Section 34-11-8-1 - New actions; continuation of action(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.
Pre-1998 Recodification Citation: 34-1-2-8.
As added by P.L. 1-1998, SEC.6. Amended by P.L. 2-2005, SEC.113.