Indiana Statutes
§ 34-52-1-1 — General recovery rule
(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
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Legislative History
As added by P.L.1-1998, SEC.48.
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