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 more defendants
upon a contract; and
(2) at least one (1) or more of the defendants is a surety for the
others.
(b) The surety may, upon a written complaint to the court, cause
the question of suretyship to be tried and determined, upon the issue
made by the parties at:
(1) the trial of the cause; or
(2) any time before or after the trial.
(c) Proceedings described in subsection (b) do not affect the
proceedings of the plaintiff.
As added by P.L.1-1998, SEC.17.
Last modified: May 24, 2006