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.