Nonparty defense; pleadings
Sec. 16. A nonparty defense that is known by the defendant when
the defendant files the defendant's first answer shall be pleaded as a
part of the first answer. A defendant who gains actual knowledge of
a nonparty defense after the filing of an answer may plead the
defense with reasonable promptness. However, if the defendant was
served with a complaint and summons more than one hundred fifty
(150) days before the expiration of the limitation of action applicable
to the claimant's claim against the nonparty, the defendant shall plead
any nonparty defense not later than forty-five (45) days before the
expiration of that limitation of action. The trial court may alter these
time limitations or make other suitable time limitations in any
manner that is consistent with:
(1) giving the defendant a reasonable opportunity to discover
the existence of a nonparty defense; and
(2) giving the claimant a reasonable opportunity to add the
nonparty as an additional defendant to the action before the
expiration of the period of limitation applicable to the claim.
As added by P.L.1-1998, SEC.47.
Last modified: May 24, 2006