Indiana Statutes
§ 34-12-3-4 — Fees and costs awarded for groundless actions
Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 12 PROHIBITED CAUSES OF ACTION·Ch. 3 Legal Actions Involving Firearms and Ammunition
(a)If a court finds that a party has brought an
action under a theory of recovery described in section 3(1) or 3(2) of
this chapter, the finding constitutes conclusive evidence that the action
is groundless. If a court makes a finding under this section, the court
shall dismiss the claims or action and award to the defendant any
reasonable attorney's fee and costs incurred in defending the claims or
action.
(b)If:
(1)a party has brought an action under a theory of recovery
described in section 3(1) or 3(2) of this chapter;
(2)the action commenced on or before August 27, 1999; and
(3)the action is dismissed;
no award for attorney's fees or costs incurred shall issue to the plaintiff
or the defendant.
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Related
JOHNSON v. WEV WORKS, LLC D/B/A ROAM
(S.D. Indiana, 2024)
Legislative History
As added by P.L.19-2001, SEC.1. Amended by P.L.106-2015,
SEC.5.
Nearby Sections
15
§ 34-10-1-2
Assignment of attorney§ 34-10-1-3
Filing of claim by an offender with three prior actions dismissed as
frivolous; exception§ 34-10-2-1
Application of chapter§ 34-10-2-2
Annulment of order§ 34-11-2-1
Employment related actions§ 34-11-2-10
Enforcement of child support obligations§ 34-11-2-10.5
Employment related action by volunteer firefighter or member of
volunteer emergency medical services association§ 34-11-2-11
Written contract actions§ 34-11-2-11.5
Recovery of certain costs§ 34-11-2-13
Foreign country judgment