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

Indiana Statutes

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

Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 11 LIMITATION OF ACTIONS·Ch. 8 Limitations on New Action After Failure of Original Suit

(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.]

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