Indiana Code 32-24-1-14. Costs of proceedings; litigation expenses
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Sec. 14. (a) Except as provided in subsection (b), the plaintiff shall pay the costs of the proceedings.
(1) twenty-five thousand dollars ($25,000); or
(b) If there is a trial, the additional costs caused by the trial shall be paid as ordered by the court. However, if there is a trial and the amount of damages awarded to the defendant by the judgment, exclusive of interest and costs, is greater than the amount specified in the last offer of settlement made by the plaintiff under section 12 of this chapter, the court shall allow the defendant the defendant’s litigation expenses, including reasonable attorney‘s fees, in an amount not to exceed the lesser of:
Terms Used In Indiana Code 32-24-1-14
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) the fair market value of the defendant’s property or easement as determined under this chapter.
[Pre-2002 Recodification Citation: 32-11-1-10.]
As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.12.