Indiana Statutes

§ 34-52-1-1 — General recovery rule

Indiana § 34-52-1-1
JurisdictionIndiana
Title 34CIVIL LAW AND PROCEDURE
Art. 52COSTS
Ch. 1Recovery of Costs by a Party

This text of Indiana § 34-52-1-1 (General recovery rule) 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 § 34-52-1-1 (2026).

Text

(a)In all civil actions, the party recovering judgment shall recover costs, except in those cases in which a different provision is made by law.
(b)In any civil action, the court may award attorney's fees as part of the cost to the prevailing party, if the court finds that either party:
(1)brought the action or defense on a claim or defense that is frivolous, unreasonable, or groundless;
(2)continued to litigate the action or defense after the party's claim or defense clearly became frivolous, unreasonable, or groundless; or
(3)litigated the action in bad faith.
(c)The award of fees under subsection (b) does not prevent a prevailing party from bringing an action against another party for abuse of process arising in any part on the same facts. However, the prevailing party may not rec

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Parks v. Madison County
783 N.E.2d 711 (Indiana Court of Appeals, 2002)
40 case citations
Tracy v. Morell
948 N.E.2d 855 (Indiana Court of Appeals, 2011)
28 case citations
Wolfe v. Eagle Ridge Holding Co., LLC.
869 N.E.2d 521 (Indiana Court of Appeals, 2007)
14 case citations
In Re Paternity of KH
709 N.E.2d 1033 (Indiana Court of Appeals, 1999)
12 case citations
Garza v. Lorch
705 N.E.2d 468 (Indiana Court of Appeals, 1998)
9 case citations
Williamson v. Williamson
714 N.E.2d 1270 (Indiana Court of Appeals, 1999)
9 case citations
In Re Visitation of AR
723 N.E.2d 476 (Indiana Court of Appeals, 2000)
8 case citations
C.H. v. A.R.
72 N.E.3d 996 (Indiana Court of Appeals, 2017)
6 case citations
Indiana High School Athletic Ass'n v. Schafer
913 N.E.2d 789 (Indiana Court of Appeals, 2009)
6 case citations
Reuille v. E.E. Brandenberger Construction, Inc.
873 N.E.2d 116 (Indiana Court of Appeals, 2007)
6 case citations
Metropolitan Development Commission of Marion County v. Pinnacle Media, LLC
811 N.E.2d 404 (Indiana Court of Appeals, 2004)
4 case citations
Wiley v. McShane
875 N.E.2d 273 (Indiana Court of Appeals, 2007)
4 case citations
Gaw v. Gaw
822 N.E.2d 188 (Indiana Court of Appeals, 2005)
3 case citations
Golden Years Homestead, Inc. v. Buckland
466 F. Supp. 2d 1059 (S.D. Indiana, 2006)
3 case citations
Branham Corp. v. Newland Resources, LLC
17 N.E.3d 979 (Indiana Court of Appeals, 2014)
3 case citations
Stoller v. Totton
833 N.E.2d 53 (Indiana Court of Appeals, 2005)
1 case citations
Nash v. Howell
709 N.E.2d 1033 (Indiana Court of Appeals, 1999)
1 case citations

Legislative History

As added by P.L.1-1998, SEC.48.

Nearby Sections

15
View on official source ↗

Cite This Page — Counsel Stack

Bluebook (online)
Indiana § 34-52-1-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/34-52-1-1.