Indiana Code 34-11-8-1. New actions; continuation of action
Current as of: 2024 | Check for updates
|
Other versions
Sec. 1. (a) This section applies if a plaintiff commences an action and:
(2) the action abates or is defeated by the death of a party; or
(1) the plaintiff fails in the action from any cause except negligence in the prosecution of the action;
Terms Used In Indiana Code 34-11-8-1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(3) a judgment is arrested or reversed on appeal.
(b) If subsection (a) applies, a new action may be brought not later than the later of:
(1) three (3) years after the date of the determination under subsection (a); or
(2) the last date an action could have been commenced under the statute of limitations governing the original action;
and be considered a continuation of the original action commenced by the plaintiff.
[Pre-1998 Recodification Citation: 34-1-2-8.]
As added by P.L.1-1998, SEC.6. Amended by P.L.2-2005, SEC.113.