Indiana § 34-11-8-1 New actions; continuation of action

Indiana Statutes

§ 34-11-8-1 — New actions; continuation of action

Indiana § 34-11-8-1

Title 34CIVIL LAW AND PROCEDURE

Art. 11LIMITATION OF ACTIONS

Ch. 8Limitations on New Action After Failure of Original Suit

This text of Indiana § 34-11-8-1 (New actions; continuation of action) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 34-11-8-1 (2026).

Text

(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.]

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(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.]