Sec. 3. (a) If an action commenced against the decedent before the decedent’s death, the action is continued by substituting the decedent’s personal representatives, as in other actions surviving the defendant‘s death.

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Terms Used In Indiana Code 34-9-3-3

  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
     (b) If the action is brought after the death of a defendant, then the action is prosecuted as are other claims against the decedent’s estate.

[Pre-1998 Recodification Citation: 34-1-1-1(c).]

As added by P.L.1-1998, SEC.4.