reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 47. Contempt of Court › Chapter 4. Contempt Citations and Writs of Attachment › 34-47-4-2. Writ of Attachment of the Body of the Person

Sec. 2. (a) For the purpose of procuring personal jurisdiction over a person who has allegedly violated a court order or who is otherwise in contempt of court, the court may issue a writ of attachment of the body of the person.
(b) A writ of attachment issued under subsection (a) shall:
(1) be directed to a sheriff or assisting sheriff; and
(2) fix an amount of:
(A) bail, if the order that the person has allegedly violated does not concern a child support obligation; or
(B) escrow, if the order that the person has allegedly violated concerns a child support obligation.
(c) A sheriff or assisting sheriff who receives an order under this section shall immediately:
(1) serve the writ; and
(2) take the person into custody.
A sheriff may serve a writ of attachment and take the person into custody in any county.
(d) If an assisting sheriff takes a person into custody, the assisting sheriff shall notify the sheriff. The sheriff, after notification, shall immediately return the person to the county in which the writ was issued and take the person before the court that issued the writ. However, the sheriff may release the person:
(1) on bail as in criminal matters; or
(2) after any person has deposited the amount of escrow in accordance with subsection (e).
(e) The escrow shall be:
(1) deposited with the clerk of the court;
(2) an amount:
(A) fixed by the court; and
(B) not more than any delinquent child support allegedly owed by the person to another; and
(3) subject to a court ordered attachment for satisfaction of delinquent child support and interest under IC 31-16-12-2 and IC 31-14-12-1 (before its repeal).
(f) All escrow money collected under this section (or IC 34-4-9-2.1 before its repeal) by the clerk of the court shall be deposited into a single account. The clerk shall:
(1) keep an accounting of all money transferred to the escrow account;
(2) issue a receipt to any person who transfers money to the clerk under this section; and
(3) transfer money from the escrow account only under an order from the court that issued the writ of attachment under subsection (a).
[Pre-1998 Recodification Citations: 34-4-9-2.1(b); 34-4-9-2.1(c); 34-4-9-2.1(d); 34-4-9-2.1(e); 34-4-9-2.1(f).]
As added by P.L.1-1998, SEC.43. Amended by P.L.207-2013, SEC.52.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 47. Contempt of Court › Chapter 4. Contempt Citations and Writs of Attachment › 34-47-4-3. Supplemental Nature of Chapter

Sec. 3. This chapter shall be construed as supplemental to all laws:
(1) concerning contempts of courts and punishments for contempts of court; or
(2) providing for the enforcement of the lawful order of any such court.
[Pre-1998 Recodification Citation: 34-4-9-3.]
As added by P.L.1-1998, SEC.43.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 48. Repealed

[Pre-1998 Recodification Citations:
34-48-1-1formerly 34-1-12-134-48-1-2formerly 34-1-12-234-48-1-3formerly 34-1-12-334-48-1-4formerly 34-1-12-434-48-1-5formerly 34-1-12-534-48-1-6formerly 34-1-12-634-48-1-7formerly 34-1-12-734-48-1-8formerly 34-1-12-834-48-1-9formerly 34-1-12-934-48-1-10formerly 34-1-12-1034-48-2-1formerly 34-2-5-134-48-3-1formerly 34-2-6-134-48-3-2formerly 34-2-6-234-48-4-1formerly 34-2-7-1 part34-48-4-2formerly 34-2-7-1 part34-48-4-3formerly 34-2-7-1 part34-48-4-4formerly 34-2-7-1 part34-48-4-5formerly 34-2-7-1 part34-48-4-6formerly 34-2-7-1 part34-48-5-1formerly 34-2-7-2 part34-48-5-2formerly 34-2-7-2 part34-48-6-1formerly 34-2-7-3 part34-48-6-2formerly 34-2-7-3 part34-48-6-3formerly 34-2-7-3 part34-48-6-4formerly 34-2-7-3 part.]
Repealed by P.L.2-2002, SEC.128.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 49. Bonds › Chapter 1. Fixing of Bond › 34-49-1-1. Fixing of Bond by Judge

Sec. 1. (a) This section applies whenever:
(1) any bond or undertaking is required in connection with any civil action or proceeding brought in any court of Indiana; and
(2) in the absence of any provision of law specifying the amount of the bond or undertaking.
(b) The judge of the court shall fix the penalty in an amount that the judge considers adequate, but not less than one hundred dollars ($100).
(c) This section does not preclude a full and complete reconsideration of the sufficiency of the amount by the judge of the court in which the action or proceeding is pending upon the motion of any aggrieved party.
[Pre-1998 Recodification Citation: 34-2-33-1.]
As added by P.L.1-1998, SEC.45.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 49. Bonds › Chapter 1. Fixing of Bond › 34-49-1-2. Deposit of Cash, Check, or Draft Instead of Bond

Sec. 2. (a) This section applies when any bond is required by law to be filed in any civil, criminal, or probate proceedings, whether in a circuit court, superior court, or a city court.
(b) The officer with whom the bond is required to be filed may accept a deposit of cash or a properly certified check or draft for the full amount of the bond instead of a bond.
(c) This section shall not be construed as mandatory on any court or officer, but as conferring a privilege that may be exercised for the convenience of litigants.
[Pre-1998 Recodification Citation: 34-2-32-1.]
As added by P.L.1-1998, SEC.45.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 49. Bonds › Chapter 1. Fixing of Bond › 34-49-1-3. Examination of Surety

Sec. 3. Every court and officer authorized to take any bail or surety has authority to examine, on oath, the person offering to become a bail or surety, concerning the person's property, and sufficiency as a bail or surety.
[Pre-1998 Recodification Citation: 34-1-63-1.]
As added by P.L.1-1998, SEC.45.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 49. Bonds › Chapter 1. Fixing of Bond › 34-49-1-4. Money Instead of Bail

Sec. 4. Any person required to give bail may deposit with the clerk the amount of money for which the person is required to give bail, and immediately be discharged from arrest.
[Pre-1998 Recodification Citation: 34-1-66-1.]
As added by P.L.1-1998, SEC.45.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 49. Bonds › Chapter 2. Defective Bonds › 34-49-2-1. Bond Not Void for Want of Form or Substance, Recital, or Condition

Sec. 1. An official bond entered into by any officer, or any bond, recognizance, or written undertaking taken by any officer in the discharge of the duties of the officer's office, is not void for want of form or substance, recital, or condition.
[Pre-1998 Recodification Citation: 34-1-64-1 part.]
As added by P.L.1-1998, SEC.45.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 49. Bonds › Chapter 2. Defective Bonds › 34-49-2-2. Principal or Surety Not Discharged for Defects

Sec. 2. The principal or surety will not be discharged because of any defects listed in section 1 of this chapter. The principal and surety shall be bound by the bond, recognizance, or written undertaking, to the full extent contemplated by the law requiring the bond, recognizance, or written undertaking. The sureties shall be bound to the amount specified in the bond or recognizance.
[Pre-1998 Recodification Citation: 34-1-64-1 part.]
As added by P.L.1-1998, SEC.45.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 49. Bonds › Chapter 2. Defective Bonds › 34-49-2-3. Actions on Defective Bond

Sec. 3. In all actions on a defective bond, recognizance, or written undertaking, the plaintiff or relator may suggest the defect in the plaintiff's or relator's complaint, and recover to the same extent as if the bond, recognizance, or written undertaking were perfect in all respects.
[Pre-1998 Recodification Citation: 34-1-64-1 part.]
As added by P.L.1-1998, SEC.45.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 49. Bonds › Chapter 3. Bond for Officer Making Levy in Replevin › 34-49-3-1. Bond to Indemnify Officer in Replevin Suit

Sec. 1. If a suit is brought:
(1) in replevin; and
(2) against an officer who issued a writ of attachment or execution under IC 32-35-2-26 (or IC 34-21-6-1 or IC 34-2-4-1 before their repeal);
the officer may demand a bond from the attachment or execution plaintiff to indemnify the officer in the replevin suit.
[1998 Recodification Citation: New.]
As added by P.L.1-1998, SEC.45. Amended by P.L.2-2002, SEC.101.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 49. Bonds › Chapter 4. Delivery Bonds Executed by Defendant for Personal Property › 34-49-4-1. Bond to Secure Return of Personal Property Taken in Execution of Judgment

Sec. 1. When personal property is taken in an execution of judgment, the execution defendant may, under IC 34-55-5-1, deliver to the sheriff a written undertaking, payable to the execution plaintiff, with sufficient surety, to obtain the return of the personal property.
[1998 Recodification Citation: New.]
As added by P.L.1-1998, SEC.45.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 49. Bonds › Chapter 5. Appeal Bonds › 34-49-5-1. Appeal Bonds Governed by Ic 34-56-2

Sec. 1. Appeal bonds for appeals taken to circuit courts, superior courts, or probate courts are governed by IC 34-56-2.
[1998 Recodification Citation: New.]
As added by P.L.1-1998, SEC.45. Amended by P.L.84-2016, SEC.161.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 49. Bonds › Chapter 5. Appeal Bonds › 34-49-5-2. Federal Agencies Exempt From Appeal Bond Requirements

Sec. 2. Federal agencies are exempt from appeal bond requirements under IC 34-56-3.
[1998 Recodification Citation: New.]
As added by P.L.1-1998, SEC.45.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 49. Bonds › Chapter 5. Appeal Bonds › 34-49-5-3. Amount of Appeal Bond

Sec. 3. (a) An appeal bond that an appellant must post to stay execution on a judgment while an appeal is pending may not exceed twenty-five million dollars ($25,000,000) regardless of the total amount of the judgment.
(b) Notwithstanding subsection (a), if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may enter orders that:
(1) are necessary to protect the appellee; and
(2) require the appellant to post a bond that is equal to the total amount of the judgment.
As added by P.L.46-2002, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 1. Offers of Settlement › 34-50-1-0.2. Application of Prior Law

Sec. 0.2. The addition of IC 34-4-44.6 (before its repeal, now codified in this chapter) by P.L.278-1995 applies to a cause of action that accrues after June 30, 1995.
As added by P.L.220-2011, SEC.575.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 1. Offers of Settlement › 34-50-1-1. Applicability of Chapter

Sec. 1. (a) This chapter applies only to actions in tort brought under:
(1) IC 33, including IC 33-1-1.5 before its repeal; or
(2) this title.
(b) This chapter does not apply to small claims actions.
[Pre-1998 Recodification Citation: 34-4-44.6-1.]
As added by P.L.1-1998, SEC.46.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 1. Offers of Settlement › 34-50-1-2. Time of Offer

Sec. 2. A qualified settlement offer may be made at any time after a complaint has been filed in a civil action, but may not be made less than thirty (30) days before a trial of the action.
[Pre-1998 Recodification Citation: 34-4-44.6-5.]
As added by P.L.1-1998, SEC.46.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 1. Offers of Settlement › 34-50-1-3. Resolution of Issues Before Acceptance

Sec. 3. A qualified settlement offer must resolve all claims and defenses at issue in the civil action between the offeror and the recipient before the qualified settlement offer may be accepted by the recipient.
[Pre-1998 Recodification Citation: 34-4-44.6-6.]
As added by P.L.1-1998, SEC.46.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 1. Offers of Settlement › 34-50-1-4. Requirements of Qualified Settlement Offer

Sec. 4. A qualified settlement offer must:
(1) be in writing;
(2) be signed by the offeror or the offeror's attorney of record;
(3) be designated on its face as a qualified settlement offer;
(4) be delivered to each recipient or recipient's attorney of record:
(A) by registered or certified mail; or
(B) by any method that verifies the date of receipt;
(5) set forth the complete terms of the settlement proposed by the offeror to the recipient in sufficient detail to allow the recipient to decide whether to accept or reject it;
(6) include the name and address of the offeror and the offeror's attorney of record, if any; and
(7) expressly revoke all prior qualified settlement offers made by the offeror to the recipient.
[Pre-1998 Recodification Citation: 34-4-44.6-7.]
As added by P.L.1-1998, SEC.46.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 1. Offers of Settlement › 34-50-1-5. Acceptance

Sec. 5. An acceptance of a qualified settlement offer must be:
(1) unconditional;
(2) in writing;
(3) signed by the accepting recipient or the accepting recipient's attorney of record; and
(4) delivered:
(A) by registered or certified mail or by a means that verifies the date of receipt;
(B) to the offeror or the offeror's attorney of record; and
(C) not more than thirty (30) days after the recipient receives the qualified settlement offer.
[Pre-1998 Recodification Citation: 34-4-44.6-8.]
As added by P.L.1-1998, SEC.46.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 1. Offers of Settlement › 34-50-1-6. Attorney's Fees and Costs

Sec. 6. (a) If:
(1) a recipient does not accept a qualified settlement offer; and
(2) the final judgment is less favorable to the recipient than the terms of the qualified settlement offer;
the court shall award attorney's fees, costs, and expenses to the offeror upon the offeror's motion.
(b) An award of attorney's fees, costs, and expenses under this section must consist of attorney's fees at a rate of not more than one hundred dollars ($100) per hour and other costs and expenses incurred by the offeror after the date of the qualified settlement offer. However, the award of attorney's fees, costs, and expenses may not total more than one thousand dollars ($1,000).
(c) A motion for an award of attorney's fees, costs, and expenses under this section must be filed not more than thirty (30) days after entry of judgment. The motion must be accompanied by an affidavit of the offeror or the offeror's attorney establishing the amount of the attorney's fees and other costs and expenses incurred by the offeror after the date of the qualified settlement offer. The affidavit constitutes prima facie proof of the reasonableness of the amount.
(d) Where appropriate, the court may order a judgment entered against the offeror and in favor of the recipient reduced by the amount of attorney's fees, costs, and expenses awarded to the offeror under this section (or IC 34-4-44.6-8 before its repeal).
[Pre-1998 Recodification Citation: 34-4-44.6-9.]
As added by P.L.1-1998, SEC.46.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 2. Annuity Structured Settlements › 34-50-2-1. "Interested Party"

Sec. 1. As used in this chapter, "interested party" refers to:
(1) the payee;
(2) the annuity issuer;
(3) the structured settlement agreement obligor;
(4) the payee's counsel who assisted in the establishment of the structured settlement;
(5) a dependent of the payee; or
(6) a family member or relative who is acting as a caregiver for the payee.
As added by P.L.219-2001, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 2. Annuity Structured Settlements › 34-50-2-2. "Structured Settlement"

Sec. 2. As used in this chapter, "structured settlement" means periodic payments of damages established by a settlement or a court judgment in resolution of a tort claim for personal injury.
As added by P.L.219-2001, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 2. Annuity Structured Settlements › 34-50-2-3. "Transfer"

Sec. 3. As used in this chapter, "transfer" means a:
(1) sale;
(2) assignment;
(3) pledge;
(4) hypothecation; or
(5) any other form of alienation or encumbrance;
of structured settlement payment rights made by a payee for consideration.
As added by P.L.219-2001, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 2. Annuity Structured Settlements › 34-50-2-4. "Transferee"

Sec. 4. As used in this chapter, "transferee" means a party acquiring or proposing to acquire structured settlement payment rights through a transfer agreement.
As added by P.L.219-2001, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 2. Annuity Structured Settlements › 34-50-2-5. Court Approval of Transfers Required

Sec. 5. A direct or indirect transfer of structured settlement payment rights is not effective, and a structured settlement obligor or annuity issuer is not required to make a payment directly or indirectly to a transferee, unless an Indiana court of competent jurisdiction has approved the transfer in a final order in accordance with sections 7 and 8 of this chapter.
As added by P.L.219-2001, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 2. Annuity Structured Settlements › 34-50-2-6. Disclosure Statements

Sec. 6. Not less than ten (10) days before the date on which a payee becomes obligated under a transfer agreement, the transferee shall provide to the payee and other interested parties a disclosure statement, in boldface type of not less than fourteen (14) points in size, that includes the following:
(1) The amounts and due dates of the structured settlement payments to be transferred under the transfer agreement.
(2) The aggregate amount of the payments disclosed under subdivision (1).
(3) An estimate of the present fair market value of the future periodic payments under the structured settlement agreement.
(4) The gross amount payable to the payee as consideration for the transfer of the structured settlement payments disclosed under subdivision (1).
(5) An itemized list of all:
(A) commissions;
(B) fees;
(C) costs;
(D) expenses; and
(E) charges;
payable by the payee or deductible from the gross amount payable to the payee, as disclosed under subdivision (4).
(6) The net amount payable to the payee after any deduction is made from the gross amount payable to the payee, as described in subdivision (5).
(7) The quotient, expressed as a percentage, obtained by dividing the net amount payable to the payee, as disclosed under subdivision (6), by the estimate of the present fair market value of the future periodic payments, as disclosed under subdivision (3).
(8) The amount of any penalty and the aggregate amount of any liquidated damages, including penalties, payable by the payee in the event of a breach of the transfer agreement by the payee.
As added by P.L.219-2001, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 2. Annuity Structured Settlements › 34-50-2-7. Final Orders; Findings

Sec. 7. An Indiana court of competent jurisdiction may approve a transfer of structured settlement payment rights only in a final order that is based on the express findings of the court. The express findings must include all of the following:
(1) The consideration that the payee will receive for the transfer reasonably reflects the present fair market value of the future periodic payments under the structured settlement agreement.
(2) The transfer is in the best interest of the payee.
(3) The transfer will not materially impair the payee's ability to discharge the payee's obligations to the payee's dependents.
(4) If the transferee is the applicant, the transferee has provided to the payee a disclosure statement in accordance with section 6 of this chapter.
As added by P.L.219-2001, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 2. Annuity Structured Settlements › 34-50-2-8. Applications for Approval of Transfers

Sec. 8. (a) An application under this chapter for approval of a transfer of structured settlement payment rights must be filed in:
(1) the Indiana court in which the underlying tort action was pending; or
(2) the court of general jurisdiction in the Indiana county in which the payee resides.
(b) The following apply to an application filed under subsection (a):
(1) Upon filing of the application, the court shall set a date and time for a hearing on the application not earlier than twenty (20) days after the application is filed and shall notify the applicant of the date, time, and place of the hearing. The court shall give precedence to a hearing set under this section in accordance with Indiana Trial Rule 40.
(2) The applicant shall file with the court and shall serve on:
(A) all interested parties;
(B) the annuity issuer; and
(C) the structured settlement obligor;
in the manner prescribed in the rules of civil procedure for the service of process, a notice of the proposed transfer.
(3) The notice required under subdivision (2) shall include:
(A) a copy of the application;
(B) a copy of the proposed transfer agreement, including the transferee's:
(i) name;
(ii) address; and
(iii) taxpayer identification number;
(C) a copy of the disclosure statement provided by the transferee under section 6 of this chapter whenever the application is filed by a person other than the payee;
(D) notification of the date, time, and place of the hearing on the application; and
(E) notification that an interested party may support, oppose, or otherwise respond to the application, either in person or by counsel, by:
(i) submitting to the court a written response containing the interested party's support of, opposition to, or comments on the application; or
(ii) participating in the hearing.
(4) At the conclusion of the hearing on an application filed under subsection (a), the court may enter an order:
(A) granting approval with or without modification; or
(B) denying approval;
of the transfer. If the court grants approval of the transfer, the court shall include in the order all of the express findings required under section 7 of this chapter. If the court denies the approval of the transfer, the court shall include in the order the reasons for the denial.
(5) An order of the court made under subdivision (4) is a final and appealable order.
As added by P.L.219-2001, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 2. Annuity Structured Settlements › 34-50-2-9. Effect of Disapproval of Transfers; Waiver Prohibited; Unlawful Transfers

Sec. 9. (a) A payee who proposes to make a transfer of structured settlement payment rights does not:
(1) incur a penalty;
(2) forfeit an application fee or other payment; or
(3) otherwise incur a liability to the proposed transferee;
if the transfer is not approved by a court under section 7 of this chapter.
(b) A provision of this chapter may not be waived.
(c) This chapter does not:
(1) authorize a transfer of structured settlement payment rights in contravention of applicable law; or
(2) give effect to a transfer of structured settlement payment rights that is void under applicable law.
As added by P.L.219-2001, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 2. Annuity Structured Settlements › 34-50-2-10. Immunity

Sec. 10. After a transfer that has been approved in accordance with this chapter, a structured settlement obligor and an annuity issuer are immune from liability to a payee, or to a party other than a transferee who is claiming through the payee, for paying structured settlement payments to a transferee.
As added by P.L.219-2001, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 50. Settlement of Claims › Chapter 2. Annuity Structured Settlements › 34-50-2-11. Failure to Provide Disclosure Statement as Incurable Deceptive Act

Sec. 11. Failure of a transferee of structured settlement payment rights to timely provide a true and complete disclosure statement to a payee under this chapter in connection with a direct or indirect transfer of structured settlement payment rights is an incurable deceptive act under IC 24-5-0.5.
As added by P.L.219-2001, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 1. Damages Generally › 34-51-1-2. Advance Payments in Personal Injury and Property Damage Cases

Sec. 2. Evidence of advance payments in personal injury and property damage cases is governed by IC 34-44-2.
[1998 Recodification Citation: New.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 1. Damages Generally › 34-51-1-3. Treble Damages

Sec. 3. Treble damages in certain civil actions by crime victims are governed by IC 34-24-3.
[1998 Recodification Citation: New.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-1. Applicability of Chapter

Sec. 1. (a) This chapter governs any action based on fault that is brought to recover damages for injury or death to a person or harm to property, except as provided in subsection (b).
(b) This chapter does not apply to an action:
(1) brought against a qualified health care provider under IC 16-9.5 (before its repeal), IC 27-12 (before its repeal), or IC 34-18 for medical malpractice; or
(2) that accrued before January 1, 1985.
[Pre-1998 Recodification Citation: 34-4-33-1 part.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-2. Governmental Entities and Public Employees Excepted

Sec. 2. This chapter does not apply in any manner to tort claims against governmental entities or public employees under IC 34-13-3 (or IC 34-4-16.5 before its repeal).
[Pre-1998 Recodification Citation: 34-4-33-8.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-3. Causation

Sec. 3. In an action brought under this chapter (or IC 34-4-33 before its repeal), legal requirements of causal relation apply to:
(1) fault as the basis for liability; and
(2) contributory fault.
[Pre-1998 Recodification Citation: 34-4-33-1 part.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-4. Defendant as Single Party

Sec. 4. For purposes of sections 6 through 10 of this chapter, a defendant may be treated along with another defendant as a single party where recovery is sought against that defendant not based upon the defendant's own alleged act or omission but upon the defendant's relationship to the other defendant.
[Pre-1998 Recodification Citation: 34-4-33-2(b).]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-5. Effect of Contributory Fault

Sec. 5. In an action based on fault, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery except as provided in section 6 of this chapter.
[Pre-1998 Recodification Citation: 34-4-33-3.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-6. Barring of Recovery; Degree of Contributory Fault

Sec. 6. (a) In an action based on fault that is brought against:
(1) one (1) defendant; or
(2) two (2) or more defendants who may be treated as a single party;
the claimant is barred from recovery if the claimant's contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant's damages.
(b) In an action based on fault that is brought against two (2) or more defendants, the claimant is barred from recovery if the claimant's contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant's damages.
[Pre-1998 Recodification Citation: 34-4-33-4.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-7. Jury Instructions; Single Party Defendant

Sec. 7. (a) This section applies to an action based on fault that is:
(1) brought against one (1) defendant or two (2) or more defendants who may be treated as a single party; and
(2) tried to a jury.
(b) The court, unless all the parties agree otherwise, shall instruct the jury to determine its verdict in the following manner:
(1) The jury shall determine the percentage of fault of the claimant, of the defendant, and of any person who is a nonparty. The jury may not be informed of any immunity defense that is available to a nonparty. In assessing percentage of fault, the jury shall consider the fault of all persons who caused or contributed to cause the alleged injury, death, or damage to property, tangible or intangible, regardless of whether the person was or could have been named as a party. The percentage of fault of parties to the action may total less than one hundred percent (100%) if the jury finds that fault contributing to cause the claimant's loss has also come from a nonparty or nonparties.
(2) If the percentage of fault of the claimant is greater than fifty percent (50%) of the total fault involved in the incident which caused the claimant's death, injury, or property damage, the jury shall return a verdict for the defendant and no further deliberation of the jury is required.
(3) If the percentage of fault of the claimant is not greater than fifty percent (50%) of the total fault, the jury then shall determine the total amount of damages the claimant would be entitled to recover if contributory fault were disregarded.
(4) The jury next shall multiply the percentage of fault of the defendant by the amount of damages determined under subdivision (3) and shall then enter a verdict for the claimant in the amount of the product of that multiplication.
[Pre-1998 Recodification Citation: 34-4-33-5(a).]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-8. Jury Instructions; Multiple Defendants

Sec. 8. (a) This section applies to an action based on fault that:
(1) is brought against two (2) or more defendants; and
(2) is tried to a jury.
(b) The court, unless all the parties agree otherwise, shall instruct the jury to determine its verdict in the following manner:
(1) The jury shall determine the percentage of fault of the claimant, of the defendants, and of any person who is a nonparty. The jury may not be informed of any immunity defense that might be available to a nonparty. In assessing percentage of fault, the jury shall consider the fault of all persons who caused or contributed to cause the alleged injury, death, or damage to property, tangible or intangible, regardless of whether the person was or could have been named as a party. The percentage of fault of parties to the action may total less than one hundred percent (100%) if the jury finds that fault contributing to cause the claimant's loss has also come from a nonparty or nonparties.
(2) If the percentage of fault of the claimant is greater than fifty percent (50%) of the total fault involved in the incident which caused the claimant's death, injury, or property damage, the jury shall return a verdict for the defendants and no further deliberation of the jury is required.
(3) If the percentage of fault of the claimant is not greater than fifty percent (50%) of the total fault, the jury shall then determine the total amount of damages the claimant would be entitled to recover if contributory fault were disregarded.
(4) The jury next shall multiply the percentage of fault of each defendant by the amount of damages determined under subdivision (3) and shall enter a verdict against each defendant (and such other defendants as are liable with the defendant by reason of their relationship to a defendant) in the amount of the product of the multiplication of each defendant's percentage of fault times the amount of damages as determined under subdivision (3).
[Pre-1998 Recodification Citation: 34-4-33-5(b).]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-9. Trial Without Jury; Award of Damages

Sec. 9. In an action based on fault that is tried by the court without a jury, the court shall make its award of damages according to the principles specified for juries in sections 7 and 8 of this chapter.
[Pre-1998 Recodification Citation: 34-4-33-5(c).]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-10. Intentional Torts; Full Recovery of Damages From Convicted Defendant

Sec. 10. In the case of an intentional tort, the plaintiff may recover one hundred percent (100%) of the compensatory damages in a civil action for intentional tort from a defendant who was convicted after a prosecution based on the same evidence.
[Pre-1998 Recodification Citation: 34-4-33-5(d).]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-11. Forms of Verdicts; Disclosure Requirements

Sec. 11. The court shall furnish to the jury forms of verdicts that require only the disclosure of:
(1) the percentage of fault charged against each party and nonparty; and
(2) the amount of the verdict against each defendant.
If the evidence in the action is sufficient to support the charging of fault to a nonparty, the form of verdict also shall require a disclosure of the name of the nonparty and the percentage of fault charged to the nonparty.
[Pre-1998 Recodification Citation: 34-4-33-6.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-12. Contribution; Indemnity

Sec. 12. In an action under this chapter (or IC 34-4-33 before its repeal), there is no right of contribution among tortfeasors. However, this section does not affect any rights of indemnity.
[Pre-1998 Recodification Citation: 34-4-33-7.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-13. Inconsistent Verdicts

Sec. 13. In actions brought under this chapter (or IC 34-4-33 before its repeal), whenever a jury returns verdicts in which the ultimate amounts awarded are inconsistent with its determinations of total damages and percentages of fault, the trial court shall:
(1) inform the jury of such inconsistencies;
(2) order the jury to resume deliberations to correct the inconsistencies; and
(3) instruct the jury that the jury is at liberty to change any portion or portions of the verdicts to correct the inconsistencies.
[Pre-1998 Recodification Citation: 34-4-33-9.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-14. Nonparty Defense; Assertion

Sec. 14. In an action based on fault, a defendant may assert as a defense that the damages of the claimant were caused in full or in part by a nonparty. This defense is referred to in this chapter as a nonparty defense.
[Pre-1998 Recodification Citation: 34-4-33-10(a).]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-15. Nonparty Defense; Burden of Proof

Sec. 15. The burden of proof of a nonparty defense is upon the defendant, who must affirmatively plead the defense. However, this chapter does not relieve the claimant of the burden of proving that fault on the part of the defendant or defendants caused, in whole or in part, the damages of the claimant.
[Pre-1998 Recodification Citation: 34-4-33-10(b).]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-16. 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.
[Pre-1998 Recodification Citation: 34-4-33-10(c).]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-17. Nonparty Defense; Medical Malpractice Claims

Sec. 17. This section applies to a claim filed with the insurance commissioner under IC 16-9.5 (before its repeal), IC 27-12 (before its repeal), or IC 34-18 against a qualified health care provider, with the exception that the pleading of a nonparty defense, as required by sections 15 and 16 of this chapter must occur not later than ninety (90) days after the filing of the claim with the insurance commissioner. However, this time limitation may be enlarged or shortened by a court having jurisdiction over the claim in such matter as will give:
(1) the qualified health care provider reasonable opportunity to discover the existence of a nonparty defense; and
(2) the claimant reasonable opportunity to assert a claim against the nonparty before the expiration of the period of limitation applicable to the claim.
[Pre-1998 Recodification Citation: 34-4-33-10(d).]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-18. Actions Against Defendants Who Are Qualified Health Care Providers and Who Are Not Qualified Health Care Providers; Delay; Joinder

Sec. 18. (a) This section applies to an action based on fault that is brought by the claimant against:
(1) one (1) or more defendants who are qualified health care providers under IC 34-18; and
(2) one (1) or more defendants who are not qualified health care providers.
(b) Upon application of the claimant, the trial court shall grant reasonable delays in the action brought against those defendants who are not qualified health care providers until the medical review panel procedure can be completed as to the qualified health care providers.
(c) When an action is permitted to be filed against the qualified health care providers, the trial court shall permit a joinder of the qualified health care providers as additional defendants in the action on file against the nonhealth care providers.
[Pre-1998 Recodification Citation: 34-4-33-11.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 2. Compensatory Damages: Comparative Fault › 34-51-2-19. Liens or Claims to Diminish in Same Proportion as Claimant's Recovery Is Diminished

Sec. 19. If a subrogation claim or other lien or claim that arose out of the payment of medical expenses or other benefits exists in respect to a claim for personal injuries or death and the claimant's recovery is diminished:
(1) by comparative fault; or
(2) by reason of the uncollectibility of the full value of the claim for personal injuries or death resulting from limited liability insurance or from any other cause;
the lien or claim shall be diminished in the same proportion as the claimant's recovery is diminished. The party holding the lien or claim shall bear a pro rata share of the claimant's attorney's fees and litigation expenses.
[Pre-1998 Recodification Citation: 34-4-33-12.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 3. Punitive Damages › 34-51-3-0.2. Application of Prior Law

Sec. 0.2. The addition of IC 34-4-34-3, IC 34-4-34-4, IC 34-4-34-5, and IC 34-4-34-6 (before their repeal, now codified in this chapter) by P.L.278-1995 applies to a cause of action that accrues after June 30, 1995.
As added by P.L.220-2011, SEC.576.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 3. Punitive Damages › 34-51-3-1. Applicability of Chapter

Sec. 1. This chapter applies to all cases in which a party requests the recovery of punitive damages in a civil action.
[Pre-1998 Recodification Citation: 34-4-34-1.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 3. Punitive Damages › 34-51-3-2. Necessity of Evidence of Facts

Sec. 2. Before a person may recover punitive damages in any civil action, that person must establish, by clear and convincing evidence, all of the facts that are relied upon by that person to support the recovery of punitive damages.
[Pre-1998 Recodification Citation: 34-4-34-2.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 3. Punitive Damages › 34-51-3-3. Restrictions on Jury Instructions

Sec. 3. A jury in a case subject to this chapter may not be advised of:
(1) the limitation on the amount of a punitive damage award under section 4 of this chapter; or
(2) the requirement under section 6 of this chapter concerning allocation of money received in payment of a punitive damage award.
[Pre-1998 Recodification Citation: 34-4-34-3.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 3. Punitive Damages › 34-51-3-4. Maximum Award of Damages

Sec. 4. A punitive damage award may not be more than the greater of:
(1) three (3) times the amount of compensatory damages awarded in the action; or
(2) fifty thousand dollars ($50,000).
[Pre-1998 Recodification Citation: 34-4-34-4.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 3. Punitive Damages › 34-51-3-5. Reduction of Excessive Damage Award

Sec. 5. If a trier of fact awards punitive damages that exceed the limitation under section 4 of this chapter, the court shall reduce the punitive damage award to not more than the greater of:
(1) three (3) times the amount of compensatory damages awarded in the action; or
(2) fifty thousand dollars ($50,000).
[Pre-1998 Recodification Citation: 34-4-34-5.]
As added by P.L.1-1998, SEC.47.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 3. Punitive Damages › 34-51-3-6. Payment and Allocation of Damages; Notification; Negotiation of Award; State's Interest in Award

Sec. 6. (a) Except as provided in IC 13-25-4-10, when a finder of fact announces a verdict that includes a punitive damage award in a civil action, the party against whom the judgment was entered shall notify the office of the attorney general of the punitive damage award.
(b) When a punitive damage award is paid, the party against whom the judgment was entered shall pay the punitive damage award to the clerk of the court where the action is pending.
(c) Upon receiving the payment described in subsection (b), the clerk of the court shall:
(1) pay the person to whom punitive damages were awarded twenty-five percent (25%) of the punitive damage award; and
(2) pay the remaining seventy-five percent (75%) of the punitive damage award to the treasurer of state, who shall deposit the funds into the violent crime victims compensation fund established by IC 5-2-6.1-40.
(d) The office of the attorney general may negotiate and compromise a punitive damage award described in subsection (c)(2).
(e) The state's interest in a punitive damage award described in subsection (c)(2) is effective when a finder of fact announces a verdict that includes punitive damages.
[Pre-1998 Recodification Citation: 34-4-34-6.]
As added by P.L.1-1998, SEC.47. Amended by P.L.105-2006, SEC.2; P.L.1-2007, SEC.224.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 51. Damages › Chapter 4. Prejudgment Interest › 34-51-4-1. Applicability of Chapter to Tort Actions

Sec. 1. This chapter applies to any civil action arising out of tortious conduct.
[Pre-1998 Recodification Citation: 34-4-37-3.]
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 › 34-51-4-2. Applicability of Chapter to Claims Against Patient's Compensation Fund

Sec. 2. This chapter does not apply to a claim against the patient's compensation fund under IC 34-18-6, IC 27-12-6 (before its repeal), or IC 16-9.5-4 (before its repeal).
[Pre-1998 Recodification Citation: 34-4-37-4.]
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 › 34-51-4-3. Applicability of Chapter to Punitive Damages Claims

Sec. 3. This chapter does not impose liability for prejudgment interest on any part of a judgment that is awarded as punitive damages.
[Pre-1998 Recodification Citation: 34-4-37-5.]
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 › 34-51-4-4. Liability of State or Political Subdivision

Sec. 4. This chapter does not impose liability for prejudgment interest on the state or any political subdivision (as those terms are defined in IC 34-6-2-140 and IC 34-6-2-110).
[Pre-1998 Recodification Citation: 34-4-37-6.]
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 › 34-51-4-5. Applicability of Chapter Upon Timely Offer of Settlement by Defendants

Sec. 5. This chapter does not apply if:
(1) within nine (9) months 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, one (1) or more of the parties against whom the claim is filed makes a written offer of settlement to the party receiving a judgment;
(2) the terms of the offer include payment within sixty (60) days after the offer is accepted; and
(3) the amount of the offer is at least two-thirds (2/3) of the amount of the judgment award.
[Pre-1998 Recodification Citation: 34-4-37-7.]
As added by P.L.1-1998, SEC.47.