Indiana Code 34-12-3-4. Fees and costs awarded for groundless actions
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Sec. 4. (a) If a court finds that a party has brought an action under a theory of recovery described in section 3(1) or 3(2) of this chapter, the finding constitutes conclusive evidence that the action is groundless. If a court makes a finding under this section, the court shall dismiss the claims or action and award to the defendant any reasonable attorney‘s fee and costs incurred in defending the claims or action.
(1) a party has brought an action under a theory of recovery described in section 3(1) or 3(2) of this chapter;
(b) If:
Terms Used In Indiana Code 34-12-3-4
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(2) the action commenced on or before August 27, 1999; and
(3) the action is dismissed;
no award for attorney’s fees or costs incurred shall issue to the plaintiff or the defendant.
As added by P.L.19-2001, SEC.1. Amended by P.L.106-2015, SEC.5.