Sec. 3. (a) This section applies when:

(1) an action is brought against two (2) or more defendants upon a contract; and

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Terms Used In Indiana Code 34-22-1-3

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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) at least one (1) or more of the defendants is a surety for the others.

     (b) The surety may, upon a written complaint to the court, cause the question of suretyship to be tried and determined, upon the issue made by the parties at:

(1) the trial of the cause; or

(2) any time before or after the trial.

     (c) Proceedings described in subsection (b) do not affect the proceedings of the plaintiff.

[Pre-1998 Recodification Citation: 34-1-55-3.]

As added by P.L.1-1998, SEC.17.