reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 4. Prejudgment Interest › 34-51-4-6. Applicability of Chapter Upon Timely Offer of Settlement by Plaintiffs

Sec. 6. This chapter does not apply if:
(1) within one (1) year after a claim is filed in the court, or any longer period determined by the court to be necessary upon a showing of good cause, the party who filed the claim fails to make a written offer of settlement to the party or parties against whom the claim is filed;
(2) the terms of the offer fail to provide for payment of the settlement offer within sixty (60) days after the offer is accepted; or
(3) the amount of the offer exceeds one and one-third (1 1/3) of the amount of the judgment awarded.
[Pre-1998 Recodification Citation: 34-4-37-8.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 4. Prejudgment Interest › 34-51-4-7. Award of Prejudgment Interest as Part of Judgment

Sec. 7. The court may award prejudgment interest as part of a judgment.
[Pre-1998 Recodification Citation: 34-4-37-9.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 4. Prejudgment Interest › 34-51-4-8. Time of Accrual of Prejudgment Interest

Sec. 8. (a) If the court awards prejudgment interest, the court shall determine the period during which prejudgment interest accrues. However, the period may not exceed forty-eight (48) months. Prejudgment interest begins to accrue on the latest of the following dates:
(1) Fifteen (15) months after the cause of action accrued.
(2) Six (6) months after the claim is filed in the court if IC 34-18-8 and IC 34-18-9 do not apply.
(3) One hundred eighty (180) days after a medical review panel is formed to review the claim under IC 34-18-10 (or IC 27-12-10 before its repeal).
(b) The court shall exclude from the period in which prejudgment interest accrues any period of delay that the court determines is caused by the party petitioning for prejudgment interest.
[Pre-1998 Recodification Citation: 34-4-37-10.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 4. Prejudgment Interest › 34-51-4-9. Rate of Prejudgment Interest

Sec. 9. The court shall compute the prejudgment interest at the simple rate of interest determined by the court. The rate set by the court may not be less than six percent (6%) per year and not more than ten percent (10%) per year.
[Pre-1998 Recodification Citation: 34-4-37-11.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 5. Tax Consequences of Verdict in Tort Action; Jury Instructions › 34-51-5-0.2. Application of Prior Law

Sec. 0.2. The addition of IC 34-4-35-1 (before its repeal, now codified in section 1 of this chapter) by P.L.201-1986 does not apply to actions accruing before September 1, 1986.
As added by P.L.220-2011, SEC.577.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 5. Tax Consequences of Verdict in Tort Action; Jury Instructions › 34-51-5-1. Tax Consequences of Verdict

Sec. 1. In a tort action for personal injuries tried by a jury, the court shall, if requested, instruct the jury that the jury may not consider the tax consequences, if any, of its verdict.
[Pre-1998 Recodification Citation: 34-4-35-1.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 6. Right of Contribution for Railroad Entities Liability Act › 34-51-6-1. Right of Contribution

Sec. 1. (a) A railroad entity subject to liability under the Federal Employers' Liability Act (45 U.S.C. 51), including liability for a violation of the Safety Appliance Act (49 U.S.C. 20302 et seq.) or the Locomotive Inspection Act (49 U.S.C. 20701 et seq.), has a right of action for contribution against any other person or entity that:
(1) is not an employee of the railroad entity; and
(2) may be at fault for an injury or death that gives rise to the action or claim against the railroad entity.
(b) A railroad entity has a right of contribution if the railroad entity has paid more in damages than the railroad entity's percentage of fault.
(c) A railroad entity's total recovery under this chapter is limited to the amount paid by the railroad entity that exceeds the railroad entity's percentage of fault.
(d) This chapter does not impair any rights of indemnity under law.
As added by P.L.107-2018, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 6. Right of Contribution for Railroad Entities Liability Act › 34-51-6-2. Determination of Percentage of Fault; Amount of Damages

Sec. 2. (a) In an action brought under this chapter, a trier of fact shall determine each person's:
(1) percentage of fault; and
(2) amount of damages consistent with the apportionment of fault under subdivision (1).
(b) In an action brought under this chapter, legal requirements of causal relation apply to contributory fault.
As added by P.L.107-2018, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 6. Right of Contribution for Railroad Entities Liability Act › 34-51-6-3. Enforcement of Right of Contribution; Time Limit

Sec. 3. (a) A railroad entity may enforce a right of contribution under this chapter in:
(1) the original action brought against the railroad entity; or
(2) a separate action brought for that purpose, if the original action is no longer pending.
(b) If there is a judgment for damages against a railroad entity, the railroad entity must bring an action for contribution not later than one (1) year after the judgment is final:
(1) by lapse of time for appeal; or
(2) after appellate review.
(c) If there is no judgment for damages against a railroad entity, any separate action by the railroad entity to enforce contribution is barred, unless the railroad entity:
(1) discharges the liability by settlement; and
(2) starts the action for contribution not later than one (1) year after the railroad entity's payment of damages.
As added by P.L.107-2018, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 6. Right of Contribution for Railroad Entities Liability Act › 34-51-6-4. Bifurcation of Original Claim

Sec. 4. (a) If a railroad entity enforces a right of contribution in the original action brought against the railroad entity under section 3(a)(1) of this chapter, the plaintiff in the original action may seek to bifurcate the plaintiff's claim from the contribution claim of the railroad entity.
(b) Upon the plaintiff's motion for bifurcation, the court may order the bifurcation of the plaintiff's claim, and allow the plaintiff's claim to proceed in advance of the contribution claim of the railroad entity.
As added by P.L.107-2018, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 6. Right of Contribution for Railroad Entities Liability Act › 34-51-6-5. No Right of Contribution of Liability Relating to Occupational Disease

Sec. 5. A defendant does not have a right of action of contribution against a third party under this chapter if liability in whole or in part relates to an occupational disease (as defined in IC 22-3-7-10).
As added by P.L.107-2018, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 1. Recovery of Costs by a Party › 34-52-1-1. General Recovery Rule

Sec. 1. (a) In all civil actions, the party recovering judgment shall recover costs, except in those cases in which a different provision is made by law.
(b) In any civil action, the court may award attorney's fees as part of the cost to the prevailing party, if the court finds that either party:
(1) brought the action or defense on a claim or defense that is frivolous, unreasonable, or groundless;
(2) continued to litigate the action or defense after the party's claim or defense clearly became frivolous, unreasonable, or groundless; or
(3) litigated the action in bad faith.
(c) The award of fees under subsection (b) does not prevent a prevailing party from bringing an action against another party for abuse of process arising in any part on the same facts. However, the prevailing party may not recover the same attorney's fees twice.
[Pre-1998 Recodification Citation: 34-1-32-1.]
As added by P.L.1-1998, SEC.48.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 1. Recovery of Costs by a Party › 34-52-1-2. Actions for Money Demands on Contract; Recoveries Less Than $50

Sec. 2. (a) This section applies to actions for money demands on contract, commenced in the circuit or superior courts.
(b) Except as provided in subsection (d), if the plaintiff recovers less than fifty dollars ($50) exclusive of costs, the plaintiff shall pay costs, unless the judgment has been reduced below fifty dollars ($50) by a set-off, or counter-claim, pleaded and proved by the defendant, in which case the party recovering judgment shall recover costs.
(c) Except as provided in subsection (d), if the judgment is reduced below fifty dollars ($50) by proof of payments, the defendant shall recover costs.
(d) If one (1) or more defendants, necessary to a full determination of the cause:
(1) are nonresidents of the county in which the suit is brought but are residents of the state of Indiana; and
(2) have been served with process in the action;
the plaintiff shall recover costs even though the judgment recovered by plaintiff is less than fifty dollars ($50).
[Pre-1998 Recodification Citation: 34-1-32-2.]
As added by P.L.1-1998, SEC.48.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 1. Recovery of Costs by a Party › 34-52-1-3. Actions for Damages; Recoveries Less Than $5

Sec. 3. In all actions for damages solely, not arising out of contract, if the plaintiff does not recover five dollars ($5) in damages, the plaintiff shall not recover more costs than damages, except:
(1) in actions for injuries to character and false imprisonment; and
(2) where the title to real estate is in question.
[Pre-1998 Recodification Citation: 34-1-32-3.]
As added by P.L.1-1998, SEC.48.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 1. Recovery of Costs by a Party › 34-52-1-4. Relators and Persons for Whom Action Is Brought; Sharing in Costs

Sec. 4. (a) Except as provided in subsections (b) and (c), relators, persons, and corporations for whose use an action is brought, whether such use is shown by the pleadings of the plaintiff or defendant, are liable for costs jointly with the actual parties to the action.
(b) Except as provided in subsection (c), when the state is plaintiff, the relator only is liable, and judgment for costs shall be rendered accordingly.
(c) When a state officer or prosecuting attorney, by virtue of his or her office, is a relator for the state of Indiana, the relator is not liable for costs.
[Pre-1998 Recodification Citation: 34-1-32-4.]
As added by P.L.1-1998, SEC.48.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 1. Recovery of Costs by a Party › 34-52-1-5. Apportionment of Cost Among Several Plaintiffs or Several Defendants

Sec. 5. In actions where there are several plaintiffs or several defendants, the costs shall be apportioned according to the judgment rendered. Where there are several causes of action embraced in the same complaint, or several issues, the plaintiff shall recover costs upon the issues determined in the plaintiff's favor, and the defendant shall recover costs upon the issues determined in the defendant's favor.
[Pre-1998 Recodification Citation: 34-1-32-5.]
As added by P.L.1-1998, SEC.48.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 1. Recovery of Costs by a Party › 34-52-1-6. Splitting Cause of Actions; One Recovery for Costs

Sec. 6. When the plaintiff, at the same court, brings several actions against the defendant upon demands which could have been joined in one (1) action, the plaintiff shall recover costs only in one (1) action, unless:
(1) it appears to the court that the actions affect different rights or interests; or
(2) other sufficient reasons exist why the several demands should not have been joined in one (1) action.
[Pre-1998 Recodification Citation: 34-1-32-6.]
As added by P.L.1-1998, SEC.48.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 1. Recovery of Costs by a Party › 34-52-1-7. Judgment for Cost Before Final Judgment

Sec. 7. Whenever, in any action an order is made for the payment of costs, at any time before final judgment, the court shall, upon motion of any interested person, render judgment for the costs in favor of the party entitled to receive costs.
[Pre-1998 Recodification Citation: 34-1-32-8.]
As added by P.L.1-1998, SEC.48.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 1. Recovery of Costs by a Party › 34-52-1-8. Fee Bills and Executions for Collection of Costs

Sec. 8. Fee bills and executions may issue for the collection of costs in the proper cases against:
(1) parties to the action;
(2) relators;
(3) persons for whose use an action is brought; and
(4) sureties on undertakings for the payment of costs.
[Pre-1998 Recodification Citation: 34-1-32-9.]
As added by P.L.1-1998, SEC.48.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 1. Recovery of Costs by a Party › 34-52-1-9. Attachment of Lands; Recoveries Less Than $50

Sec. 9. In all cases where lands are attached and judgment rendered in favor of the plaintiff in the circuit court, superior court, or probate court, in which the sum claimed, or the judgment rendered is less than fifty dollars ($50), the plaintiff shall recover costs if the attachment against the land is sustained by the court.
[Pre-1998 Recodification Citation: 34-1-32-10.]
As added by P.L.1-1998, SEC.48. Amended by P.L.84-2016, SEC.162.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 2. Awarding Fees and Other Expenses in Actions Involving the State › 34-52-2-0.2. Application of Prior Law

Sec. 0.2. The addition of IC 34-2-36 (before its repeal, now codified in this chapter) by P.L.196-1986 does not apply to civil actions accruing before January 1, 1987.
As added by P.L.220-2011, SEC.578.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 2. Awarding Fees and Other Expenses in Actions Involving the State › 34-52-2-1. Applicability of Chapter

Sec. 1. (a) Subject to any other statute governing reimbursement of fees and other expenses, this chapter applies to the reimbursement of the fees and other expenses incurred in preparing for or prosecuting:
(1) a proceeding under IC 4-21.5-5 to judicially review a final order made by a state agency;
(2) an appeal from a final determination made by the worker's compensation board;
(3) an appeal of a final determination made by the department of state revenue; or
(4) an appeal of a final determination made by the department of workforce development or the department of workforce development unemployment insurance review board.
(b) However, this chapter does not apply to an order or other determination:
(1) under:
(A) IC 16-27-1;
(B) IC 16-28;
(C) IC 16-30;
(D) IC 12-28-4; or
(E) IC 12-28-5;
(2) by an agency described in IC 25-0.5-9; or
(3) by the board of podiatric medicine.
[Pre-1998 Recodification Citation: 34-2-36-4.]
As added by P.L.1-1998, SEC.48. Amended by P.L.1-2010, SEC.140; P.L.3-2014, SEC.29.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 2. Awarding Fees and Other Expenses in Actions Involving the State › 34-52-2-1.5. Attorney's Fees

Sec. 1.5. (a) In a proceeding under IC 4-21.5-5 to judicially review a final order made by a state agency, the court shall apply the same standard as an administrative law judge under IC 4-21.5-3-27.5 regarding an order for the payment of attorney's fees.
(b) An order for the payment of attorney's fees under this section is not subject to sections 2 and 4 of this chapter.
As added by P.L.249-2023, SEC.82.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 2. Awarding Fees and Other Expenses in Actions Involving the State › 34-52-2-2. Order for Payment; Findings

Sec. 2. In addition to any other compensation awarded in a civil action involving an agency as a party, the court having jurisdiction in the case may enter an order against the agency for the payment of the reasonable fees and other expenses of a party, if the court finds that:
(1) the party files a written notice of the party's intent to seek reimbursement under this chapter (or IC 34-2-36 before its repeal) not later than thirty (30) days after the party files any pleading or other paper with the court;
(2) the party obtained final judgment in its favor;
(3) the party has obtained substantive relief that makes it probable that the party will prevail on the merits after remand of the case to the agency, if remand is necessary;
(4) the party is:
(A) a commercial or business entity (including a sole proprietorship or a partnership) with fewer than fifty (50) employees at the time of the:
(i) civil action; or
(ii) the agency action (as defined in IC 4-21.5-1-4) giving rise to the civil action;
but is not a subsidiary or affiliate of another entity that does not qualify as a small business under this clause; or
(B) an organization exempt from federal income taxation under Section 501 of the Internal Revenue Code;
(5) to the extent that the fees and other expenses of the party are for attorney's fees or expert witness fees, the fees are based upon the number of actual hours of service performed multiplied by a reasonable fee for the service rendered not to exceed seventy-five dollars ($75) per hour;
(6) the party filed a claim not later than thirty (30) days after a final judgment was rendered; and
(7) section 3 of this chapter does not apply.
[Pre-1998 Recodification Citation: 34-2-36-5.]
As added by P.L.1-1998, SEC.48.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 2. Awarding Fees and Other Expenses in Actions Involving the State › 34-52-2-3. Award Unauthorized; Grounds

Sec. 3. The court may not award fees or other expenses against an agency if:
(1) the agency's only involvement in the case resulted from the agency's role as an arbiter of the legal rights, duties, immunities, privileges, or other legal interests of two (2) or more other parties;
(2) the agency as a party had a reasonable basis for its position;
(3) the position of the agency as a party became unjustified as a result of an intervening change in applicable law; or
(4) the fees or other expenses claimed were incurred to reimburse salaries or attorney's fees paid by a political subdivision, a state, the United States government, or a foreign province or country.
[Pre-1998 Recodification Citation: 34-2-36-6.]
As added by P.L.1-1998, SEC.48.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 2. Awarding Fees and Other Expenses in Actions Involving the State › 34-52-2-4. Maximum Amount; Multiple Parties

Sec. 4. A party may be awarded an amount under this chapter not exceeding ten thousand dollars ($10,000). However, if more than three (3) parties in a case are eligible for an award under this chapter, the total award made to all parties in the case may not exceed thirty thousand dollars ($30,000).
[Pre-1998 Recodification Citation: 34-2-36-7.]
As added by P.L.1-1998, SEC.48.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 2. Awarding Fees and Other Expenses in Actions Involving the State › 34-52-2-5. Payment From Appropriations; Warrant

Sec. 5. The agency against which an order is entered under this chapter shall pay the award from any money appropriated to the agency. The court may order the auditor of state to draw a warrant upon the funds of the agency. The treasurer of state shall pay the warrant when any appropriated and unencumbered funds are available to the agency.
[Pre-1998 Recodification Citation: 34-2-36-8.]
As added by P.L.1-1998, SEC.48.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 2. Awarding Fees and Other Expenses in Actions Involving the State › 34-52-2-6. Report of Agency

Sec. 6. (a) Each agency subject to an order to pay fees or expenses or that pays fees or other expenses under this chapter shall report annually in an electronic format under IC 5-14-6 to the general assembly the amount of fees and other expenses ordered or paid during the preceding fiscal year by that agency.
(b) In its report, the agency shall describe:
(1) the number, nature, and amount of the awards;
(2) the claims involved in the controversy; and
(3) any other relevant information to aid the general assembly in evaluating the scope and impact of these awards.
[Pre-1998 Recodification Citation: 34-2-36-9.]
As added by P.L.1-1998, SEC.48. Amended by P.L.28-2004, SEC.174.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 2. Awarding Fees and Other Expenses in Actions Involving the State › 34-52-2-7. Attorney's Fees in a Class Action

Sec. 7. (a) This section applies to a class action against the state.
(b) This section applies to an action filed after June 30, 2017.
(c) Subject to the requirements of this chapter, a court shall not award attorney's fees without conducting a hearing.
(d) A hearing to determine the award of attorney's fees under this section may include:
(1) presentation of evidence;
(2) testimony of expert witnesses; and
(3) any other evidence the court requires to make its determination.
As added by P.L.256-2017, SEC.189.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 3. Cost of Transcripts and Certifying the Record › 34-52-3-1. Taxation of Costs

Sec. 1. When in any suit pending in any court in this state it is necessary to procure a transcript of any judgment or proceeding, or exemplification of any record, as evidence in the action, the necessary expense of procuring the transcript or exemplification shall be taxed with the other costs in the cause, and recovered as in other cases.
[Pre-1998 Recodification Citation: 34-1-33-1.]
As added by P.L.1-1998, SEC.48.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 52. Costs › Chapter 4. Stamp Tax › 34-52-4-1. Manner of Taxation and Collection

Sec. 1. In all actions, when United States Government stamps are required and used in original process, certificates, bonds, appraisements, deed of conveyance by sheriffs, and other instruments, the value of the stamp duties shall be taxed and collected as other costs in the action.
[Pre-1998 Recodification Citation: 34-2-21-1.]
As added by P.L.1-1998, SEC.48.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 53. Subrogation › Chapter 1. Subrogation of Insurers in Personal Injury Actions › 34-53-1-0.2. Application of Prior Law

Sec. 0.2. The addition of IC 34-4-39 (before its repeal, later codified in IC 34-4-41 and now in this chapter) by P.L.212-1991 only applies to settlements reached and judgments entered after July 1, 1991.
As added by P.L.220-2011, SEC.579.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 53. Subrogation › Chapter 1. Subrogation of Insurers in Personal Injury Actions › 34-53-1-1. Applicability of Chapter

Sec. 1. This chapter applies to an insurer claiming subrogation or reimbursement rights to the proceeds of a settlement or judgment resulting from a legal proceeding commenced by an insured against a third party legally responsible for personal injury for which payment is made by the insurer.
[Pre-1998 Recodification Citation: 34-4-41-3.]
As added by P.L.1-1998, SEC.49.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 53. Subrogation › Chapter 1. Subrogation of Insurers in Personal Injury Actions › 34-53-1-2. Costs and Expenses of Asserting Third Party Claim; Payment by Insurer Out of Amount Received From Insured

Sec. 2. An insurer claiming subrogation or reimbursement rights under this chapter shall pay, out of the amount received from the insured, the insurer's pro rata share of the reasonable and necessary costs and expenses of asserting the third party claim. These reasonable and necessary costs and expenses include and are not limited to the following:
(1) The cost of depositions.
(2) Witness fees.
(3) Attorney's fees to the lesser of:
(A) the amount contracted by the insured for the insured's portion of the claim; or
(B) thirty-three and one-third percent (33 1/3%) of the amount of the settlement.
[Pre-1998 Recodification Citation: 34-4-41-4.]
As added by P.L.1-1998, SEC.49.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 53. Subrogation › Chapter 1. Subrogation of Insurers in Personal Injury Actions › 34-53-1-3. Effect on Insurer's Right to Settle Subrogation Claim Separately

Sec. 3. This chapter does not prohibit an insurer with a subrogated property damage claim from settling the insurer's subrogation claim separately by arbitration, agreement, or suit in the insurer's own name.
[Pre-1998 Recodification Citation: 34-4-41-5.]
As added by P.L.1-1998, SEC.49.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 53. Subrogation › Chapter 1. Subrogation of Insurers in Personal Injury Actions › 34-53-1-4. Limitation on Subrogation and Reimbursement Rights of Insurers Against Fund

Sec. 4. An insurer may not claim subrogation or reimbursement rights to the proceeds of a distribution paid from the supplemental state fair relief fund under IC 34-13-8 to an eligible person (as defined in IC 34-13-8-1) for an occurrence (as defined in IC 34-13-8-2).
As added by P.L.160-2012, SEC.63.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 53. Subrogation › Chapter 1. Subrogation of Insurers in Personal Injury Actions › 34-53-1-5. Limitation on Subrogation and Reimbursement Rights of Persons Paying Benefits or Compensation Against Fund; Appeal

Sec. 5. (a) Notwithstanding any statutory right, common law right, or agreement to the contrary, a person who pays benefits or compensation to or on behalf of an eligible person (as defined in IC 34-13-8-1) for an occurrence (as defined in IC 34-13-8-2) does not have a subrogation or other right, including any rights otherwise provided under this chapter, to recover those benefits or compensation paid from the supplemental state fair relief fund by making a claim against the state, or by making a claim, or recovering from payments made to an eligible person (as defined in IC 34-13-8-1) for an occurrence (as defined in IC 34-13-8-2) under IC 34-13-8.
(b) Not later than forty (40) days after a distribution under IC 34-13-8 is paid, a person who believes that the state cannot constitutionally prohibit assertion of a subrogation or other claim described in subsection (a), and who claims the subrogation or other interest against the state, or against a distribution paid from the supplemental state fair relief fund to an eligible person (as defined in IC 34-13-8-1) for an occurrence (as defined in IC 34-13-8-2) under IC 34-13-8 must provide written notice to the attorney general and the eligible person of the person's intent to assert that interest. Failure to provide timely written notice to the attorney general under this section constitutes a waiver of the claims described in this section.
As added by P.L.160-2012, SEC.64.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 1. Judgments Generally › 34-54-1-1. Repealed

[Pre-1998 Recodification Citation: 34-1-27-4 part.]
As added by P.L.1-1998, SEC.50. Repealed by P.L.45-2016, SEC.11.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 1. Judgments Generally › 34-54-1-2. Repealed

[Pre-1998 Recodification Citation: 34-1-27-4 part.]
As added by P.L.1-1998, SEC.50. Repealed by P.L.45-2016, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 1. Judgments Generally › 34-54-1-3. Fiduciaries; Stay of Execution

Sec. 3. A judgment recovered against a sheriff, constable, other public officer, administrator, executor, or other person or corporation, or the sureties of any or all of those persons:
(1) for money collected or received in a fiduciary capacity;
(2) for a breach of any official duty; or
(3) for money or other articles of value held in trust for another;
is collectible without stay of execution.
[Pre-1998 Recodification Citation: 34-1-27-5.]
As added by P.L.1-1998, SEC.50. Amended by P.L.45-2016, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 2. Confession of Judgment › 34-54-2-1. Personal Appearance to Confess Judgment

Sec. 1. Any person indebted or against whom a cause of action exists may personally appear in a court of competent jurisdiction, and, with the consent of the creditor or person having the cause of action, confess judgment in the action. Judgment shall be entered accordingly.
[Pre-1998 Recodification Citation: 34-1-28-1.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 2. Confession of Judgment › 34-54-2-2. Stating Cause of Action; Release of Errors

Sec. 2. The debt or cause of action shall be briefly stated in a writing to be filed and copied into the judgment. The confession shall operate as a release of errors.
[Pre-1998 Recodification Citation: 34-1-28-2.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 2. Confession of Judgment › 34-54-2-3. Confession of Judgment by Power of Attorney; Procedure

Sec. 3. Whenever a confession of judgment is made by power of attorney or otherwise, the party confessing shall, at the time the party confessing executes the power of attorney or confesses judgment, make affidavit stating that:
(1) the debt is just and owing; and
(2) the confession is not made for the purpose of defrauding the person's creditors.
The affidavit shall be filed with the court.
[Pre-1998 Recodification Citation: 34-1-28-3.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 3. Limitations on Confession of Judgment Under Power of Attorney › 34-54-3-1. Applicability of Chapter

Sec. 1. This chapter applies to a contract, agreement, provision, or stipulation that:
(1) gives a person a power of attorney or authority as attorney for the maker or endorser of the instrument in the name of the debtor to:
(A) appear in any court of record; and
(B) waive the service of process in an action to enforce payment of money claimed to be due on the instrument;
(2) authorizes or purports to authorize an attorney or agent, however designated, to confess judgment on the instrument for a sum of money to be ascertained in a manner other than by action of the court upon a hearing after notice to the debtor, whether with or without an attorney fee; or
(3) authorizes or purports to authorize an attorney described in subdivision (1) or (2) to:
(A) release errors and the right of appealing from a judgment described in subdivision (1) or (2); or
(B) consent to the issue of execution on the judgment.
[Pre-1998 Recodification Citation: 34-2-25-1 part.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 3. Limitations on Confession of Judgment Under Power of Attorney › 34-54-3-2. Certain Agreements Not to Be Executed

Sec. 2. A person shall not execute or procure to be executed any contract, agreement, provision, or stipulation described in section 1 of this chapter:
(1) as part of or in connection with the execution of any negotiable instrument or other written contract to pay money; and
(2) before a cause of action on the instrument or contract has accrued.
[Pre-1998 Recodification Citation: 34-2-25-1 part.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 3. Limitations on Confession of Judgment Under Power of Attorney › 34-54-3-3. Certain Agreements Void

Sec. 3. A:
(1) contract;
(2) stipulation; or
(3) power of attorney;
given or entered into before a cause of action accrues on a promise to pay is void.
[Pre-1998 Recodification Citation: 34-2-25-1 part.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 3. Limitations on Confession of Judgment Under Power of Attorney › 34-54-3-4. Certain Foreign Judgments Unenforceable

Sec. 4. (a) This section applies to all cases in which the court rendering a foreign judgment obtains or attempts to obtain jurisdiction of a judgment debtor, in whole or in part, by virtue of a contract, agreement, or stipulation that is prohibited and declared void by this chapter.
(b) An Indiana court shall not issue an execution or other process to aid or enforce the collection of any judgment that may be rendered upon a judgment that:
(1) is taken in another state or foreign country; and
(2) was founded or based upon a negotiable instrument or contract containing an agreement, stipulation, or provision that is prohibited and declared void by.
(c) A judgment described in this section may not become a lien upon real estate.
[Pre-1998 Recodification Citation: 34-2-25-2.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 4. Cognovit Note Prohibited as a Means of Confessing Judgment or Authorizing Payment › 34-54-4-1. Violations

Sec. 1. A person who knowingly:
(1) procures another to:
(A) execute as maker; or
(B) endorse or assign;
a cognovit note;
(2) being the payee, endorsee, or assignee of the cognovit note, retains possession of the cognovit note; or
(3) attempts to recover upon or enforce within Indiana a judgment obtained in any other jurisdiction based upon a cognovit note;
commits a Class B misdemeanor.
[Pre-1998 Recodification Citation: 34-2-26-1(b).]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 5. Judgments in Agreed Cases › 34-54-5-1. Submission of Controversy to Court; Affidavit

Sec. 1. Parties may, either with or without process, by agreement, submit any matter of controversy between the parties to a court that would otherwise have jurisdiction of the cause, upon an agreed statement of facts to be made out and signed by the parties. However, it must appear by affidavit that:
(1) the controversy is real; and
(2) the proceedings are a good faith effort to determine the rights of the parties.
The court shall then proceed to try the cause and render judgment as in other cases.
[Pre-1998 Recodification Citation: 34-1-29-1.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 5. Judgments in Agreed Cases › 34-54-5-2. Record

Sec. 2. The record consists of the following:
(1) The statement of the case.
(2) The submission.
(3) The judgment.
[Pre-1998 Recodification Citation: 34-1-29-2.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 5. Judgments in Agreed Cases › 34-54-5-3. Enforcement of Judgment; Costs

Sec. 3. The judgment may be enforced in the same manner as if it had been rendered in an action. Costs may be enforced in the same manner as if the judgment had been rendered in an action. The judgment is subject to an appeal, unless otherwise provided in the submission.
[Pre-1998 Recodification Citation: 34-1-29-3.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 6. Satisfaction of Judgments › 34-54-6-1. Satisfaction or Release of Judgments; Recording

Sec. 1. (a) This section applies to every endorsement of payment, satisfaction, or release, in whole or in part, that is noted:
(1) on the record or margin of any judgment or decree; or
(2) on an execution or order of sale issued on a judgment and signed by the:
(A) judgment plaintiff;
(B) judgment plaintiff's attorney of record or attorney in fact; or
(C) assignee of the judgment plaintiff (whose assignment is noted on or annexed to the record of the judgment or decree and attested by the clerk);
(3) on the record of the judgment or decree; or
(4) by the sheriff upon the execution or order of sale.
(b) An endorsement of payment, satisfaction, or release described in subsection (a) operates as a satisfaction or release of the judgment or decree, or of the part of the judgment or decree so endorsed as paid, satisfied, or released, in favor of subsequent purchasers or lienholders in good faith.
(c) When the satisfaction, payment, or release is entered by an attorney in fact, that fact shall be noted on the margin of the record or the execution.
(d) The power of attorney described in subsection (c) shall be recorded in the miscellaneous records of the recorder's office.
[Pre-1998 Recodification Citation: 34-1-30-1.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 6. Satisfaction of Judgments › 34-54-6-2. Repealed

[Pre-1998 Recodification Citation: 34-1-30-2.]
As added by P.L.1-1998, SEC.50. Repealed by P.L.45-2016, SEC.14.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 7. Assignment of Judgments › 34-54-7-1. Vesting of Title in Assignee

Sec. 1. (a) Judgments and decrees of a court of record for the recovery of money may be assigned by the plaintiff or complainant.
(b) The assignees successively on or attached to the entry of the judgment or decree and the assignment, when attested by the clerk of the court, vests the title to the judgment or decree in each assignee successively.
[Pre-1998 Recodification Citation: 34-1-31-1.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 7. Assignment of Judgments › 34-54-7-2. Payments or Satisfaction Before Notice of Assignment

Sec. 2. Payments or satisfaction on a judgment or decree to the assignor are valid only if made before notice of assignment to the judgment debtor.
[Pre-1998 Recodification Citation: 34-1-31-2.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 7. Assignment of Judgments › 34-54-7-3. Execution

Sec. 3. In case of assignment, execution shall issue in the name of the original plaintiff or complainant, but shall be endorsed by the clerk for the use of the assignee.
[Pre-1998 Recodification Citation: 34-1-31-3.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 7. Assignment of Judgments › 34-54-7-4. Assignee's Right to Maintain Actions

Sec. 4. Any action that the plaintiff or complainant has on the judgment or decree may be maintained in the name of the assignee.
[Pre-1998 Recodification Citation: 34-1-31-4.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 8. Interest on Judgments › 34-54-8-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. (a) The amendments made to IC 34-2-22-1 (before its repeal, now codified in this chapter) by P.L.149-1988 apply to the accrual of interest after June 30, 1988, on any part of a judgment that is unpaid after June 30, 1988, even if the judgment was rendered before July 1, 1988.
(b) The amendments made to IC 34-2-22-1 (before its repeal, now codified at sections 2, 3, and 5 of this chapter) by P.L.208-1993 apply to the accrual of interest after December 31, 1993, on any part of a judgment that is unpaid after December 31, 1993, even if the judgment was rendered before January 1, 1994.
As added by P.L.220-2011, SEC.580.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 8. Interest on Judgments › 34-54-8-1. Inapplicability of Chapter to Tax Refunds

Sec. 1. This chapter does not apply to IC 6-8.1-9 concerning the rate of interest.
[Pre-1998 Recodification Citation: 34-2-22-2.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 8. Interest on Judgments › 34-54-8-2. Inapplicability of Chapter to Judgments Rendered Against State

Sec. 2. This chapter does not apply to judgments rendered against the state in actions or proceedings duly authorized to be brought against the state in the court of claims for the payment of which no appropriation has been previously made.
[Pre-1998 Recodification Citation: 34-2-22-1 part.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 8. Interest on Judgments › 34-54-8-3. Actions Against State

Sec. 3. This chapter does not authorize actions or proceedings against the state or any agency of the state.
[Pre-1998 Recodification Citation: 34-2-22-1 part.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 8. Interest on Judgments › 34-54-8-4. Prejudgment Interest

Sec. 4. Prejudgment interest is governed by IC 34-51-4.
[1998 Recodification Citation: New.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 8. Interest on Judgments › 34-54-8-5. Interest on Final Judgments

Sec. 5. (a) This section applies to actions or proceedings in which:
(1) the state, a board, a commission, an agency, or an official is authorized by law to sue or be sued; and
(2) a money judgment is authorized by law to be entered and to be paid out of state funds in the custody of the state or in the custody of the board, commission, agency, or official.
(b) Interest attaches to a final judgment entered in an action or proceeding described in subsection (a):
(1) at the annual rate of six percent (6%); and
(2) beginning with the forty-fifth day after the rendition of the judgment.
[Pre-1998 Recodification Citation: 34-2-22-1 part.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 9. Effect of Refusal of Money Tender › 34-54-9-1. Applicability of Chapter

Sec. 1. This chapter applies when:
(1) money is tendered in settlement of a demand;
(2) the settlement is refused; and
(3) the money is brought into court to keep the tender good.
[Pre-1998 Recodification Citation: 34-2-24-1 part.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 9. Effect of Refusal of Money Tender › 34-54-9-2. Effect of Refusal on Judgment

Sec. 2. If the court or jury trying the case finds that a less sum is due on the demand than the amount tendered and brought into court, the person refusing the tender shall receive no more of the sum paid into court than the court or jury trying the case finds is due on the demand.
[Pre-1998 Recodification Citation: 34-2-24-1 part.]
As added by P.L.1-1998, SEC.50.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 10. Judgments Concerning Property › 34-54-10-1. Recovery of Personal Property

Sec. 1. Judgments in actions concerning the recovery of the possession of personal property are governed by IC 32-35-2-33 and IC 32-35-2-34.
[1998 Recodification Citation: New.]
As added by P.L.1-1998, SEC.50. Amended by P.L.2-2002, SEC.102.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 10. Judgments Concerning Property › 34-54-10-2. Mortgage Actions

Sec. 2. Judgments in mortgage actions are governed under IC 32-30-12.
[1998 Recodification Citation: New.]
As added by P.L.1-1998, SEC.50. Amended by P.L.2-2002, SEC.103.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 10. Judgments Concerning Property › 34-54-10-3. Purchase of Property

Sec. 3. The purchase of property subject to judgment is governed by IC 32-30-13.
[1998 Recodification Citation: New.]
As added by P.L.1-1998, SEC.50. Amended by P.L.2-2002, SEC.104.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 11. Enforcement of Foreign Judgments › 34-54-11-1. Filing of Foreign Judgment

Sec. 1. (a) A copy of any foreign judgment authenticated in accordance with 28 U.S.C. 1963 or the statutes of this state may be filed in the office of the clerk of any court of record in a county in Indiana.
(b) The clerk of the court in which the copy is filed shall treat the foreign judgment in the same manner as a judgment of an Indiana court.
(c) A foreign judgment filed under subsection (a) has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment entered by an Indiana court.
As added by P.L.40-2003, SEC.2. Amended by P.L.63-2010, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 11. Enforcement of Foreign Judgments › 34-54-11-2. Requirements

Sec. 2. (a) At the time of the filing of a foreign judgment, the judgment creditor filing a foreign judgment under this chapter must file an affidavit with the clerk of the court in which the foreign judgment is filed at the time the foreign judgment is filed. The affidavit must set forth:
(1) the name and last known address of the judgment debtor; and
(2) the name and last known address of the judgment creditor.
(b) Promptly after the filing of the foreign judgment and affidavit, the clerk must send notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make an entry of the mailing in the docket.
(c) The notice described in subsection (b) must contain:
(1) the name and address of the judgment creditor; and
(2) the name and address of the judgment creditor's attorney, if any.
(d) The judgment creditor shall:
(1) mail a notice of the filing of the judgment to the judgment debtor; and
(2) file proof of mailing with the clerk.
(e) Lack of mailing notice by the clerk does not affect the enforcement of proceedings if proof of mailing by the judgment creditor has been filed.
(f) Execution or other process for the enforcement of a foreign judgment may not be issued earlier than twenty-one (21) days after the entry of the judgment in the judgment's original jurisdiction.
As added by P.L.40-2003, SEC.2. Amended by P.L.238-2005, SEC.62; P.L.63-2010, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 11. Enforcement of Foreign Judgments › 34-54-11-3. Filing Fee

Sec. 3. (a) The filing fee for a foreign judgment is the same as the fee for filing a cause of action with the clerk of the court in which the foreign judgment is filed.
(b) All filing fees are due and payable at the time of filing.
As added by P.L.40-2003, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 11. Enforcement of Foreign Judgments › 34-54-11-4. Staying Enforcement of a Foreign Judgment

Sec. 4. (a) If the judgment debtor shows the court with whose clerk the foreign judgment is filed:
(1) that:
(A) an appeal from the foreign judgment is pending;
(B) an appeal from the foreign judgment will be taken; or
(C) a stay of execution of the foreign judgment has been granted; and
(2) that the judgment debtor has furnished the security, if any, for the judgment required under the jurisdiction in which the foreign judgment was rendered;
the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated.
(b) If:
(1) the judgment debtor shows the court grounds upon which enforcement of a judgment of a court of Indiana would be stayed; and
(2) the judgment debtor gives the court security for the judgment debt;
the court shall stay enforcement of the foreign judgment for the same period as would be appropriate to stay enforcement for a similar judgment by an Indiana court.
As added by P.L.40-2003, SEC.2.