an act in furtherance
of a person's right of petition or free speech under the Constitution of
the United States or the Constitution of the State of Indiana in
connection with a public issue or an issue of public interest that arises
after June 30, 1998. This chapter does not apply to an action that was
filed and is pending before July 1, 1998.
(b) This chapter does not apply to an enforcement action brought in
the name of the state of Indiana by the attorney general, a prosecuting
attorney, or another attorney acting as a public prosecutor.
&HST.As added by P.L.114-1998, SEC.7.&EHST.

&DNM.IC 34-7-7-2
&YENC.1998
&YAMD.1998
"Act in furtherance of a person's right of petition or free speech under
the Constitution of the United States or the Constitution of the State of
Indiana in connection with a public issue" defined

IC 34-7-7-2 Sec. 2. As used in this chapter, "act in furtherance of a
person's right of petition or free speech under the Constitution of the
United States or the Constitution of the State of Indiana in connection
with a public issue" includes any conduct in furtherance of the exercise
of the constitutional right of:
(1) petition; or
(2) free speech;
in connection with a public issue or an issue of public interest.
&HST.As added by P.L.114-1998, SEC.7.&EHST.

&DNM.IC 34-7-7-3
&YENC.1998
&YAMD.1998
"Claim" defined

IC 34-7-7-3 Sec. 3. As used in this chapter, "claim" means:
(1) a lawsuit;
(2) a cause of action;
(3) a petition;
(4) a complaint;
(5) a cross claim;
(6) a counterclaim; or
(7) any other judicial pleading or filing;
that requests legal or equitable relief.
&HST.As added by P.L.114-1998, SEC.7.&EHST.

&DNM.IC 34-7-7-4
&YENC.1998
&YAMD.1998
"Person" defined

IC 34-7-7-4 Sec. 4. As used in this chapter, "person" means any of
the following:
(1) An individual.
(2) Any other legal entity.
&HST.As added by P.L.114-1998, SEC.7.&EHST.

&DNM.IC 34-7-7-5
&YENC.1998
&YAMD.1998
Conditions under which rights of petition or free speech may be used
as defense

IC 34-7-7-5 Sec. 5. It is a defense in a civil action against a person
that the act or omission complained of is:
(1) an act or omission of that person in furtherance of the person's
right of petition or free speech under the Constitution of the
United States or the Constitution of the State of Indiana in
connection with a public issue; and
(2) an act or omission taken in good faith and with a reasonable
basis in law and fact.
&HST.As added by P.L.114-1998, SEC.7.&EHST.

&DNM.IC 34-7-7-6
&YENC.1998
&YAMD.1998
Discovery; stay pending motion to dismiss

IC 34-7-7-6 Sec. 6. All discovery proceedings in the action are
stayed upon the filing of a motion to dismiss made under this chapter,
except for discovery relevant to the motion.
&HST.As added by P.L.114-1998, SEC.7.&EHST.

&DNM.IC 34-7-7-7
&YENC.1998
&YAMD.1998
Costs and attorney's fees; defendant successful in motion to dismiss

IC 34-7-7-7 Sec. 7. A prevailing defendant on a motion to dismiss
made under this chapter is entitled to recover reasonable attorney's fees
and costs.
&HST.As added by P.L.114-1998, SEC.7.&EHST.

&DNM.IC 34-7-7-8
&YENC.1998
&YAMD.1998
Costs and attorney's fees; defendant unsuccessful in motion to dismiss

IC 34-7-7-8 Sec. 8. If a court finds that a motion to dismiss made
under this chapter is:
(1) frivolous; or
(2) solely intended to cause unnecessary delay;
the plaintiff is entitled to recover reasonable attorney's fees and costs
to answer the motion.
&HST.As added by P.L.114-1998, SEC.7.&EHST.

&DNM.IC 34-7-7-9
&YENC.1998
&YAMD.1998
Motion to dismiss; procedures and determination

IC 34-7-7-9 Sec. 9. (a) If a person files a motion to dismiss under
this chapter, the court in which the motion is filed shall do the
following:
(1) Treat the motion as a motion for summary judgment.
(2) Establish a reasonable time period, not to exceed one hundred
eighty (180) days, to expedite and rule on the motion.
(3) Specify time limits for the discovery of evidence to respond to
material issues raised in the motion.
(b) The person who files a motion to dismiss must state with
specificity the public issue or issue of public interest that prompted the
act in furtherance of the person's right of petition or free speech under
the Constitution of the United States or the Constitution of the State of
Indiana.
(c) The court shall make its determination based on the facts
contained in the pleadings and affidavits filed and discovered under the
expedited proceeding.
(d) The motion to dismiss shall be granted if the court finds that the
person filing the motion has proven, by a preponderance of the
evidence, that the act upon which the claim is based is a lawful act in
furtherance of the person's right of petition or free speech under the
Constitution of the United States or the Constitution of the State of
Indiana.
(e) The court must act on the motion to dismiss within thirty (30)
days from the submission of evidence made by motion to the court that
is discovered within the specific expedited time period allowed.
(f) If a court does not act within the thirty (30) days provided in
subsection (e), the person filing the motion may appeal the matter
based on the court's failure to rule on the motion.
&HST.As added by P.L.114-1998, SEC.7.&EHST.

&DNM.IC 34-7-7-10
&YENC.1998
&YAMD.1998
Remedy in addition to other remedies provided by law

IC 34-7-7-10 Sec. 10. The remedy provided by this chapter is in
addition to other remedies provided by law.
&HST.As added by P.L.114-1998, SEC.7.&EHST.

&DNM.IC 34-55-7
&YENC.
&YAMD.

Chapter 7. Liability of Sheriff to Pay Money Collected on Execution

&DNM.IC 34-55-7-1
&YENC.1998
&YAMD.1998
Time of paying over money

IC 34-55-7-1 Sec. 1. When the sheriff has collected any money on
execution, the sheriff shall pay over the money at the earliest
opportunity, unless enjoined.
&HST.As added by P.L.1-1998, SEC.51.&EHST.

&DNM.IC 34-55-7-2
&YENC.1998
&YAMD.1998
Neglect or refusal of sheriff to levy or sell; liability

IC 34-55-7-2 Sec. 2. If a sheriff neglects or refuses to levy upon or
sell any property justly liable to execution when the levy or sale might
have been done, the sheriff is liable for the value of the property, not
to exceed the amount necessary to satisfy the execution.
&HST.As added by P.L.1-1998, SEC.51.&EHST.

&DNM.IC 34-55-7-3
&YENC.1998
&YAMD.1998
Neglect or refusal of sheriff to return execution; liability

IC 34-55-7-3 Sec. 3. If a sheriff neglects or refuses to return any
execution as required by law, or makes a false return on the execution,
the sheriff is liable for the amount the sheriff might and should have
levied by virtue of the execution.
&HST.As added by P.L.1-1998, SEC.51.&EHST.

&DNM.IC 34-55-7-4
&YENC.1998
&YAMD.1998
Neglect or refusal of sheriff to pay over money collected on execution;
liability

IC 34-55-7-4 Sec. 4. If a sheriff neglects or refuses on demand to
pay over any money collected on execution to the execution creditor,
the execution creditor's agent or attorney, or the execution debtor when
entitled, the sheriff is liable for the amount withheld.
&HST.As added by P.L.1-1998, SEC.51.&EHST.

&DNM.IC 34-55-7-5
&YENC.1998
&YAMD.1998
Additional damages

IC 34-55-7-5 Sec. 5. In all cases described in sections 2, 3, and 4 of
this chapter, the plaintiff shall, in addition to the amount of liability,
recover from the sheriff:
(1) legal interest; and
(2) damages not exceeding ten percent (10%) on the principal
sum recovered.
&HST.As added by P.L.1-1998, SEC.51.&EHST.

&DNM.IC 34-55-7-6
&YENC.1998
&YAMD.1998
Actions against sheriff; procedure

IC 34-55-7-6 Sec. 6. (a) Recovery under section 5 of this chapter
may be made by:
(1) motion against the officer in the proper court upon ten (10)
days notice; or
(2) action on the bond of the sheriff.
(b) The proceedings in this section may be commenced immediately
upon the default of the sheriff, either before or after the return day of
the execution.
&HST.As added by P.L.1-1998, SEC.51.&EHST.

&DNM.IC 34-55-7-7
&YENC.1998
&YAMD.1998
Return of execution

IC 34-55-7-7 Sec. 7. (a) Every execution shall be returned
immediately upon being satisfied by the collection of the money or
upon order of the plaintiff or the plaintiff's agent endorsed on the
execution.
(b) When the return day of an execution falls on Sunday, the
execution shall be returned on the following Monday.
&HST.As added by P.L.1-1998, SEC.51.&EHST.

&DNM.IC 34-55-7-8
&YENC.1998
&YAMD.1998
Failure to give notice of sale to defendant; plaintiff required to submit
refunding bond

IC 34-55-7-8 Sec. 8. If:
(1) the sheriff sells the property of a nonresident or other person
upon an execution issued on a judgment recovered against the
person in a case where publication has been provided; and
(2) no personal notice of the pendency of the action was given to
the defendant;
the plaintiff may not receive any of the proceeds of the sale until the
plaintiff has filed in the clerk's office a written undertaking, with
surety, to be approved by the clerk, to the effect that the plaintiff will
refund the money about to be received by the plaintiff, or so much of
the money as is necessary, if the judgment is afterwards annulled or set
aside and the defendant shows that the plaintiff's claim is unfounded in
whole or in part. However, surety to refund is not required in cases of
attachment.

&HST.As added by P.L.1-1998, SEC.51.&EHST.

&DNM.IC 34-55-7-9
&YENC.1998
&YAMD.1998
Death of defendant; effect

IC 34-55-7-9 Sec. 9. The death of a defendant, after the execution
is placed in the hands of the sheriff to be executed, does not affect the
sheriff's proceedings, except that the amount of property allowed
absolutely to the surviving spouse of the decedent is exempt from levy
and sale under the execution.
&HST.As added by P.L.1-1998, SEC.51.&EHST.

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Last modified: May 25, 2006