Indiana § 34-13-3-21 Attorney's fees; allowance to governmental entity; action for abuse of
process

Indiana Statutes

§ 34-13-3-21 — Attorney's fees; allowance to governmental entity; action for abuse of process

Indiana § 34-13-3-21

Title 34CIVIL LAW AND PROCEDURE

Art. 13CAUSES OF ACTION: CLAIMS AGAINST THE

Ch. 3Tort Claims Against Governmental Entities and Public

This text of Indiana § 34-13-3-21 (Attorney's fees; allowance to governmental entity; action for abuse of process) 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 § 34-13-3-21 (2026).

Text

In any action brought against a governmental entity in tort, the court may allow attorney's fees as part of the costs to the governmental entity prevailing as defendant, if the court finds that plaintiff:

(1)brought the action on a claim that is frivolous, unreasonable, or groundless;

(2)continued to litigate the action after plaintiff's claim clearly became frivolous, unreasonable, or groundless; or

(3)litigated its action in bad faith. This award of fees does not prevent a governmental entity from bringing an action against the plaintiff for abuse of process arising in whole or in part on the same facts, but the defendant may not recover such attorney's fees twice. [Pre-1998 Recodification Citation: 34-4-16.5-19.]

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In any action brought against a governmental
entity in tort, the court may allow attorney's fees as part of the costs to
the governmental entity prevailing as defendant, if the court finds that
plaintiff:
(1) brought the action on a claim that is frivolous, unreasonable,
or groundless;
(2) continued to litigate the action after plaintiff's claim clearly
became frivolous, unreasonable, or groundless; or
(3) litigated its action in bad faith.
This award of fees does not prevent a governmental entity from
bringing an action against the plaintiff for abuse of process arising in
whole or in part on the same facts, but the defendant may not recover
such attorney's fees twice.
[Pre-1998 Recodification Citation: 34-4-16.5-19.]