Service of process upon agent authorized
Sec. 1. (a) This section applies to a civil action brought in any
court of this state against:
(1) a firm;
(2) a copartnership;
(3) a limited liability company;
(4) an association;
(5) a railroad; or
(6) an other corporation;
that is in the hands of a receiver who is not domiciled within Indiana.
(b) Process may be served upon an agent of the receiver or other
person in charge of and authorized to transact business for and on
behalf of the receiver, in Indiana, in the same manner as process is
served on domestic or foreign corporations.
As added by P.L.1-1998, SEC.29.
&DNM.IC 34-56
&YENC.
&YAMD.
ARTICLE 56. APPEALS
&DNM.IC 34-56-1
&YENC.
&YAMD.
Chapter 1. Judgments From Which Appeals May Be Taken
&DNM.IC 34-56-1-1
&YENC.1998
&YAMD.1998
Appeals for circuit and superior courts
IC 34-56-1-1 Sec. 1. Appeals may be taken by either party from all
final judgments in circuit courts and superior courts.
&HST.As added by P.L.1-1998, SEC.52.&EHST.
&DNM.IC 34-56-1-2
&YENC.1998
&YAMD.1998
Appeals prohibited after receiving money paid or collecting on
judgment
IC 34-56-1-2 Sec. 2. The party obtaining a judgment shall not take
an appeal after receiving any money paid or collected on a judgment.
&HST.As added by P.L.1-1998, SEC.52.&EHST.
&DNM.IC 34-56-1-3
&YENC.1998
&YAMD.1998
New trial motions
IC 34-56-1-3 Sec. 3. A ruling or order of the court granting a motion
for a new trial shall be treated as a final judgment. An appeal may be
taken on the ruling or order.
&HST.As added by P.L.1-1998, SEC.52.&EHST.
&DNM.IC 34-7
&YENC.
&YAMD.
ARTICLE 7. GENERAL PROVISIONS
&DNM.IC 34-7-1
&YENC.
&YAMD.
Chapter 1. Effect of Recodification Act of the 1998 Regular Session
of the General Assembly
&DNM.IC 34-7-1-1
&YENC.1998
&YAMD.1998
Purpose
IC 34-7-1-1 Sec. 1. The purpose of the recodification act of the 1998
regular session of the general assembly is to recodify prior civil law
and procedure in a style that is clear, concise, and easy to interpret and
apply. Except to the extent that:
(1) the recodification act of the 1998 regular session of the
general assembly is amended to reflect the changes made in a
provision of another bill that adds to, amends, or repeals a
provision in the recodification act of the 1998 regular session of
the general assembly; or
(2) the minutes of meetings of the code revision commission
during 1997 expressly indicate a different purpose;
the substantive operation and effect of the prior civil law and procedure
continue uninterrupted as if the recodification act of the 1998 regular
session of the general assembly had not been enacted.
&HST.As added by P.L.1-1998, SEC.2.&EHST.
&DNM.IC 34-7-1-2
&YENC.1998
&YAMD.1998
Applicability
IC 34-7-1-2 Sec. 2. Subject to section 1 of this chapter, sections 3
through 9 of this chapter shall be applied to the statutory construction
of the recodification act of the 1998 regular session of the general
assembly.
&HST.As added by P.L.1-1998, SEC.2.&EHST.
&DNM.IC 34-7-1-3
&YENC.1998
&YAMD.1998
Effect on actions before July 1, 1998
IC 34-7-1-3 Sec. 3. (a) The recodification act of the 1998 regular
session of the general assembly does not affect:
(1) any rights or liabilities accrued;
(2) any penalties incurred;
(3) any violations committed;
(4) any proceedings begun;
(5) any bonds, notes, loans, or other forms of indebtedness issued,
incurred, or made;
(6) any tax levies made or authorized;
(7) any funds established;
(8) any patents issued;
(9) the validity, continuation, or termination of any contracts or
leases executed;
(10) the validity, continuation, scope, termination, suspension, or
revocation of:
(A) permits;
(B) licenses;
(C) certificates of registration;
(D) grants of authority; or
(E) limitations of authority; or
(11) the validity of court decisions entered regarding the
constitutionality of any provision of the prior civil law and
procedure;
before the effective date of the recodification act of the 1998 regular
session of the general assembly (July 1, 1998). Those rights, liabilities,
penalties, offenses, proceedings, bonds, notes, loans, other forms of
indebtedness, tax levies, funds, patents, contracts, leases, permits,
licenses, certificates of registration, grants of authority, or limitations
of authority continue and shall be imposed and enforced under prior
civil law and procedure as if the recodification act of the 1998 regular
session of the general assembly had not been enacted.
(b) The recodification act of the 1998 regular session of the general
assembly does not:
(1) extend, or cause to expire, a permit, license, certificate of
registration, or other grant or limitation of authority; or
(2) in any way affect the validity, scope, or status of a license,
permit, certificate of registration, or other grant or limitation of
authority;
issued under the prior civil law and procedure.
(c) The recodification act of the 1998 regular session of the general
assembly does not affect the revocation, limitation, or suspension of a
permit, license, certificate of registration, or other grant or limitation
of authority based in whole or in part on violations of the prior civil law
and procedure or the rules adopted under the prior civil law and
procedure.
&HST.As added by P.L.1-1998, SEC.2.&EHST.
&DNM.IC 34-7-1-4
&YENC.1998
&YAMD.1998
Statutory construction
IC 34-7-1-4 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 the 1998 regular session of the general assembly (including a
literal application of an erroneous change to an internal reference)
would result in a substantive change in the prior civil law and
procedure, the difference shall be construed as a typographical,
spelling, or other clerical error that must be corrected by:
(1) inserting, deleting, or substituting words, punctuation, or other
matters of style in the recodification act of the 1998 regular
session of the general assembly; or
(2) using any other rule of statutory construction;
as necessary or appropriate to apply the recodification act of the 1998
regular session of the general assembly in a manner that does not result
in a substantive change in the law. The principle of statutory
construction that a court must apply the literal meaning of an act if the
literal meaning of the act is unambiguous does not apply to the
recodification act of the 1998 regular session of the general assembly
to the extent that the recodification act of the 1998 regular session of
the general assembly is not substantively identical to the prior civil law
and procedure.
&HST.As added by P.L.1-1998, SEC.2.&EHST.
&DNM.IC 34-7-1-5
&YENC.1998
&YAMD.1998
Reference to repealed statutes
IC 34-7-1-5 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
new provision as a reference to the new provision.
&HST.As added by P.L.1-1998, SEC.2.&EHST.
&DNM.IC 34-7-1-6
&YENC.1998
&YAMD.1998
Citation references
IC 34-7-1-6 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 law and procedure that is substantively equivalent to the
provision of the recodification act of the 1998 regular session of the
general assembly that is referred to by the citation reference.
&HST.As added by P.L.1-1998, SEC.2.&EHST.
&DNM.IC 34-7-1-7
&YENC.1998
&YAMD.1998
Rules references
IC 34-7-1-7 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 either:
(1) rules adopted under the recodification act of the 1998 regular
session of the general assembly; or
(2) rules adopted under the prior civil law and procedure until
those rules have been amended, repealed, or superseded.
(b) Rules adopted under the prior civil law and procedure continue
in effect after June 30, 1998, until the rules are amended, repealed, or
suspended.
&HST.As added by P.L.1-1998, SEC.2.&EHST.
&DNM.IC 34-7-1-8
&YENC.1998
&YAMD.1998
Citations to prior civil law and procedure
IC 34-7-1-8 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 only as an aid to the reader.
(b) The inclusion or omission in the recodification act of the 1998
regular session of the general assembly of a reference to a citation in
the prior civil law and procedure before its repeal does not affect:
(1) any rights or liabilities accrued;
(2) any penalties incurred;
(3) any violations committed;
(4) any proceedings begun;
(5) any bonds, notes, loans, or other forms of indebtedness issued,
incurred, or made;
(6) any tax levies made;
(7) any funds established;
(8) any patents issued;
(9) the validity, continuation, or termination of contracts or leases
executed;
(10) the validity, continuation, scope, termination, suspension, or
revocation of:
(A) permits;
(B) licenses;
(C) certificates of registration;
(D) grants of authority; or
(E) limitations of authority; or
(11) the validity of court decisions entered regarding the
constitutionality of any provision of the prior civil law and
procedure;
before the effective date of the recodification act of the 1998 regular
session of the general assembly (July 1, 1998). Those rights, liabilities,
penalties, offenses, proceedings, bonds, notes, loans, other forms of
indebtedness, tax levies, funds, patents, contracts, leases, licenses,
permits, certificates of registration, and other grants of authority
continue and shall be imposed and enforced under prior civil law and
procedure as if the recodification act of the 1998 regular session of the
general assembly had not been enacted.
(c) The inclusion or omission in the recodification act of the 1998
regular session of the general assembly of a citation to a provision in
the prior civil law and procedure statutes does not affect the use of a
prior conviction, violation, or noncompliance under the prior civil law
and procedure as the basis for revocation of a license, permit,
certificate of registration, or other grant of authority under the
recodification act of the 1998 regular session of the general assembly,
as necessary or appropriate to apply the recodification act of the 1998
regular session of the general assembly in a manner that does not result
in a substantive change in the law.
&HST.As added by P.L.1-1998, SEC.2.&EHST.
&DNM.IC 34-7-1-9
&YENC.1998
&YAMD.1998
Medical malpractice provisions
IC 34-7-1-9 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.
&HST.As added by P.L.1-1998, SEC.2.&EHST.
Last modified: May 24, 2006