Sec. 5. (a) In a civil proceeding in which a plaintiff enters into a commercial litigation financing agreement, the contents of the commercial litigation financing agreement are subject to discovery under the Indiana Rules of Trial Procedure by:

(1) a party other than the plaintiff; or

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Terms Used In Indiana Code 24-12-11-5

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) an insurer that has a duty to defend another party in the civil proceeding.

     (b) In a civil proceeding in which a plaintiff enters into a commercial litigation financing agreement that is directly or indirectly financed by a foreign person, the plaintiff or the plaintiff’s attorney shall provide to:

(1) each of the other parties in the civil proceeding; and

(2) each insurer that has a duty to defend another party in the civil proceeding;

written notice that the plaintiff has entered into a commercial litigation financing agreement.

     (c) A plaintiff or the plaintiff’s attorney shall provide the written notice required by subsection (b) within a reasonable time after the date on which the commercial litigation financing agreement was executed.

As added by P.L.140-2024, SEC.2.