Ind. Code § 34-51-4-5

Applicability of chapter upon timely offer of settlement by defendants

Applied in 4 court decisions — leading case Cahoon v. Cummings (2000)

Most recently applied in River Ridge Development Authority v. Outfront Media, LLC, David Watkins, No Moore, Inc., The Schlosser Family Limited Partnership, The Town of Utica, and the Utica Board of Zoning Appeals (July 2019)

As added by P.L.1-1998, SEC.47.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 5. This chapter does not apply if:

(1) within nine (9) months after a claim is filed in the court, or any longer period determined by the court to be necessary upon a showing of good cause, one (1) or more of the parties against whom the claim is filed makes a written offer of settlement to the party receiving a judgment;

(2) the terms of the offer include payment within sixty (60) days after the offer is accepted; and

(3) the amount of the offer is at least two-thirds (2/3) of the amount of the judgment award.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.