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
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.
