§ 34-51-2-16 — Nonparty defense; pleadings

A nonparty defense that is known by the
defendant when the defendant files the defendant's first answer shall be
pleaded as a part of the first answer. A defendant who gains actual
knowledge of a nonparty defense after the filing of an answer may
plead the defense with reasonable promptness. However, if the
defendant was served with a complaint and summons more than one
hundred fifty (150) days before the expiration of the limitation of action
applicable to the claimant's claim against the nonparty, the defendant
shall plead any nonparty defense not later than forty-five (45) days
before the expiration of that limitation of action. The trial court may
alter these time limitations or make other suitable time limitations in
any manner that is consistent with:
(1) giving the defendant a reasonable opportunity to discover the
existence of a nonparty defense; and
(2) giving the claimant a reasonable opportunity to add the
nonparty as an additional defendant to the action before the
expiration of the period of limitation applicable to the claim.
[Pre-1998 Recodification Citation: 34-4-33-10(c).]

Legislative History

As added by P.L.1-1998, SEC.47.