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.