2021 Indiana Code
Title 34. Civil Law and Procedure
Article 11. Limitation of Actions
Chapter 8. Limitations on New Action After Failure of Original Suit
34-11-8-1. New Actions; Continuation of Action

Universal Citation: IN Code § 34-11-8-1 (2021)

Sec. 1. (a) This section applies if a plaintiff commences an action and:

(1) the plaintiff fails in the action from any cause except negligence in the prosecution of the action;

(2) the action abates or is defeated by the death of a party; or

(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.

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