Indiana Code 34-13-3-21. Attorney’s fees; allowance to governmental entity; action for abuse of process
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Sec. 21. In any action brought against a governmental entity in tort, the court may allow attorney‘s fees as part of the costs to the governmental entity prevailing as defendant, if the court finds that plaintiff:
(2) continued to litigate the action after plaintiff’s claim clearly became frivolous, unreasonable, or groundless; or
(1) brought the action on a claim that is frivolous, unreasonable, or groundless;
Terms Used In Indiana Code 34-13-3-21
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(3) litigated its action in bad faith.
This award of fees does not prevent a governmental entity from bringing an action against the plaintiff for abuse of process arising in whole or in part on the same facts, but the defendant may not recover such attorney’s fees twice.
[Pre-1998 Recodification Citation: 34-4-16.5-19.]
As added by P.L.1-1998, SEC.8.