reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 2. Civil Remedies for Racketeering Activity › 34-24-2-6. Action of Aggrieved Person for Injunctive Relief and Damages From Corrupt Business Influence; Jury Trial; Right to Forfeited Property; State as Aggrieved Person

Sec. 6. (a) An aggrieved person may, in addition to proceeding under section 4 of this chapter, bring an action for injunctive relief from corrupt business influence in a circuit or superior court in the county of the aggrieved person's residence, or in a county where any of the affected property or the affected enterprise is located. If the court finds, through a preponderance of the evidence, that the aggrieved person is suffering from corrupt business influence, the court shall make an appropriate order for injunctive relief. This order must be made in accordance with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases, except that a showing of special or irreparable damage to the aggrieved person is not required. The court may order injunctive relief only after the execution of a bond by the aggrieved person for an injunction improvidently granted, in an amount established by the court. In addition, the court may order a temporary restraining order or a preliminary injunction, but only after a showing of immediate danger of significant loss or damage to the aggrieved person.
(b) An aggrieved person may bring an action against a person who has violated IC 35-45-6-2 in a circuit or superior court in the county of the aggrieved person's residence, or in a county where any of the affected property or the affected enterprise is located, for damages suffered as a result of corrupt business influence. Upon a showing by a preponderance of the evidence that the aggrieved person has been damaged by corrupt business influence, the court shall order the person causing the damage through a violation of IC 35-45-6-2 to pay to the aggrieved person:
(1) an amount equal to three (3) times the person's actual damages;
(2) the costs of the action;
(3) a reasonable attorney's fee; and
(4) any punitive damages awarded by the court and allowable under law.
(c) The defendant and the aggrieved person are entitled to a trial by jury in an action brought under this section (or IC 34-4-30.5-5 before its repeal).
(d) In addition to any rights provided under section 4 of this chapter, an aggrieved person has a right or claim to forfeited property or to the proceeds derived from forfeited property superior to any right or claim the state has in the same property or proceeds.
(e) If the state is an aggrieved person, the attorney general and the inspector general have concurrent jurisdiction with the prosecuting attorney to bring an action under this section.
[Pre-1998 Recodification Citation: 34-4-30.5-5.]
As added by P.L.1-1998, SEC.19. Amended by P.L.222-2005, SEC.44.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 2. Civil Remedies for Racketeering Activity › 34-24-2-7. Relitigation of Issues Determined in Criminal Proceeding Barred by Collateral Estoppel

Sec. 7. In any action brought under this chapter (or IC 34-4-30 before its repeal), the principle of collateral estoppel operates to bar relitigation of the issues previously determined in a criminal proceeding under IC 35-45-6-2.
[Pre-1998 Recodification Citation: 34-4-30.5-6.]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 2. Civil Remedies for Racketeering Activity › 34-24-2-8. Retention of Attorney to Bring Action

Sec. 8. (a) A prosecuting attorney or the inspector general may retain an attorney to bring an action under this chapter.
(b) An attorney retained under this section is not required to be a deputy prosecuting attorney but must be admitted to the practice of law in Indiana.
[Pre-1998 Recodification Citation: 34-4-30.5-7.]
As added by P.L.1-1998, SEC.19. Amended by P.L.222-2005, SEC.45.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 3. Treble Damages Allowed in Certain Civil Actions by Crime Victims › 34-24-3-0.2. Application of Prior Law

Sec. 0.2. The addition of IC 34-4-30-3 (before its repeal, now codified at section 4 of this chapter) by P.L.316-1987 does not apply to a cause of action accruing before April 27, 1987.
As added by P.L.220-2011, SEC.560.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 3. Treble Damages Allowed in Certain Civil Actions by Crime Victims › 34-24-3-0.5. "Loss"

Sec. 0.5. As used in this chapter, "loss" includes expenses incurred in securing a computer system or computer network against unauthorized intrusion.
As added by P.L.153-2017, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 3. Treble Damages Allowed in Certain Civil Actions by Crime Victims › 34-24-3-1. Offenses Against Property; Recovery of Damages, Costs, and Attorney's Fee

Sec. 1. If a person has an unpaid claim on a liability that is covered by IC 24-4.6-5 or suffers a pecuniary loss as a result of a violation of IC 35-43, IC 35-42-3-3, IC 35-42-3-4, IC 35-45-9, or IC 35-46-10, the person may bring a civil action against the person who caused the loss for the following:
(1) An amount not to exceed three (3) times:
(A) the actual damages of the person suffering the loss, in the case of a liability that is not covered by IC 24-4.6-5; or
(B) the total pump price of the motor fuel received, in the case of a liability that is covered by IC 24-4.6-5.
(2) The costs of the action.
(3) A reasonable attorney's fee.
(4) Actual travel expenses that are not otherwise reimbursed under subdivisions (1) through (3) and are incurred by the person suffering loss to:
(A) have the person suffering loss or an employee or agent of that person file papers and attend court proceedings related to the recovery of a judgment under this chapter; or
(B) provide witnesses to testify in court proceedings related to the recovery of a judgment under this chapter.
(5) A reasonable amount to compensate the person suffering loss for time used to:
(A) file papers and attend court proceedings related to the recovery of a judgment under this chapter; or
(B) travel to and from activities described in clause (A).
(6) Actual direct and indirect expenses incurred by the person suffering loss to compensate employees and agents for time used to:
(A) file papers and attend court proceedings related to the recovery of a judgment under this chapter; or
(B) travel to and from activities described in clause (A).
(7) All other reasonable costs of collection.
[Pre-1998 Recodification Citation: 34-4-30-1.]
As added by P.L.1-1998, SEC.19. Amended by P.L.97-2011, SEC.3; P.L.276-2019, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 3. Treble Damages Allowed in Certain Civil Actions by Crime Victims › 34-24-3-1.5. Offenses Concerning Adoption Deception and Unauthorized Adoption Facilitation; Recovery of Damages or Amounts Paid, Costs, and Attorney's Fees

Sec. 1.5. (a) If a prospective adoptive parent suffers pecuniary loss as a result of a violation of IC 35-46-1-9.5, the prospective adoptive parent may bring a civil action against a person who benefits from adoption related expenses in violation of IC 35-46-1-9.5, even if the person has not been prosecuted or convicted of the offense under IC 35-46-1-9.5. In an action under this subsection, a prospective adoptive parent may seek an award of the following:
(1) Actual damages caused by the violation if the prospective adoptive parent has not been awarded damages under IC 35-46-1-9.5.
(2) An amount not to exceed three (3) times the amount of actual damages of the prospective adoptive parent suffering the loss.
(3) The costs of the action.
(4) A reasonable attorney's fee.
(b) A prospective adoptive parent may bring a civil action against a person who commits unauthorized adoption facilitation under IC 35-46-1-22, even if the person has not been prosecuted or convicted of the offense under IC 35-46-1-22. In an action under this subsection, a prospective adoptive parent may seek an award of the following:
(1) An amount not to exceed three (3) times the amount that the prospective adoptive parent paid for the adoption services provided to the prospective adoptive parent in the commission of unauthorized adoption facilitation under IC 35-46-1-22.
(2) The costs of the action.
(3) A reasonable attorney's fee.
As added by P.L.146-2007, SEC.16.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 3. Treble Damages Allowed in Certain Civil Actions by Crime Victims › 34-24-3-2. Irrebuttable Presumption of Retailer's Pecuniary Loss; Insurance or Indemnification Prohibited

Sec. 2. (a) For purposes of determining the amount of damages recoverable under section 1(1) of this chapter, there is an irrebuttable presumption that a retailer who brings a civil action under this chapter (or IC 34-4-30 before its repeal) as the result of a violation of IC 35-43-4-2 (theft), IC 35-43-4-2.2 (organized retail theft), or IC 35-43-4-3 (conversion) suffers a pecuniary loss in the amount of:
(1) one hundred dollars ($100) regardless of whether:
(A) the property is returned to the retailer; or
(B) the actual retail value of the property is less than one hundred dollars ($100); or
(2) the retailer's actual damages;
whichever is greater.
(b) An individual found liable in a civil action under this chapter (or IC 34-4-30 before its repeal) for violating IC 35-43-4-2, IC 35-43-4-2.2, or IC 35-43-4-3 may not be indemnified or insured for any penalties, damages, or settlement arising from the violation.
[Pre-1998 Recodification Citation: 34-4-30-1.5.]
As added by P.L.1-1998, SEC.19. Amended by P.L.185-2023, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 3. Treble Damages Allowed in Certain Civil Actions by Crime Victims › 34-24-3-3. Action for Punitive Damages

Sec. 3. It is not a defense to an action for punitive damages that the defendant is subject to criminal prosecution for the act or omission that gave rise to the civil action. However, a person may not recover both:
(1) punitive damages; and
(2) the amounts provided for under section 1 or 1.5 of this chapter.
[Pre-1998 Recodification Citation: 34-4-30-2.]
As added by P.L.1-1998, SEC.19. Amended by P.L.146-2007, SEC.17.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 3. Treble Damages Allowed in Certain Civil Actions by Crime Victims › 34-24-3-4. Damages Inflicted by Operation of Motor Vehicle Excepted Unless Intentional

Sec. 4. This chapter does not apply to a person who suffers pecuniary damages as a result of the operation of a vehicle in violation of IC 35-43-1-2 or IC 35-43-2-2, unless the damage was intentionally inflicted.
[Pre-1998 Recodification Citation: 34-4-30-3(b).]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 3. Treble Damages Allowed in Certain Civil Actions by Crime Victims › 34-24-3-5. Female Genital Mutilation

Sec. 5. If a victim suffers a pecuniary loss as a result of a violation of IC 35-42-2-10 (female genital mutilation), the victim may bring a civil action against the person in violation of IC 35-42-2-10, even if the person has not been prosecuted or convicted of the offense under IC 35-42-2-10. In an action under this section, a victim may seek an award of the following:
(1) Actual damages caused by the violation if the victim has not been awarded damages under IC 35-42-2-10.
(2) An amount not to exceed three (3) times the amount of actual damages of the victim suffering the loss.
(3) The costs of the action.
(4) A reasonable attorney's fee.
As added by P.L.51-2021, SEC.5.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 4. Drug Dealer Liability › 34-24-4-0.3. Application of Statute of Limitations

Sec. 0.3. The statute of limitations under this chapter (or IC 34-1-70 before its repeal) for a claim based on participation in the illegal drug market that occurred before July 1, 1997, does not begin to run until July 1, 1997.
As added by P.L.220-2011, SEC.561.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 4. Drug Dealer Liability › 34-24-4-1. Liability of Person Participating in Illegal Drug Market; Exception for Law Enforcement Investigations

Sec. 1. (a) A person who knowingly participates in the illegal drug market in Indiana is liable for civil damages as provided in this chapter.
(b) A person may recover damages under this chapter for an injury that results from an individual's use of an illegal drug.
(c) A law enforcement officer or agency, the state, or a person acting at the direction of a law enforcement officer or agency or the state is not liable for participating in the illegal drug market if the participation is to further an official investigation.
[Pre-1998 Recodification Citation: 34-1-70-10.]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 4. Drug Dealer Liability › 34-24-4-2. Parties Plaintiff

Sec. 2. The following persons may bring an action for damages caused by an individual drug user's use of an illegal drug:
(1) A:
(A) parent;
(B) legal guardian;
(C) child;
(D) spouse; or
(E) sibling;
of the individual drug user.
(2) An individual who was exposed to an illegal drug in utero.
(3) An employer of the individual drug user.
(4) A medical facility, insurer, governmental entity, employer, or other entity that:
(A) funds a drug treatment program or employee assistance program for the individual drug user; or
(B) otherwise expends money on behalf of the individual drug user.
(5) A person injured as a result of the willful, reckless, or negligent actions of an individual drug user.
(6) Any neighborhood association registered with the municipal governing body, the official geographic boundaries of which encompass the location of the complained-of illegal drug dealing or use.
[Pre-1998 Recodification Citation: 34-1-70-11(a).]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 4. Drug Dealer Liability › 34-24-4-3. Parties Defendant

Sec. 3. A person who may bring an action under section 2 of this chapter may recover damages from the following persons:
(1) A person who knowingly distributed or knowingly participated in the chain of distribution of an illegal drug that was actually used by the individual drug user.
(2) A person who knowingly participated in the illegal drug market if the:
(A) individual drug user's place of illegal drug activity is within the person's illegal drug market target community;
(B) person's participation in the illegal drug market was connected with the same type of illegal drug used by the individual drug user; and
(C) person participated in the illegal drug market at any time during the individual drug user's period of illegal drug use.
[Pre-1998 Recodification Citation: 34-1-70-11(b).]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 4. Drug Dealer Liability › 34-24-4-4. Recovery of Damages, Costs, and Attorney's Fees

Sec. 4. A person who may bring an action under section 2 of this chapter may recover the following damages:
(1) Economic damages, including costs for the following:
(A) Treatment and rehabilitation.
(B) Medical expenses.
(C) Loss of economic or educational potential.
(D) Loss of productivity.
(E) Absenteeism.
(F) Support expenses.
(G) Accidents or injury.
(H) Any other pecuniary loss proximately caused by the illegal drug use.
(2) Noneconomic damages, including costs for the following:
(A) Physical and emotional pain and suffering.
(B) Physical impairment.
(C) Emotional distress.
(D) Medical anguish.
(E) Disfigurement.
(F) Loss of enjoyment.
(G) Loss of companionship, services, and consortium.
(H) Any other nonpecuniary loss proximately caused by the illegal drug use.
(3) Exemplary damages.
(4) Reasonable attorney's fees.
(5) Court costs, including reasonable expenses for expert testimony.
[Pre-1998 Recodification Citation: 34-1-70-11(c).]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 4. Drug Dealer Liability › 34-24-4-5. Action by Individual Drug User

Sec. 5. (a) Except as provided in this section, an individual drug user may not bring an action for damages caused by the use of an illegal drug.
(b) An individual drug user may bring an action for damages caused by the use of an illegal drug if the individual drug user satisfies all of the following conditions:
(1) At least six (6) months before filing an action, the individual drug user personally discloses to law enforcement officers all of the information known to the individual drug user regarding all the individual drug user's sources of illegal drugs.
(2) The individual drug user does not use an illegal drug within the six (6) months immediately preceding the date the individual drug user files the action.
(3) The individual drug user does not use an illegal drug while the action is pending.
(c) An individual drug user who brings an action under this section (or IC 34-1-70-12 before its repeal) may recover damages only from a person who:
(1) distributed; or
(2) is in the chain of distribution of;
an illegal drug that was used by the individual drug user.
(d) An individual drug user who may bring an action under this section (or IC 34-1-70-12 before its repeal) may recover only the following damages:
(1) Economic damages, including costs for the following:
(A) Treatment and rehabilitation.
(B) Medical expenses.
(C) Loss of economic or educational potential.
(D) Loss of productivity.
(E) Absenteeism.
(F) Accidents or injury.
(G) Any other pecuniary loss proximately caused by the illegal drug use.
(2) Reasonable attorney's fees.
(3) Court costs, including reasonable expenses for expert testimony.
[Pre-1998 Recodification Citation: 34-1-70-12.]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 4. Drug Dealer Liability › 34-24-4-6. Third Party Insurance or Indemnification Prohibited

Sec. 6. A third party may not:
(1) pay damages awarded under this chapter (or IC 34-1-70 before its repeal); or
(2) provide a defense or money for a defense;
on behalf of an insured under a contract of insurance or indemnification.
[Pre-1998 Recodification Citation: 34-1-70-13.]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 4. Drug Dealer Liability › 34-24-4-7. Joinder of Parties and Actions

Sec. 7. (a) Two (2) or more persons may join as plaintiffs in one (1) action under this chapter (or IC 34-1-70 before its repeal) if:
(1) each plaintiff's respective actions have at least one (1) place of illegal drug activity in common; and
(2) any portion of the period of illegal drug use in one (1) plaintiff's action overlaps with the period of illegal drug use for every other plaintiff's action.
(b) Two (2) or more persons may be joined in one (1) action under this chapter (or IC 34-1-70 before its repeal) as defendants if all the persons may be liable to at least one (1) plaintiff.
(c) A plaintiff does not have to be interested in obtaining and a defendant does not have to be interested in defending against all relief demanded under this chapter. Judgment may be given:
(1) for one (1) or more plaintiffs according to each plaintiff's respective rights to relief; and
(2) against one (1) or more defendants according to each defendant's respective liabilities.
[Pre-1998 Recodification Citation: 34-1-70-14.]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 4. Drug Dealer Liability › 34-24-4-8. Comparative Liability of Individual Drug User as Plaintiff

Sec. 8. (a) An action by an individual drug user brought under this chapter (or IC 34-1-70 before its repeal) is governed by the principles of comparative liability under state law. Comparative liability attributed to a plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally according to the measure of responsibility attributed to the plaintiff.
(b) The burden of proving the comparative liability of the plaintiff:
(1) is on the defendant; and
(2) must be shown by clear and convincing evidence.
(c) Comparative liability may not be attributed to a plaintiff who is not an individual drug user.
[Pre-1998 Recodification Citation: 34-1-70-15.]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 4. Drug Dealer Liability › 34-24-4-9. Right of Contribution

Sec. 9. (a) A person who is subject to liability under this chapter (or IC 34-1-70 before its repeal) has a right of action for contribution against another person subject to liability under this chapter (or IC 34-1-70 before its repeal).
(b) Contribution may be enforced in:
(1) the original action; or
(2) a separate action brought for that purpose.
(c) A plaintiff may seek recovery under this chapter and any other applicable law against a person whom a defendant has asserted a right of contribution.
[Pre-1998 Recodification Citation: 34-1-70-16.]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 4. Drug Dealer Liability › 34-24-4-10. Burden of Proof

Sec. 10. (a) Proof of participation in the illegal drug market in an action brought under this chapter (or IC 34-1-70 before its repeal) must be shown by clear and convincing evidence. Unless otherwise provided in this chapter, other elements of an action brought under this chapter must be shown by a preponderance of the evidence.
(b) A person:
(1) against whom recovery is sought; and
(2) who has a criminal conviction under:
(A) a state drug law; or
(B) the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 801 et seq.);
is estopped from denying participation in the illegal drug market.
(c) A conviction described in subsection (b) constitutes prima facie evidence of the person's participation in the illegal drug market during the two (2) years preceding the date of the act that was the basis for the conviction.
(d) Notwithstanding subsection (c), a person may not be prohibited from bringing an action under this chapter (or IC 34-1-70 before its repeal) against another person because the other person has not been convicted of a criminal drug offense.
[Pre-1998 Recodification Citation: 34-1-70-17.]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 4. Drug Dealer Liability › 34-24-4-11. Prejudgment Attachment

Sec. 11. (a) Subject to subsection (c), a plaintiff in an action brought under this chapter may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award. If attachment is instituted, a defendant is entitled to an immediate hearing. Attachment may be lifted if the defendant:
(1) demonstrates that the defendant's assets will be available for a potential award; or
(2) posts a bond in an amount that is sufficient to cover a potential award.
(b) A person against whom a judgment has been rendered under this chapter (or IC 34-1-70 before its repeal) may not exempt any property from process to levy or process to execute on the judgment.
(c) Any assets that are:
(1) sought to satisfy a judgment under this chapter (or IC 34-1-70 before its repeal); and
(2) involved in a forfeiture action or that have been seized for forfeiture by any state or federal agency;
may not be used to satisfy a judgment until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets.
[Pre-1998 Recodification Citation: 34-1-70-18.]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 4. Drug Dealer Liability › 34-24-4-12. Limitation of Actions

Sec. 12. (a) Except as otherwise provided in this section, a claim under this chapter (or IC 34-1-70 before its repeal) may not be brought more than two (2) years after the date the cause of action accrues. A cause of action accrues under this chapter (or IC 34-1-70 before its repeal) when a person who may bring the cause of action has reason to know:
(1) of the harm from illegal drug use that is the basis for the cause of action; and
(2) that the illegal drug use is the cause of the harm.
(b) The statute of limitations under this section is tolled for a:
(1) plaintiff while the individual potential plaintiff is incapacitated by the use of an illegal drug to the extent that the individual cannot reasonably be expected to seek recovery under this chapter (or IC 34-1-70 before its repeal) or as otherwise provided by any other law; and
(2) defendant until six (6) months after the individual potential defendant is convicted of a criminal drug offense or as otherwise provided by law.
[Pre-1998 Recodification Citation: 34-1-70-19.]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 4. Drug Dealer Liability › 34-24-4-13. Attorney General Representing State or Political Subdivision; Stay of Action Pending Investigation or Prosecution

Sec. 13. (a) The attorney general may represent the state or a political subdivision of the state in an action brought under this chapter (or IC 34-1-70 before its repeal).
(b) On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter (or IC 34-1-70 before its repeal) must be stayed until the completion of the drug investigation or prosecution that was the basis for the motion for a stay of the action.
[Pre-1998 Recodification Citation: 34-1-70-20.]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 4. Drug Dealer Liability › 34-24-4-14. Intrafamilial Tort Immunity

Sec. 14. This chapter may not be construed to alter any law regarding tort immunity within a family.
[Pre-1998 Recodification Citation: 34-1-70-21.]
As added by P.L.1-1998, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 5. Civil Fertility Fraud › 34-24-5-1. Definitions

Sec. 1. The following definitions apply throughout this chapter:
(1) "Human reproductive material" means:
(A) a human spermatozoon or ovum; or
(B) a human organism at any stage of development from fertilized ovum to embryo.
(2) "Physician" means a physician licensed under IC 25-22.5.
(3) "Health care provider" has the meaning set forth in IC 34-30-12.5-2.
As added by P.L.215-2019, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 5. Civil Fertility Fraud › 34-24-5-2. Cause of Action for Civil Fertility Fraud by Patient

Sec. 2. A:
(1) woman who gives birth to a child after being treated for infertility by a physician;
(2) spouse of the woman;
(3) surviving spouse of the woman; or
(4) child born as a result of the actions of a physician described in this chapter;
may bring an action against a health care provider who knowingly or intentionally treated the woman for infertility by using the health care provider's own spermatozoon or ovum, without the patient's informed written consent to treatment using the spermatozoon or ovum.
As added by P.L.215-2019, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 5. Civil Fertility Fraud › 34-24-5-3. Cause of Action for Civil Fertility Fraud by Donor

Sec. 3. A donor of human reproductive material may bring an action against a health care provider who:
(1) treats a patient for infertility by using human reproductive material donated by the donor; and
(2) knows or reasonably should have known that the human reproductive material was used:
(A) without the donor's consent; or
(B) in a manner or to an extent other than that to which the donor consented.
As added by P.L.215-2019, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 5. Civil Fertility Fraud › 34-24-5-4. Remedies; Attorney's Fees, Costs, and Liquidated Damages

Sec. 4. A plaintiff who prevails in an action under this chapter is entitled to reasonable attorney's fees, the costs of the fertility treatment (in an action brought under section 2 of this chapter), and:
(1) compensatory and punitive damages; or
(2) liquidated damages of ten thousand dollars ($10,000).
As added by P.L.215-2019, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 5. Civil Fertility Fraud › 34-24-5-5. Separate Causes of Action

Sec. 5. (a) A person who brings an action under section 2 of this chapter has a separate cause of action for each child born as the result of the fraudulent fertility treatment.
(b) A person who brings an action under section 3 of this chapter has a separate cause of action for each individual who received fertility treatment with the donor's human reproductive material.
As added by P.L.215-2019, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 24. Civil Proceedings Related to Criminal Activities › Chapter 5. Civil Fertility Fraud › 34-24-5-6. Other Legal Remedies Not Affected

Sec. 6. Nothing in this chapter may be construed to prohibit a person from pursuing any other remedy provided by law.
As added by P.L.215-2019, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 1. General Provisions Applying to Attachment and Garnishment › 34-25-1-1. Execution of Judgments; Law Governing

Sec. 1. The execution of judgments is governed by IC 34-55.
[1998 Recodification Citation: New.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 1. General Provisions Applying to Attachment and Garnishment › 34-25-1-2. Nonresidents; Personal Earnings or Wages

Sec. 2. Indiana courts do not have and shall not entertain jurisdiction in any action of attachment, garnishment, or supplementary proceeding, when:
(1) the plaintiff and principal defendant are both nonresidents of Indiana; and
(2) the money sought to be reached by the attachment, garnishment, or supplementary proceedings is the personal earnings or wages due or owing to the principal defendant from a person or corporation doing business in Indiana.
[Pre-1998 Recodification Citation: 34-1-11-46.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 1. General Provisions Applying to Attachment and Garnishment › 34-25-1-3. Judgment for Attachment or Garnishment; Service and Venue Requirements

Sec. 3. The plaintiff is not entitled to judgment in an action for attachment or garnishment unless:
(1) the defendant is personally served with process;
(2) the property of the defendant is attached in the county where the action is brought; or
(3) a garnishee is summoned in the county where the action is brought, who is indebted to the defendant, or has possession of property or assets subject to the attachment.
[Pre-1998 Recodification Citation: 34-1-11-7 part.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 1. General Provisions Applying to Attachment and Garnishment › 34-25-1-4. Payment of Costs and Expenses; Proportional Payment of Multiple Creditors; Surplus

Sec. 4. The money realized from the attachment and the garnishees, under the direction of the court, and after paying all costs and expenses, shall be paid to the several creditors in proportion to the amount of their several claims as adjusted. The surplus, if any, shall be paid to the defendant.
[Pre-1998 Recodification Citation: 34-1-11-37.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-1. Attachment of Property at or After Filing Complaint

Sec. 1. (a) At or after the time of filing a complaint, the plaintiff may have an attachment against the property of the defendant, in the cases described in subsection (b) and in the manner described in this chapter.
(b) The plaintiff may attach property when the action is for the recovery of money and the defendant:
(1) is, or one (1) of several defendants is, a foreign corporation or a nonresident of Indiana;
(2) is, or one (1) of several defendants is, secretly leaving or has left Indiana with intent to defraud:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c));
(3) is concealed so that a summons cannot be served upon the defendant;
(4) is removing or about to remove the defendant's property subject to execution, or a material part of the property, outside Indiana, not leaving enough behind to satisfy the plaintiff's claim;
(5) has sold, conveyed, or otherwise disposed of the defendant's property subject to execution, or permitted the property to be sold with the fraudulent intent to cheat, hinder, or delay:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c)); or
(6) is about to sell, convey, or otherwise dispose of the defendant's property subject to execution with the fraudulent intent to cheat, hinder, or delay:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c)).
(c) The plaintiff is entitled to an attachment for the causes mentioned in subsection (b)(2), (b)(4), (b)(5), and (b)(6) whether the cause of action is due or not.
[Pre-1998 Recodification Citation: 34-1-11-1.]
As added by P.L.1-1998, SEC.20. Amended by P.L.176-2009, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-2. Attachment Barred While Debtor's Spouse and Family Reside Within County; Limitation on Debtor's Absence

Sec. 2. (a) Except as provided in subsection (b), an attachment, may not issue against any debtor while the debtor's spouse and family remain settled within the county where the debtor usually resided before the debtor's absence, if the debtor does not remain absent from Indiana more than one (1) year.
(b) This section does not apply if:
(1) the attachment is requested in a cause of action described in section 1(b)(4), 1(b)(5), or 1(b)(6) of this chapter; or
(2) an attempt is made to conceal the debtor's absence.
[Pre-1998 Recodification Citation: 34-1-11-2.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-3. Concealment of Debtor's Absence by Spouse or Family

Sec. 3. If the spouse or family of the debtor:
(1) refuse or are unable to:
(A) account for the debtor's absence; or
(B) indicate the place where the debtor may be found; or
(2) give a false account of the debtor's absence or place where the debtor may be found;
the refusal, inability, or false account is considered an attempt to conceal the debtor's absence for the purposes of this chapter.
[Pre-1998 Recodification Citation: 34-1-11-3.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-4. Plaintiff's Affidavit

Sec. 4. The plaintiff or a person representing the plaintiff shall make an affidavit showing:
(1) the nature of the plaintiff's claim;
(2) that the plaintiff's claim is just;
(3) the amount that the plaintiff ought to recover; and
(4) that one (1) of the grounds for an attachment enumerated in section 1 of this chapter is present.
[Pre-1998 Recodification Citation: 34-1-11-4.1.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-5. Plaintiff's Undertaking

Sec. 5. Except for actions filed by the attorney general under IC 5-11-5-1 or IC 5-11-6-1, the plaintiff or a person representing the plaintiff shall execute a written undertaking, with sufficient surety, to be approved by the clerk, payable to the defendant, to the effect that the plaintiff will:
(1) duly prosecute the proceeding in attachment; and
(2) pay all damages that may be sustained by the defendant if the proceedings of the plaintiff are wrongful and oppressive.
[Pre-1998 Recodification Citation: 34-1-11-5.]
As added by P.L.1-1998, SEC.20. Amended by P.L.176-2009, SEC.23.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-6. Order of Attachment

Sec. 6. Upon the filing of the affidavit and written undertaking in the office of the clerk, the clerk shall issue an order of attachment, which shall be directed and delivered to the sheriff. The order of attachment must require the sheriff to seize and take into possession the property of the defendant in the county that is not exempt from execution.
[Pre-1998 Recodification Citation: 34-1-11-6.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-7. Issuance of Order to Sheriff of Other County; Orders Issued Simultaneously or in Succession; Recovery of Costs

Sec. 7. Orders of attachment may be issued to the sheriff of any other county, and several orders of attachment may, at the option of the plaintiff, be issued at the same time or in succession. Only the costs of orders of attachment that have been executed in whole or in part shall be recovered against the defendant unless otherwise directed by the court.
[Pre-1998 Recodification Citation: 34-1-11-7 part.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-8. Issuance of Execution of Order on Sunday

Sec. 8. An order of attachment may be issued and executed on Sunday, if the plaintiff's affidavit shows that the defendant is about to abscond on that day, to the injury of the plaintiff.
[Pre-1998 Recodification Citation: 34-1-11-8.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-9. Assistance of Householder; Inventory; Appraisement

Sec. 9. The sheriff shall proceed, with the assistance of a disinterested and credible householder of the county, to:
(1) attach the lands, tenements, goods, and chattels of the defendant, subject to execution; and
(2) make an inventory and appraisement of the property described in subdivision (1) and return the inventory and appraisement with the order.
[Pre-1998 Recodification Citation: 34-1-11-9.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-10. Order Becomes Lien on Property

Sec. 10. An order of attachment binds the defendant's property in the county subject to execution and becomes a lien on the property from the time of the delivery of the order to the sheriff, in the same manner as an execution.
[Pre-1998 Recodification Citation: 34-1-11-10.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-11. Order in Which Property Taken; Pursuing Property in Another County

Sec. 11. (a) The sheriff shall first take the defendant's personal property under an attachment.
(b) If the sheriff does not find enough personal property of the defendant to satisfy the plaintiff's claim and costs of the action, then the sheriff shall take the defendant's real estate under attachment.
(c) If any property of the defendant is removed from the county after an order of attachment is placed in the hands of the sheriff, the sheriff may pursue and attach the property in any county within three (3) days after the removal.
[Pre-1998 Recodification Citation: 34-1-11-11.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-12. Undertaking by Defendant or Person Having Possession of Property

Sec. 12. The defendant or other person who has possession of attached property may have the property, or any part of the property, delivered to the defendant or person by executing and delivering to the sheriff a written undertaking, with surety, to be approved by the sheriff, payable to the plaintiff, to the effect that:
(1) the property shall be:
(A) properly kept and taken care of; and
(B) delivered to the sheriff on demand, or so much of the property as may be required to be sold on execution to satisfy any judgment that may be recovered against the defendant or person in the action; or
(2) the defendant or person will pay the appraised value of the property, not exceeding the amount of the judgment and costs.
[Pre-1998 Recodification Citation: 34-1-11-13.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-13. Third Party's Duty to Prosecute Claim

Sec. 13. Whenever any person other than the defendant claims any property attached, the right of property may be tried as in cases of property taken in execution, and the claimant, having notice of the attachment, shall be bound to prosecute the claim as in such cases or be barred of the right.
[Pre-1998 Recodification Citation: 34-1-11-14.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-14. Duty of Defendant or Claimant to Give Information Under Oath

Sec. 14. The defendant or claimant of any attached property may be required by the court to appear and give information, under oath, respecting the property.
[Pre-1998 Recodification Citation: 34-1-11-15.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-15. Lien on Goods Attached in Hands of Consignee

Sec. 15. Goods attached in the hands of a consignee are subject to a lien for any debt due the consignee from the consignor.
[Pre-1998 Recodification Citation: 34-1-11-16.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-16. Undertaking by Defendant; Discharge of Attachment; Restitution of Property

Sec. 16. If the defendant or other person representing the defendant, at any time before judgment, executes a written undertaking to the plaintiff with sufficient surety, to be approved by the court, clerk, or sheriff, to the effect that the defendant will:
(1) appear in the action; and
(2) perform the judgment of the court;
the attachment shall be discharged and restitution made of any property taken under the attachment or the proceeds of the property.
[Pre-1998 Recodification Citation: 34-1-11-17.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-17. Property That Is Perishable or Expensive to Keep; Procedure for Sale at Public Auction

Sec. 17. When attached personal property is perishable in nature or expensive to keep, the court may direct the sheriff to sell the property at public auction upon reasonable notice. If the property is liable to immediate damage, the sheriff may sell the property by giving ten (10) days notice, without an order of court, and the proceeds of all sales shall be deposited with the clerk.
[Pre-1998 Recodification Citation: 34-1-11-18.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-18. Allowance of Sheriff's Expenses of Keeping Attached Property

Sec. 18. The sheriff shall be allowed by the court the necessary expenses of keeping the attached property, to be paid by the plaintiff and taxed in the costs.
[Pre-1998 Recodification Citation: 34-1-11-19.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-19. Effect of Dismissal by First Attaching Creditor

Sec. 19. (a) This section applies when the first attaching creditor dismisses the action or proceedings in attachment.
(b) A dismissal described in subsection (a) does not operate as a dismissal of the action or proceedings of any subsequent attaching creditor.
[Pre-1998 Recodification Citation: 34-1-11-32.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-20. Motion for Discharge and Restitution; Undertaking; Judgment for Plaintiff

Sec. 20. (a) After appearing in the action, a defendant against whom an order of attachment has been issued may move to have:
(1) the attachment discharged; and
(2) restitution awarded for any property taken under the attachment.
(b) An appearance in the action may not operate to discharge the attachment unless the defendant files a written undertaking as required in section 16 of this chapter.
(c) If:
(1) the defendant appears in the action;
(2) judgment is rendered in favor of the plaintiff; and
(3) part of the judgment remains unsatisfied after exhausting the property attached;
the judgment is considered a judgment against the defendant personally.
(d) A judgment described in subsection (c) has the same force and effect as other judgments, and execution shall issue on the judgment accordingly for the collection of the residue.
(e) If the plaintiff's undertaking is insufficient, the plaintiff is entitled to a reasonable time to file an additional undertaking.
[Pre-1998 Recodification Citation: 34-1-11-33.]
As added by P.L.1-1998, SEC.20.