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Ind. Code § 34-58-1-3

Order if claim barred

Applied in 6 court decisions — leading case Smith v. Huckins (2006)

Most recently applied in Taylor v. Finnan (October 2011)

As added by P.L.80-2004, SEC.6.

How often courts cite this section

20062010201140
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. 3. If a court determines that a claim may not proceed under section 2 of this chapter, the court shall enter an order:

(1) explaining why the claim may not proceed; and

(2) stating whether there are any remaining claims in the complaint or petition that may proceed.

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