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INDIANA STATUTES AND CODES

CHAPTER 8. LIMITATIONS ON NEW ACTION AFTER FAILURE OF ORIGINAL SUIT

IC 34-11-8
     Chapter 8. Limitations on New Action After Failure of Original Suit

IC 34-11-8-1
New actions; 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.
As added by P.L.1-1998, SEC.6. Amended by P.L.2-2005, SEC.113.

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