Application for leave to prosecute or defend as an indigent person Sec. 1. An indigent person who does not have sufficient means to prosecute or defend ...

Assignment of attorney Sec. 2. (a) This section may not be construed to prohibit a court from participating in a pro bono legal services program or ...

Application of chapter Sec. 1. This chapter applies to a person who was assigned representation as an indigent person ...

Annulment of order Sec. 2. If the person described in section 1 of this chapter is guilty of: (1) any improper conduct; or (2) ...

Compilation of statutes of limitation not exhaustive Sec. 1. This article is not intended to be an exhaustive compilation of all statutes of limitation in the ...

Cause of action arising on, before, or after September 1, 1982 Sec. 2. (a) A cause of action that: (1) arises on or after September ...

Employment related actions Sec. 1. An action relating to the terms, conditions, and privileges of employment except actions based upon a ...

Employment related action against the state of Indiana Sec. 2. An action against the state of Indiana relating to the terms, conditions, and privileges of employment ...

Professional services related actions Sec. 3. An action of any kind for damages, whether brought in contract or tort, based upon professional services rendered or which ...

Injury or forfeiture of penalty actions Sec. 4. An action for: (1) injury to person or character, (2) injury to personal property; or ...

Real property recovery actions Sec. 5. An action for the recovery of real property sold by executors, administrators, guardians, or commissioners of a court, upon a ...

Sheriffs or public officers; actions growing out of liability incurred during official acts or omissions of duty Sec. 6. An action against: (A) a sheriff; ...

Six year limitation Sec. 7. The following actions must be commenced within six (6) years after the cause of action accrues: (1) Actions on accounts ...

Real property execution actions Sec. 8. An action for the recovery of real property sold on execution, brought by the execution debtor, the execution debtor's heirs, ...

Promissory notes, bills of exchange, or written contracts for payment of money Sec. 9. An action upon promissory ...

Enforcement of child support obligations Sec. 10. An action to enforce a child support obligation must be commenced not later than ten (10) years after: ...

Employment related action by volunteer firefighter or member of volunteer emergency medical services association Sec. 10.5. An action brought by a volunteer: (1) firefighter; or ...

Written contract actions Sec. 11. An action upon contracts in writing other than those for the payment of money, and including all mortgages other than chattel ...

Satisfaction of judgment after expiration of 20 years Sec. 12. Every judgment and decree of any court of record of the United States, of Indiana, or ...

Mutual, open, and current accounts Sec. 1. In an action brought to recover a balance due upon a mutual, open, and current account between the parties, ...

Tolling of time while nonresident Sec. 1. The time during which the defendant is a nonresident of the state is not computed in any of the ...

Bar of cause of action is defense Sec. 2. When: (1) a cause of action arose outside of Indiana against ...

Disabled persons or members of armed services Sec. 3. This chapter shall not be construed to amend or alter present laws relating to the ...

Concealing cause of action Sec. 1. If a person liable to an action conceals the fact from the knowledge of the person entitled to bring the ...

Legal disabilities; accrual of action Sec. 1. A person who is under legal disabilities when the cause of action accrues may bring the action within two ...

No legal disability upon reaching age 18 Sec. 2. A contract, sale, release, or conveyance executed by a person after reaching the person's eighteenth birthday may ...

Death of parties; survival of action Sec. 1. If any person entitled to bring, or liable to, any action, dies before the expiration of the time ...

New actions; continuation of action Sec. 1. (a) This section applies if a plaintiff commences an action and: (1) the plaintiff fails in the action ...

New or continuing contract Sec. 1. An acknowledgment or promise is not evidence of a new or continuing contract, for the purpose of taking the case ...

Joint contractor, executor, or administrator liability Sec. 2. The acknowledgment or promise of one (1) joint contractor or executor ...

Payment; endorsement or memorandum Sec. 3. This chapter does not take away or lessen the effect of any payment made by any person. ...

Joint debtor or sureties; payment Sec. 4. (a) This section applies to: (1) a joint debtor; and (2) the representatives of a joint ...

Failure to abort; negligence action; damages Sec. 1. A person may not maintain a cause of action or receive an award of damages on the person's ...

Causes of action abolished Sec. 1. (a) The following civil causes of action are abolished: (1) Breach of promise to marry. (2) Alienation of ...

Certain causes of action not to arise within state Sec. 2. (a) No act done after June 10, 1935, within Indiana operates to give rise, either ...

Filing or threatening to file abolished cause of action prohibited Sec. 3. It is unlawful after June 10, 1935, for any person, either as litigant or ...

Identifying corespondent or participant in divorce, separate maintenance, annulment, or custody action prohibited Sec. 4. It is unlawful for any person, either ...

Motion to make pleading or paper more specific Sec. 5. (a) Except as provided in subsection (b), in cases described in section 4 of this chapter, ...

Questioning intended to elicit name of third persons prohibited Sec. 6. (a) An attorney who appears in a proceeding described in section 4 of this chapter ...

Compromise or settlement of abolished causes of action prohibited Sec. 7. (a) All contracts and instruments executed after June 10, 1935, within Indiana ...

Violations Sec. 8. A person who knowingly violates section 3, 4, 5, or 7 of this chapter commits a Class D felony. As added ...

"Firearm" defined Sec. 1. As used in this chapter, "firearm" has the meaning set forth in IC 35-47-1-5. As added by P.L.19-2001, SEC.1. ...

"Person" defined Sec. 2. As used in this chapter, "person" has the meaning set forth in IC 35-41-1-22. As added by P.L.19-2001, SEC.1. ...

Prohibited actions Sec. 3. Except as provided in section 5(1) or 5(2) of this chapter, a person may not bring an action against a firearms or ...

Fees and costs awarded for groundless actions Sec. 4. If a court finds that a party has brought an action under a theory of recovery described ...

Allowable actions Sec. 5. Nothing in this chapter may be construed to prohibit a person from bringing an action against a firearms or ammunition manufacturer, trade ...

Commencement of actions; limitations; trial by court Sec. 1. (a) Any person having a claim against the state arising out of an express or implied contract ...

Repealed ( Repealed by P.L.2-2005, SEC.131.) ...

Exemption from chapter Sec. 3. This chapter does not authorize any person to bring suit against the state of Indiana upon any obligation described in Article ...

Attorney general; duties Sec. 4. The attorney general, in person or by deputy, shall defend and represent the interests of the state in any action brought ...

Appeal to supreme court Sec. 5. In all actions against the state, either party may appeal directly to the supreme court, under the same rules, regulations, ...

Judgments against state; interest rate; appropriation to pay judgment Sec. 6. Whenever, by final decree or judgment, a sum of money ...

Counsel to assist attorney general Sec. 7. Whenever, in the opinion of the governor, the interests of the state require it, the governor may employ counsel ...

Personal liability on contracts entered into within scope of employment Sec. 1. A present or former public employee, including a member ...

Defense of state employee for claims or suits arising out of contracts Sec. 2. If requested to do so, the ...

Judgment or settlement as bar to action against employee; judgments for claims against employee acting within scope of employment; costs and ...

Applicability of chapter Sec. 1. (a) This chapter applies only to a claim or suit in tort. (b) The provisions of this chapter also apply ...

Applicability of chapter to bureau of motor vehicles Sec. 2. This chapter applies to a claim or suit in tort against any of the following: ...

Immunity of governmental entity or employee Sec. 3. A governmental entity or an employee acting within the scope of the employee's employment is not liable if ...

Limitation on aggregate liability; punitive damages prohibited Sec. 4. (a) The combined aggregate liability of all governmental entities and of all public employees, acting within the ...

Actions against individual members not authorized; judgment against or settlement by governmental entity Sec. 5. (a) Civil actions relating to acts taken by a board, a ...

Notice to attorney general and state agency involved Sec. 6. (a) Except as provided in sections 7 and 9 of this chapter, a claim against the ...

Administrative claim for inmate's recovery of property Sec. 7. (a) An offender must file an administrative claim with the department of correction to recover compensation for ...

Claims against political subdivisions; notice requirement Sec. 8. (a) Except as provided in section 9 of this chapter, a claim against a political subdivision is barred ...

Incapacitated plaintiffs; notice requirement Sec. 9. If a person is incapacitated and cannot give notice as required in section 6 or 8 of this chapter, the ...

Notice requirement; form of statement Sec. 10. The notice required by sections 6, 8, and 9 of this chapter must describe in a short and plain ...

Approval or denial of claim by government entity Sec. 11. Within ninety (90) days of the filing of a claim, the governmental entity shall ...

Notice requirements; service Sec. 12. The notices required by sections 6, 8, 9, and 11 of this chapter must be in writing and must be delivered ...

Denial of claim as prerequisite to suit Sec. 13. A person may not initiate a suit against a governmental entity unless the person's claim has been ...

Compromise or settlement of claim by governor Sec. 14. Except as provided in section 20 of this chapter, the governor may compromise or settle a claim ...

Attorney general; powers and duties Sec. 15. Except as provided in section 20 of this chapter, the attorney general: (1) shall advise the governor concerning ...

Compromise or settlement of claim by political subdivision Sec. 16. Except as provided in section 20 of this chapter, the governing body of a political subdivision ...

Enforcement of judgments against governmental entities Sec. 17. A court that has rendered a judgment against a governmental ...

Time for payment of claim or judgment; interest rate Sec. 18. (a) A claim or suit settled by, or a judgment rendered against, a governmental entity ...

Applicability of IC 34-13-3-18; settlement Sec. 19. Section 18 of this chapter does not apply if there is a structured settlement under section 23 of this ...

Liability insurance; prohibitions Sec. 20. (a) A political subdivision may purchase insurance to cover the liability of itself or its employees, including a member of a ...

Attorney's fees; allowance to governmental entity; action for abuse of process Sec. 21. In any action brought against a governmental entity in tort, the court may ...

Persons or entities considered political subdivisions Sec. 22. (a) For purposes of this chapter, the following shall be treated as political subdivisions: (1) A community ...

Structured settlement; discharge; limits Sec. 23. (a) With the consent of the claimant, a political subdivision may compromise or ...

Appropriations for payment of claims and expenses Sec. 24. There is appropriated from the state general fund sufficient funds to: ...

Presentation of vouchers and issuance of warrants for appropriations Sec. 25. The attorney general shall present vouchers for the items or expenses described in section 24 ...

Personal civil liability under civil rights laws of employee acting within scope of employment Sec. 1. If a present or former public employee, including a member ...

Defending state employee for claims or suits arising under civil rights laws Sec. 2. If requested to do so, the attorney general shall defend a present ...

Chapter as not waiving eleventh amendment Sec. 3. This chapter shall not be construed as: (1) a waiver of the eleventh amendment to the Constitution ...

Attorney's fees; allowance to governmental entity; action for abuse of process Sec. 4. In any action brought against a governmental entity under civil rights laws of ...

Exclusive applicability of chapter Sec. 1. All public lawsuits shall be brought solely in conformity with and governed by the provisions of this chapter. ...

Plaintiff; class actions; right of intervention Sec. 2. (a) Plaintiffs in a public lawsuit may sue in their capacity either as citizens or taxpayers of the ...

Trial procedure Sec. 3. The procedure in the trial court governing trial of the public lawsuit is the same as in other civil cases. When possible, ...

Change of venue Sec. 4. A change of venue from the judge may be permitted, but no change from the county may be permitted. When a ...

Appointment of special judge Sec. 5. (a) The rules regarding the selection of a special judge in civil cases do not apply. The supreme court shall ...

Special reporter Sec. 6. To expedite the trial of the case, either party may apply to the court for the appointment of ...

Interlocutory hearing Sec. 7. (a) At any time before the final hearing in a public lawsuit, the defendant may petition for an order of the court ...

Appeals Sec. 8. Appeals from any final judgment in a public lawsuit shall be governed by, and taken in the same manner and with the same ...

Extensions of time; advance of trial or appeal Sec. 9. Extensions of time, both in the trial court and in the Indiana supreme court, shall be ...

Jurisdiction of trial court Sec. 10. (a) A public lawsuit may not be brought, and no trial court has jurisdiction of any public lawsuit that is ...

Exhaustion of administrative remedies required before bringing public lawsuit Sec. 11. As a condition precedent to bringing any public lawsuit, a plaintiff must first exhaust all ...

Matters to be heard in public hearing Sec. 12. Where: (1) as a condition precedent to the construction, financing, or leasing of a public improvement, ...

Complaint; filing; contents Sec. 1. (a) An appeal allowed by statute from any action or decision of: (1) a board of a city; (2) ...

Pleading; motions to dismiss complaint or appeal Sec. 2. A pleading is not required by the municipality to the complaint on appeal since the allegations of ...

Consolidation of appeals; separate trial Sec. 3. (a) If more than one (1) appeal is taken from a proceeding and the appeals are filed in the ...

Trial of appeals; scope of review; disposition Sec. 4. (a) The decisions of the board or council appealed from are conclusive on all parties except the ...

Findings of court; judgment; costs; damages; assessment of benefits Sec. 5. (a) If the court finds that the action ...

Change of venue or judge; rehearing; supreme court appeal; procedure Sec. 6. A change of venue from the ...

Increase in damages or reduction in assessment of benefits; liability of city; costs of appeal Sec. 7. (a) If on ...

Priority of appeal Sec. 8. An appeal takes precedence over other pending litigation and shall be tried and determined by the court at as early a ...

Required submissions by an offender bringing an action against public employees and governmental entities Sec. 1. (a) In addition to any other requirements under law, before ...

Power of court; form and effect of declaration Sec. 1. Courts of record within their respective jurisdictions have the power to declare rights, status, and other ...

Persons who may obtain declaratory judgment Sec. 2. Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, ...

Construction of contract before or after breach Sec. 3. A contract may be construed either before or after there has been a breach of the contract. ...

Declarations regarding trusts or estates Sec. 4. Any person interested as or through an executor, administrator, trustee, guardian, or other ...

General powers not restricted by enumeration of specific powers Sec. 5. The enumeration in sections 2, 3, or 4 of this chapter does not limit or ...

Refusal to render declaratory judgment; discretion of court Sec. 6. The court may refuse to render or enter a declaratory judgment or decree where the judgment ...

Review of judgments or decrees Sec. 7. All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees. ...

Further relief based on declaratory judgment; application Sec. 8. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The ...

Trial on issues of fact Sec. 9. When a proceeding under this chapter involves the determination of ...

Award of costs Sec. 10. In any proceeding under this chapter, the court may make an award of costs as may seem equitable and just. ...

Parties to action; municipalities and attorney general as parties Sec. 11. When declaratory relief is sought, all persons shall be made parties who have or claim ...

Purpose of chapter Sec. 12. This chapter is declared to be remedial. The purpose of this chapter is to settle and to afford relief from uncertainty ...

"Person" defined Sec. 13. The word "person" wherever used in this chapter shall be construed to mean any person, partnership, limited liability company, joint stock company, ...

Severability of certain sections Sec. 14. The several sections and provisions of this chapter except sections 1 and 2, are hereby declared independent and severable, and ...

Construction of chapter Sec. 15. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those ...

Short title Sec. 16. This chapter may be cited as the Uniform Declaratory Judgments Act. As added by P.L.1-1998, SEC.9. &DNM.IC ...

Allegation; burden of proof Sec. 1. In an action for libel or slander, it is sufficient to state generally that the defamatory matter published or spoken ...

Truth; mitigating circumstances; evidence Sec. 2. In an action for libel or slander, the defendant may allege: (1) the truth of the matter charged as ...

Abrogation of reasonable doubt standard Sec. 1. The proof of an answer of justification in cases of libel and slander is controlled by the rule that ...

Applicability of chapter Sec. 1. (a) This chapter applies to a suit brought for: (1) publishing; (2) speaking; (3) uttering; or (4) ...

Service of notice Sec. 2. At least three (3) days before filing a complaint in a suit described in section 1 of this chapter, the aggrieved ...

Retraction mitigates damages Sec. 3. The plaintiff in a suit described in section 1 of this chapter may recover only actual damages if it appears, upon ...

Applicability of chapter Sec. 1. (a) This chapter applies to a suit for the: (1) publication of a libel by a newspaper; or (2) ...

Service of notice Sec. 2. (a) Before bringing a suit described in section 1 of this chapter, the aggrieved party shall: (1) at least four ...

Retraction mitigates damages Sec. 3. The plaintiff in a suit described in section 1 of this chapter may recover only actual damages if: (1) it ...

Actionable charges Sec. 1. Every charge of incest, homosexuality, bestiality, fornication, adultery, or whoredom falsely made against any person ...

Void instruments Sec. 1. A note, bill, bond, conveyance, contract, mortgage, or other security made in consideration of: (1) money or other property won as ...

Debtor; civil action to recover losses; limitation Sec. 2. If a person, by betting on a game or on the hands or sides of persons playing ...

Pleading 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 ...

Prosecuting attorney; civil action to recover losses Sec. 4. If, within the one hundred eighty (180) day period, the person fails to sue or ...

Discovery Sec. 5. A person who is sued under this chapter (or IC 34-4-28 before is repeal) shall answer, under oath or affirmation, questions concerning the ...

Information; when filing allowed Sec. 1. An information may be filed against any person or corporation in the ...

Annulment or vacation of certain documents Sec. 2. An information may be prosecuted to annul or vacate any letters-patent, certificate, or deed granted by the proper ...

Escheat or forfeiture of property to state Sec. 3. Whenever property escheats or is forfeited to the state for the state's use, the legal title is ...

Filing of information Sec. 1. An information described in IC 34-17-1-1 may be filed: (1) by the prosecuting attorney in the circuit court of the ...

Annulment or vacation of certain documents; procedure Sec. 2. (a) An information to annul or vacate any letters-patent, certificate, or deed described in IC 34-17-1-2 may ...

Information to recover property Sec. 3. (a) Following forfeiture or escheat of property as described in IC 34-17-1-3, an information may be filed by the prosecuting ...

Contest for office; single information against several persons Sec. 4. When several persons claim to be entitled to the same office or franchise, one (1) information ...

Contents of information Sec. 5. The information consists of a plain statement of the facts that constitute the grounds of the proceeding, addressed to the court. ...

Usurping office; procedure Sec. 6. (a) This section applies to an information filed against a person for usurping an office. (b) Whenever an information described ...

Summons and answer Sec. 7. Whenever an information is filed, a summons shall issue, which shall be served and returned as in other actions. The defendant ...

Contest for office; judgment Sec. 1. In every case contesting the right to an office, judgment shall be rendered upon the rights of the parties, and ...

Judgments in favor of relator; proceedings; filling public office vacancy under IC 5-8-6 Sec. 2. (a) If judgment is rendered in favor of a person who ...

Refusal of defendant to deliver books and papers; enforcement by attachment and imprisonment Sec. 3. If the defendant refuses or neglects to deliver the books and ...

Damages Sec. 4. (a) This section applies to a judgment rendered in favor of the plaintiff. (b) If the plaintiff did not claim damages in ...

Judgment or exclusion from office, franchise, or corporate rights; dissolution of corporation Sec. 5. (a) This section applies whenever: (1) a person is found guilty ...

Execution or attachment against directors or officers of corporations Sec. 6. (a) If judgment is rendered against a corporation or against any persons claiming to be ...

Liability for costs Sec. 7. When an information is filed by the prosecuting attorney, the prosecuting attorney is not liable for costs. However, when an information ...

Application of article Sec. 1. This article does not apply to an act of malpractice that occurred before July 1, 1975. As added by ...

Application of definitions Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.1-1998, SEC.13. ...

Terms of art Sec. 2. A legal term or word of art that is used in this article, if not otherwise defined, has ...

Repealed ( Repealed by P.L.205-2003, SEC.44.) ...

"Ambulance service" Sec. 4. "Ambulance service" means a person who employs: (1) emergency medical technicians; (2) emergency medical technicians-basic advanced; (3) emergency medical ...

"Annual aggregate" Sec. 5. "Annual aggregate" means the limitation on a health care provider's liability as provided in IC 34-18-4. As added by P.L.1-1998, ...

"Authority" Sec. 6. "Authority" refers to the residual malpractice insurance authority established under IC 34-18-17 (or IC 27-12-17 before its repeal). As added by ...

"College", "university", and "junior college" Sec. 7. "College, university, or junior college" means an institution for postsecondary school education ...

"Commissioner" Sec. 8. "Commissioner" refers to the insurance commissioner. As added by P.L.1-1998, SEC.13. ...

"Community health center" Sec. 9. "Community health center" means a provider of primary health care organized as a nonprofit corporation under IC 23-7-1.1 (before its repeal ...

"Community mental health center" Sec. 10. "Community mental health center" means a public or private mental health center established under IC 12-29. As added ...

"Community mental retardation center" Sec. 11. "Community mental retardation center" means a public or private community mental retardation and other developmental disabilities center established under IC ...

"Emergency medical technician" Sec. 12. "Emergency medical technician" has the meaning set forth in IC 16-18-2-112 but does not include such a person while operating an ...

"Emergency medical technician-basic advanced"; exclusion Sec. 12.1. (a) "Emergency medical technician-basic advanced" has the meaning set forth in IC 16-18-2-112.5. (b) The term does not ...

"Emergency medical technician-intermediate"; exclusion Sec. 12.2. (a) "Emergency medical technician-intermediate" has the meaning set forth in IC 16-18-2-112.7. (b) The term does not include a ...

"Health care" Sec. 13. "Health care" means an act or treatment performed or furnished, or that should have been performed or furnished, by a health care ...

"Health care provider" Sec. 14. "Health care provider" means any of the following: (1) An individual, a partnership, a limited liability company, a corporation, a ...

"Health facility" Sec. 15. "Health facility" means a facility licensed under IC 16-28. As added by P.L.1-1998, ...

"Hospital" Sec. 16. "Hospital" means a public or private institution licensed under IC 16-21-2. As added by P.L.1-1998, SEC.13. ...

"Insurer" Sec. 17. "Insurer" means the authority or an insurance company engaged on an admitted or nonadmitted basis in making in this state Class 2(h) malpractice ...

"Malpractice" Sec. 18. "Malpractice" means a tort or breach of contract based on health care or professional services that were provided, or that should have been ...

"Midwife" Sec. 19. "Midwife" means a registered nurse who holds a limited license to practice midwifery under IC 25-23-1-13.1. As added by P.L.1-1998, SEC.13. ...

"Migrant health center" Sec. 20. "Migrant health center" means a provider of primary health care organized as a nonprofit corporation under IC 23-7-1.1 (before its repeal ...

"Paramedic" Sec. 21. (a) "Paramedic", except as provided in subsection (b), has the meaning set forth in IC 16-18-2-266. (b) The term does not include ...

"Patient" Sec. 22. "Patient" means an individual who receives or should have received health care from a health care provider, under a contract, express or implied, ...

"Physician" Sec. 23. "Physician" means an individual with an unlimited license to practice medicine under IC 25-22.5. As added by P.L.1-1998, SEC.13. ...

"Psychiatric hospital" Sec. 24. "Psychiatric hospital" means a private institution licensed under IC 12-25 and public institutions under the administrative control of the director of a ...

"Qualified provider" Sec. 24.5. "Qualified provider" means a health care provider that is qualified under this article (or by IC 27-12 before its repeal) by complying ...

"Representative" Sec. 25. "Representative" means the spouse, parent, guardian, trustee, attorney, or other legal agent of the patient. As added by P.L.1-1998, SEC.13. ...

"Risk" Sec. 26. "Risk" means a health care provider that must apply for malpractice liability insurance coverage under IC 34-18-17. As added by P.L.1-1998, ...

"Risk manager" Sec. 27. "Risk manager" means an insurance company that is: (1) admitted to make insurance and actively engaged in making in this state ...

"Tort" Sec. 28. "Tort" means a legal wrong, breach of duty, or negligent or unlawful act or omission proximately causing injury or damage to another. ...

Application of article Sec. 1. A health care provider who fails to qualify under this article is not covered by this article and is subject to ...

Qualifications; proof of financial responsibility Sec. 2. For a health care provider to be qualified under this article, the health care provider or the health care ...

Qualification of officers, agents, and employees of health care providers Sec. 3. The officers, agents, and employees of a health care provider, while acting in the ...

Claims against governmental entities and employees Sec. 4. (a) As used in this section, "employee of a governmental entity" has the meaning set forth in IC ...

Receipt of proof of financial responsibility and surcharge; timeliness of compliance; penalties Sec. 5. (a) Except as ...

Notification of qualification Sec. 6. Within five (5) business days after the department of insurance receives the information required under section 2 of this chapter ...

Adoption of rules; minimum annual aggregate insurance amount Sec. 7. (a) The commissioner shall adopt rules under IC 4-22-2 to establish the following: (1) Criteria ...

Establishment of financial responsibility Sec. 1. Financial responsibility of a health care provider and the provider's officers, agents, and employees while acting in the course and ...

Security; manner of holding; withdrawal Sec. 2. Security provided under section 1(2) of this chapter may be held in any manner mutually agreeable to the commissioner ...

Hospital bed size determined by health department Sec. 3. For the purposes of section 1 of this chapter, the bed size of a hospital shall be ...

Partners and members of professional corporations Sec. 4. To establish financial responsibility under this chapter, each individual who is a member of a partnership or professional ...

Annual surcharge on health care providers Sec. 1. To create a source of money for the patient's compensation fund, an annual surcharge shall be levied on ...

Amount of surcharge Sec. 2. (a) As used in this section, "actuarial program" means a program used or created by the department to determine the actuarial ...

Collection of surcharge; time for payment Sec. 3. (a) The surcharge shall be collected on the same basis as premiums by each insurer, risk manager, or ...

Adoption of rules; comparability of rates Sec. 4. (a) The commissioner may adopt rules establishing the following: (1) The manner of determination of the surcharge ...

Creation of fund Sec. 1. (a) The patient's compensation fund is created to be collected and received by the commissioner for exclusive use for the purposes ...

Protection of fund; legal services; expenses Sec. 2. (a) The commissioner, using money from the fund, as considered necessary, appropriate, or desirable, may purchase or retain ...

Repealed ( Repealed by P.L.111-1998, SEC.16.) ...

Payment of claims; time for payment Sec. 4. (a) Claims for payment from the patient's compensation fund that become final during the first six (6) months ...

Warrant for payment from fund; vouchers Sec. 5. The auditor of state shall issue a warrant in the amount of each claim submitted to the auditor ...

Processing of claims; conditions of payment; settlement Sec. 6. (a) If an annual aggregate for a health care provider qualified under this article has been paid ...

Exemptions from state procurement statutes Sec. 7. The following are exempt from IC 5-22 governing state purchasing: (1) Technical contractual personnel and services retained by ...

Limitations period Sec. 1. (a) This section applies to all persons regardless of minority or other legal disability, except as provided in subsection (c). ...

Time for filing claim; those under legal disability Sec. 2. Notwithstanding IC 34-18-1-1, any claim, whether in contract or tort, by a minor or other person ...

Tolling of statute of limitations; filing of proposed complaint Sec. 3. (a) The filing of a proposed complaint tolls the applicable statute of limitations to and ...

Commencement of action; complaint Sec. 1. Subject to IC 34-18-10 and sections 4 through 6 of this chapter, a patient or the representative of a patient ...

Fees Sec. 2. The following fees must accompany each proposed complaint filed: (1) A filing fee of five dollars ($5). ...

Demand; reasonable damages Sec. 3. Except for the declaration called for in section 6(a) of this chapter, a dollar amount or figure may not be included ...

Prerequisites to commencement of action; presentation of claim to medical review panel Sec. 4. Notwithstanding section 1 of this chapter, and except as provided in sections ...

Agreements not to present claims to medical review panels Sec. 5. Notwithstanding section 4 of this chapter, a claimant may commence an action in court for ...

Claims not greater than $15,000; commencement of action; dismissal without prejudice Sec. 6. (a) Notwithstanding section 4 of this chapter, a ...

Commencement of action while claim being considered by medical review panel Sec. 7. (a) Notwithstanding section 4 of this chapter, beginning July 1, 1999, a claimant ...

Motion to dismiss filed by commissioner Sec. 8. If action has not been taken in a case ...

Proposed complaints; notice to named defendants Sec. 1. Within ten (10) days after receiving a proposed complaint under IC 34-18-8, the commissioner shall forward a copy ...

Medical liability insurers; notice of suit to commissioner Sec. 2. A medical liability insurer of a health care provider against whom an action has been filed ...

Notice of reserve by medical liabilty insurer; report of final adjudications and settlements Sec. 3. (a) A health care provider's ...

Fitness reviews of health care providers Sec. 4. (a) The medical review panel (as described in IC 34-18-10) shall make a separate determination, at the time ...

Establishment of medical review panels Sec. 1. This chapter provides for the establishment of medical review panels to review proposed malpractice complaints against health care providers ...

Request for formation of panels Sec. 2. Not earlier than twenty (20) days after the filing of a proposed complaint, either party may request the formation ...

Members; chairman; powers and duties Sec. 3. (a) A medical review panel consists of one (1) attorney and three (3) health care providers. (b) The ...

Selection of panel members Sec. 4. A medical review panel shall be selected in the following manner: (1) Within fifteen (15) days after the filing ...

Eligibility for panel membership Sec. 5. Except for health care providers who are health facility administrators, all health care providers in Indiana, whether in the teaching ...

Selection of members by parties Sec. 6. Each party to the action has the right to select one (1) health care provider, and upon selection, the ...

Selection of panel members by multiple parties Sec. 7. If there are multiple plaintiffs or defendants, only one (1) health care provider shall be selected per ...

Panelists to be members of defendant's profession Sec. 8. If there is only one (1) party defendant ...

Selection periods; notification; selections by chairman Sec. 9. Within fifteen (15) days after the chairman is selected, both parties shall select a health care provider and ...

Challenges to panel member selections Sec. 10. Within ten (10) days after the selection of a panel member, written challenge without cause may be made to ...

Formation of panel; notice to commissioner and parties Sec. 11. When a medical review panel is formed, the chairman shall within five (5) days notify the ...

Excusing members from service Sec. 12. (a) A member of a medical review panel who is selected under this chapter shall serve unless: (1) the ...

Panel expert opinion; time for issuance Sec. 13. (a) The panel shall give its expert opinion within one hundred eighty (180) days after the selection of ...

Sanction for failure to act as required by chapter Sec. 14. A party, attorney, or panelist who fails to act as required by this chapter without ...

Removal of chairman Sec. 15. (a) The commissioner may remove the chairman of the panel if the commissioner determines that the chairman is not fulfilling the ...

Removal of panel member Sec. 16. (a) The chairman may remove a member of the panel if the chairman determines that the member is not fulfilling ...

Evidence; oath Sec. 17. (a) The evidence in written form to be considered by the medical review panel shall be promptly submitted by the respective parties. ...

Communication with panel by parties or their agents prohibited Sec. 18. Neither a party, a party's agent, a party's attorney, nor a party's insurance carrier may ...

Preparation of opinion by chairman Sec. 19. The chairman of the panel shall advise the panel relative to any legal question involved in the review proceeding ...

Convening and questioning of panel Sec. 20. (a) Either party, after submission of all evidence and upon ten (10) days notice to the other side, has ...

Duties of panel in conduct of inquiry; access to information Sec. 21. (a) The panel has the right and duty to request all necessary information. ...

Expert opinions Sec. 22. (a) The panel has the sole duty to express the panel's expert opinion as to whether or not the evidence supports the ...

Report of panel as evidence at trial; members as witnesses Sec. 23. A report of the expert opinion reached by the medical review panel is admissible ...

Immunity from civil liability Sec. 24. A panelist has absolute immunity from civil liability for all communications, findings, opinions, and conclusions made in the course and ...

Compensation of members Sec. 25. (a) Each health care provider member of the medical review panel is entitled to be paid: (1) up to ...

Copies of reports Sec. 26. The chairman shall submit a copy of the panel's report to: (1) the commissioner; and (2) all parties and ...

Discovery; preliminary rulings Sec. 1. (a) A court having jurisdiction over the subject matter and the parties to a proposed complaint filed with the commissioner under ...

Invoking jurisdiction of the court; issuance of summons Sec. 2. (a) A party to a proceeding commenced under this article, the commissioner, or the chairman of ...

Time for reply to motion; rulings Sec. 3. (a) Each nonmoving party to the proceeding, including the commissioner and the chairman of the medical review panel, ...

Stay of proceedings Sec. 4. Upon the filing of a copy of the proposed complaint and motion with the clerk of the court, all further proceedings ...

Enforcement Sec. 5. The court may enforce its ruling on any motion filed under this chapter in accordance with the Indiana Rules of Procedure, subject to ...

Health care provider liability; actions based on breach of contract Sec. 1. Liability may not be imposed on a health care provider on the basis of ...

Informed consent; rebuttable presumption Sec. 2. If a patient's written consent is: (1) signed by the patient or the patient's authorized representative; (2) witnessed ...

Informed written consent; explanation of proposed treatment, outcome, and risks Sec. 3. The explanation given in accordance with section 2(3) of this chapter must include the ...

Duty to obtain informed consent Sec. 4. This chapter does not relieve a qualified health care provider of the duty to obtain an informed consent. ...

Withdrawal of consent Sec. 5. This chapter does not prevent a patient, after having signed a consent, from withdrawing that consent. As added by ...

Writing not required Sec. 6. This chapter does not require that a patient's consent or the information described under section 3 of this chapter be in ...

Compliance with chapter Sec. 7. Compliance with this chapter is not required to create an informed consent. As added by P.L.1-1998, SEC.13. ...

Patient refusal to receive information Sec. 8. A patient may refuse to receive some or all of the information described in section 3 of this chapter. ...

Consent not required; mental disability or emergency Sec. 9. Sections 2 and 3 of this chapter do not apply to a person who is mentally incapable ...

Liability under chapter dependent upon maintenance of malpractice liability insurance Sec. 1. Only while malpractice liability insurance remains in force are the health care provider and ...

Acceptance of article; filing of proof of financial responsibility Sec. 2. The filing of proof of financial responsibility with the commissioner constitutes, on the part of ...

Policy terms limiting liability void Sec. 3. A provision in a policy attempting to limit or modify the liability of the insurer contrary to this article ...

Included policy pensions Sec. 4. Every policy issued under this article (or IC 27-12 before its repeal) is considered to include the following provisions, and any ...

Insurer's failure to pay judgment; revocation of policy form Sec. 5. If an insurer fails or refuses to pay a final judgment, except during the pendency ...

"Cost of the periodic payments agreement" defined Sec. 1. As used in this chapter, "cost of the periodic payments agreement" means the amount expended by the ...

"Periodic payments agreement" defined Sec. 2. As used in this chapter, "periodic payments agreement" means a contract between a health care provider (or its insurer) and ...

Recovery limitations Sec. 3. (a) The total amount recoverable for an injury or death of a patient may not exceed the following: (1) Five hundred ...

Discharge of possible liability; periodic payments agreement Sec. 4. (a) If the possible liability of the health care provider to the patient is discharged solely through ...

Limitations on recovery from fund; direct payments; periodic payments Sec. 5. (a) If the possible liability of the fund to the patient is discharged solely through ...

Discharge of obligations Sec. 1. (a) The obligation to pay an amount from the patient's compensation fund under IC 34-18-14-3(c), IC 34-18-6-6, or section 3 of ...

Periodic payments; combined payments Sec. 2. Notwithstanding IC 34-18-6, the commissioner may: (1) discharge the possible liability of the patient's compensation fund to a patient ...

Demand in excess of policy limits; procedure Sec. 3. If a health care provider or its insurer has agreed to settle its liability on a claim ...

Failure to pay settlement or judgment Sec. 4. If a health care provider or the health care provider's surety or liability insurance carrier fails to pay ...

Advanced payment not admission of liability Sec. 1. Except as provided in IC 34-18-15-3, any advance payment made by the defendant health care provider or the ...

Admissibility; payment exceeds liability of defendant; adjustment of judgments Sec. 2. (a) Evidence of an advance payment is not admissible until there is a final judgment ...

Claim not assignable Sec. 3. A patient's claim for compensation under this article is not assignable. As added by P.L.1-1998, SEC.13. ...

Purpose of chapter Sec. 1. The purpose of this chapter is to make malpractice liability insurance available to risks (as defined in this article). ...

Residual malpractice authority created Sec. 2. (a) The residual malpractice insurance authority is created. (b) The department of insurance is designated as the residual malpractice ...

Appointment of risk manager; liability limit Sec. 3. The commissioner shall appoint a risk manager for the authority. The separate, personal, or independent assets of the ...

Powers and duties of risk manager Sec. 4. In the administration and provision for malpractice liability insurance by the authority, the ...

Compensation of risk manager Sec. 5. The risk manager shall receive, as compensation for services, a percentage of all premiums received by the risk manager under ...

Applications for insurance Sec. 6. If a risk, after diligent effort, has been declined by at least two (2) insurers, the risk may forward an application ...

Rejection of risk by manager; appeal Sec. 7. If the risk manager declines to accept the risk, notice of declination, together with the reasons, shall be ...

Investment of surplus premiums over losses; segregation of funds Sec. 8. All money appropriated by the state and any surplus of premiums over losses and expenses ...

Limitation on fees Sec. 1. When a plaintiff is represented by an attorney in the prosecution of the plaintiff's claim, the plaintiff's attorney's fees from any ...

Per diem payment by written agreement Sec. 2. A patient has the right to elect to pay for the attorney's services on a mutually satisfactory per ...

Application of article Sec. 1. This article governs all actions that are: (1) brought by a user or consumer; (2) against a manufacturer or ...

Remedies cumulative Sec. 2. This article shall not be construed to limit any other action from being brought against a seller of a product. ...

Severability 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 ...

Effective date Sec. 4. This article does not apply to a cause of action that accrues before June 1, 1978. As added by P.L.1-1998, ...

Grounds for action Sec. 1. Except as provided in section 3 of this chapter, a person who sells, leases, or otherwise puts into the stream of ...

Exercise of reasonable care; privity Sec. 2. The rule stated in section 1 of this chapter applies ...

Strict liability of manufacturer Sec. 3. A product liability action based on the doctrine of strict liability in tort may not be commenced or maintained against ...

Principal distributor or seller considered manufacturer Sec. 4. If a court is unable to hold jurisdiction over a particular manufacturer of a product ...

Negligence and strict liability in tort actions Sec. 1. (a) This section applies to all persons regardless of minority or legal disability. Notwithstanding IC 34-11-6-1, this ...

Asbestos related actions Sec. 2. (a) A product liability action that is based on: (1) property damage resulting from asbestos; or (2) personal injury, ...

Products considered defective Sec. 1. A product is in a defective condition under this article if, at the time it is conveyed by the seller to ...

Failure to provide adequate warnings or instructions Sec. 2. A product is defective under this article if the seller fails to: (1) properly package or ...

Products made safe for reasonably expectable handling and consumption not considered defective Sec. 3. A product is not defective ...

Products incapable of being made safe not considered defective Sec. 4. A product is not defective under this article if the product is incapable of being ...

Rebuttable presumption Sec. 1. In a product liability action, there is a rebuttable presumption that the product that ...

Applicability of defenses Sec. 1. The defenses in this chapter are defenses to an action brought under this article (or IC 33-1-1.5 before its repeal). ...

Burden of proof Sec. 2. The burden of proof of any defense raised in an action under this article (or IC 33-1-1.5 before its repeal) is ...

Use of product with knowledge of defect or danger Sec. 3. It is a defense to an action under this article (or IC 33-1-1.5 before its ...

Misuse of product Sec. 4. It is a defense to an action under this article (or IC 33-1-1.5 before its repeal) that a cause of the ...

Modification or alteration of product Sec. 5. It is a defense to an action under this article (or IC 33-1-1.5 before its repeal) that a cause ...

Assessment of liability Sec. 1. In a product liability action where liability is assessed against more than one (1) defendant, a defendant is not liable for ...

Assessment of percentage of fault Sec. 1. (a) In a product liability action, the fault of the person suffering the physical harm, as well as the ...

Indemnification from person actually at fault for defect Sec. 1. This article does not affect the right of any person who is found liable to seek ...

Applicability of chapter; surety may require creditor or obligee to commence action on contract Sec. 1. (a) This chapter applies to a person who is bound ...

Discharge of surety Sec. 2. If the creditor or obligee does not: (1) proceed within a reasonable time to bring an action upon the contract; ...

Trial on issue of suretyship; two or more defendants Sec. 3. (a) This section applies when: (1) an action is brought against two (2) or ...

Order of levy upon property of principal and surety Sec. 4. (a) If the finding upon the issue described in section 3(b) of this chapter is ...

Judgment remaining in force for use of surety or other person making payment Sec. 5. (a) This section applies to a: (1) defendant-surety in a: ...

Remedies against codefendants and cosureties Sec. 6. A person who: (1) is one (1) of several: (A) judgment defendants; or (B) replevin sureties; ...

When confessed judgment or default judgment by surety not permitted Sec. 7. No surety or representative of a surety ...

No relief from valuation or appraisement laws Sec. 8. Whenever a surety seeks a remedy against the principal for discharging a debt, or claim upon contract, ...

Applicability of provisions to heirs, executors, administrators, and persons under legal disabilities Sec. 9. Sections 1 through 8 of this chapter extend to: (1) heirs; ...

Surety's recovery of interest on debt paid Sec. 10. When a surety on a bill, note, bond, or other instrument in writing, is compelled to pay ...

Death from wrongful act or omission Sec. 1. When the death of one is caused by the wrongful act or omission of another, the personal representative ...

Wrongful death actions; damages Sec. 2. (a) As used in this section, "adult person" means an unmarried individual: (1) who does not have any dependents; ...

Injury or death of child; action by parent or guardian Sec. 1. (a) As used in this section, "child" means an unmarried individual without dependents who ...

Version a Seizure of vehicles and property commonly used as consideration for controlled substances offenses; seizure of tobacco products and personal property owned and used to facilitate ...

Version b Seizure of vehicles and property commonly used as consideration for controlled substances offenses; seizure of tobacco products and personal property owned and used to facilitate ...

Version c Seizure of vehicles and property commonly used as consideration for controlled substances offenses; seizure of tobacco products and personal property owned and used to facilitate ...

Seizure procedure; custody Sec. 2. (a) Property may be seized under this chapter by a law enforcement officer only if: (1) the seizure is incident ...

Action for reimbursement of law enforcement costs and forfeiture; procedure Sec. 3. (a) The prosecuting attorney for the county in which the seizure occurs may, within ...

Hearing; burden of proof; disposition of seized property Sec. 4. (a) At the hearing, the prosecuting attorney must show by a preponderance of the evidence that ...

Determination of secured interest and appraised value; disposition of property; payment Sec. 5. (a) If: (1) the court has entered judgment in favor of the ...

Public sale of property; publication of notice; proceeds Sec. 6. (a) Where disposition of property is to be made at a public sale, notice of sale ...

Court order; filing; effect 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 ...

Retention of attorney to bring action Sec. 8. (a) A prosecuting attorney may retain an attorney to bring an action under this chapter. (b) An ...

Disposition of seized property; expenditures of money Sec. 9. (a) Upon motion of a prosecuting attorney under IC 35-33-5-5(j), property ...

Injunctive relief from corrupt business influence; action by prosecuting attorney Sec. 1. The prosecuting attorney in a county in which ...

Action for forfeiture of property incident to corrupt business influence Sec. 2. (a) The prosecuting attorney in a county in which any of the property is ...

Order to have property subject to forfeiture seized Sec. 3. When an action is filed under section 2 of this chapter, the prosecuting attorney or the ...

Seizure of property subject to forfeiture; requisites; custody; limitation of actions Sec. 4. (a) Property subject to forfeiture under ...

Rights of secured party in property subject to forfeiture Sec. 5. (a) If a person holding a valid lien, mortgage, security interest, or interest under a ...

Action of aggrieved person for injunctive relief and damages from corrupt business influence; jury trial; right to forfeited property; state as aggrieved person Sec. 6. (a) ...

Relitigation of issues determined in criminal proceeding barred by collateral estoppel Sec. 7. In any action brought under this chapter (or IC 34-4-30 before its repeal), ...

Retention of attorney to bring action Sec. 8. (a) A prosecuting attorney or the inspector general may retain an attorney to bring an action under this ...

Offenses against property; recovery of damages, costs, and attorney's fee Sec. 1. If a person suffers a pecuniary loss as ...

Irrebuttable presumption of retailer's pecuniary loss; insurance or indemnification prohibited Sec. 2. (a) For purposes of determining the amount of damages recoverable under section 1(1) of ...

Action for punitive damages Sec. 3. It is not a defense to an action for punitive damages that the defendant is subject to criminal prosecution for ...

Damages inflicted by operation of motor vehicle excepted unless intentional Sec. 4. This chapter does not apply to a person who suffers pecuniary damages as a ...

Liability of person participating in illegal drug market; exception for law enforcement investigations Sec. 1. (a) A person who knowingly participates in the illegal drug market ...

Parties plaintiff Sec. 2. The following persons may bring an action for damages caused by an individual drug user's use of an illegal drug: (1) ...

Parties defendant Sec. 3. A person who may bring an action under section 2 of this chapter may recover damages from the following persons: (1) ...

Recovery of damages, costs, and attorney's fee Sec. 4. A person who may bring an action under section 2 of this chapter may recover the following ...

Action by individual drug user Sec. 5. (a) Except as provided in this section, an individual drug user may not bring an action for damages caused ...

Third party insurance or indemnification prohibited Sec. 6. A third party may not: (1) pay damages awarded under this chapter (or IC 34-1-70 before its ...

Joinder of parties and actions Sec. 7. (a) Two (2) or more persons may join as plaintiffs in one (1) action under this chapter ...

Comparative liability of individual drug user as plaintiff Sec. 8. (a) An action by an individual drug user brought under this chapter (or IC 34-1-70 before ...

Right of contribution Sec. 9. (a) A person who is subject to liability under this chapter (or IC 34-1-70 before its repeal) has a right of ...

Burden of proof Sec. 10. (a) Proof of participation in the illegal drug market in an action brought under this chapter (or IC 34-1-70 before its ...

Prejudgment attachment Sec. 11. (a) Subject to subsection (c), a plaintiff in an action brought under this chapter may request an ex parte prejudgment attachment order ...

Limitation of actions Sec. 12. (a) Except as otherwise provided in this section, a claim under this chapter (or IC 34-1-70 before its repeal) may not ...

Attorney general representing state or political subdivision; stay of action pending investigation or prosecution Sec. 13. (a) The attorney general may represent the state or a ...

Intrafamilial tort immunity Sec. 14. This chapter may not be construed to alter any law regarding tort immunity within a family. As added by ...

Execution of judgments; law governing Sec. 1. The execution of judgments is governed by IC 34-55. As added by P.L.1-1998, SEC.20. ...

Nonresidents; personal earnings or wages Sec. 2. Indiana courts do not have and shall not entertain jurisdiction in ...

Judgment for attachment or garnishment; service and venue requirements Sec. 3. The plaintiff is not entitled to judgment in an ...

Payment of costs and expenses; proportional payment of multiple creditors; surplus Sec. 4. The money realized from the attachment and the garnishees, under the direction of ...

Attachment of property at or after filing complaint Sec. 1. (a) At or after the time of filing a complaint, the plaintiff may have an attachment ...

Attachment barred while debtor's spouse and family reside within county; limitation on debtor's absence Sec. 2. (a) Except as provided in subsection (b), an attachment, may ...

Concealment of debtor's absence by spouse or family Sec. 3. If the spouse or family of the debtor: (1) refuse or are unable to: ...

Plaintiff's affidavit Sec. 4. The plaintiff or a person representing the plaintiff shall make an affidavit showing: (1) the nature of the plaintiff's claim; ...

Plaintiff's undertaking Sec. 5. The plaintiff or a person representing the plaintiff shall execute a written undertaking, with sufficient surety, to be approved by the clerk, ...

Order of attachment Sec. 6. Upon the filing of the affidavit and written undertaking in the office of the clerk, the clerk shall issue an order ...

Issuance of order to sheriff of other county; orders issued simultaneously or in succession; recovery of costs Sec. ...

Issuance of execution of order on Sunday Sec. 8. An order of attachment may be issued and executed on Sunday, if the plaintiff's affidavit shows that ...

Assistance of householder; inventory; appraisement Sec. 9. The sheriff shall proceed, with the assistance of a disinterested and credible householder of the county, to: ...

Order becomes lien on property Sec. 10. An order of attachment binds the defendant's property in the county subject to execution and becomes a lien on ...

Order in which property taken; pursuing property in another county Sec. 11. (a) The sheriff shall first take the defendant's personal property under an attachment. ...

Undertaking by defendant or person having possession of property Sec. 12. The defendant or other person who has possession of attached property may have the property, ...

Third party's duty to prosecute claim Sec. 13. Whenever any person other than the defendant claims any property attached, the right of property may be tried ...

Duty of defendant or claimant to give information under oath Sec. 14. The defendant or claimant of any attached property may be required by the court ...

Lien on goods attached in hands of consignee Sec. 15. Goods attached in the hands of a consignee are subject to a lien for any debt ...

Undertaking by defendant; discharge of attachment; restitution of property Sec. 16. If the defendant or other person representing ...

Property that is perishable or expensive to keep; procedure for sale at public auction Sec. 17. When attached personal property is perishable in nature or expensive ...

Allowance of sheriff's expenses of keeping attached property Sec. 18. The sheriff shall be allowed by the court the necessary expenses of keeping the attached property, ...

Effect of dismissal by first attaching creditor Sec. 19. (a) This section applies when the first attaching creditor dismisses the action or proceedings in attachment. ...

Motion for discharge and restitution; undertaking; judgment for plaintiff Sec. 20. (a) After appearing in the action, a defendant against whom an order of attachment has ...

Judgment for defendant; appeal Sec. 21. (a) Except as provided in subsection (b), if the judgment in the action is rendered for the defendant: (1) ...

Judgment for plaintiff; execution Sec. 22. After judgment for the plaintiff or one (1) or more of several plaintiffs, attached property that remains unsold may be ...

Action on undertaking; damages Sec. 23. Every defendant is entitled to an action on the written undertaking of the plaintiff or creditor by whose proceedings in ...

Actions in name of state Sec. 24. In all actions in the name of the state of Indiana, or of any person, agent, or officer, for ...

Order executed and discharged; return Sec. 25. When an order of attachment is fully executed or discharged, the sheriff ...

Officers subject to garnishment Sec. 1. (a) This section applies to: (1) all officers who may collect money by virtue of their office, including: ...

Personal actions arising upon contract or judgment; affidavit; undertaking; summons Sec. 2. (a) In all personal actions arising upon contract, express or implied, or upon a ...

Accountability of garnishee to plaintiff Sec. 3. From the day of the service of the summons, the garnishee is accountable to the plaintiff in the action ...

Certificate and examination of garnishee; enforcement Sec. 4. (a) This section applies to an officer or agent of an association or corporation and every other person ...

Garnishee's failure to appear or provide information; effect; procedure Sec. 5. (a) This section applies to a garnishee who is summoned and: ...

Absconding garnishee; order of arrest Sec. 6. If the plaintiff or person representing the plaintiff files an affidavit with the clerk stating that the plaintiff or ...

Final judgment against garnishee; discharge of garnishee; costs Sec. 7. The court shall not render final judgment against the garnishee until the action against the defendant ...

Return of "no property found" Sec. 8. The return of "no property found" upon the order of attachment does not affect the proceedings against the garnishee. ...

Judgment recovered; liability of defendant or garnishee for costs Sec. 9. (a) If the plaintiff wins judgment against the defendant and before the judgment the garnishee: ...

Compelling garnishee to pay or perform contracts Sec. 10. The garnishee may not be compelled to pay or perform any contract in any other manner or ...

P