Indiana Code 34-25-2-5. Plaintiff’s undertaking
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Sec. 5. Except for actions filed by the attorney general under IC 5-11-5-1 or IC 5-11-6-1, the plaintiff or a person representing the plaintiff shall execute a written undertaking, with sufficient surety, to be approved by the clerk, payable to the defendant, to the effect that the plaintiff will:
(2) pay all damages that may be sustained by the defendant if the proceedings of the plaintiff are wrongful and oppressive.
(1) duly prosecute the proceeding in attachment; and
Terms Used In Indiana Code 34-25-2-5
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. 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.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
[Pre-1998 Recodification Citation: 34-1-11-5.]
As added by P.L.1-1998, SEC.20. Amended by P.L.176-2009, SEC.23.