§ 34-11-8-1 New action; continuation of action

Codes > Indiana Code > Title 34 > Article 11 : Chapter 8 > 34-11-8-1 New

34-11-8-1 New action; continuation of action

    Sec. 1. (a) This section applies if a plaintiff commences an action and:

        (1) the plaintiff fails in the action from any cause except negligence in the prosecution of the action;

        (2) the action abates or is defeated by the death of a party; or

        (3) a judgment is arrested or reversed on appeal.

    (b) If subsection (a) applies, a new action may be brought not later than the later of:

        (1) three (3) years after the date of the determination under subsection (a); or

        (2) the last date an action could have been commenced under the statute of limitations governing the original action;
and be considered a continuation of the original action commenced by the plaintiff.