Indiana Code
Ind. Code § 34-13-3-12 (2026)
Notice requirements; service
✓ current as of May 2026
Sec. 12. The notices required by sections 6, 8, 9, and 11 of this chapter must be in writing and must be delivered in person or by registered or certified mail.
[Pre-1998 Recodification Citation: 34-4-16.5-11.]
As added by P.L.1-1998, SEC.8.
Notes of Decisions
Cited in 16
cases (5 in the last 5 years), 2007–2025 · leading case: Snyder v. Town of Yorktown, 20 N.E.3d 545 (Ind. Ct. App. 2014).
Snyder v. Town of Yorktown, 20 N.E.3d 545 (Ind. Ct. App. 2014). “ITCA provides that the notice must describe in a short and plain statement the facts on which the claim is based and must include the circumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved if…”
John W. Schoettmer & Karen Schoettmer v. Jolene C. Wright & South Cent. Cmty. Action Prog., Inc., 971 N.E.2d 118 (Ind. Ct. App. 2012). “Ind. Code § 34-13-3-12 . 4 Compliance with the notice provisions of the ITCA is a procedural precedent the plaintiff must prove and the trial court must determine prior to trial.”
Town of Knightstown v. Dudley Wainscott, 70 N.E.3d 450 (Ind. Ct. App. 2017). “The notice “must describe in a short and plain statement the facts on which the claim is based,” including “the circumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved if known, the amount of the…”
Coleman v. Clark, 322 F. Supp. 3d 1 (D.C. Cir. 2018). “Compare Ind. Code § 34-13-3-12 (requiring notice to "be in writing"), with D.”
Susan F. McCall v. City of Washington (mem. dec.) (Ind. Ct. App. 2016). “Ind. Code § 34-13-3-12 (1998). Not all failures to comply with the requirements of these statutes, however, have proven fatal to a claim; in certain cases non-compliance has been excused based on theories of substantial compliance, waiver, and estoppel.”
Randy Chariton, on behalf of himself & all others similarly situated v. City of Hammond, Indiana Bd. of Pub. Works & Saf. (mem. dec.) (Ind. Ct. App. 2020). “The notice required under the ITCA “must describe in a short and plain statement the facts on which the claim is based,” including: the circumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved if…”
Shannon Murphy v. Indiana State Univ. & Nick D. Pledger (Ind. Ct. App. 2020). “I.C. § 34-13-3-12. The parties do not argue that Murphy’s notice failed to contain the proper information; rather, the parties’ arguments focus on Murphy’s failure to notify the proper parties of her claim.”
Hajduch v. Ivy Tech Cmty. Coll. (N.D. Ind. 2019). “) It is undisputed that Plaintiff did not provide written notice to the governing body of Ivy Tech or to the Indiana Political Subdivision Risk Management Commission.”
Bauer v. Vanderborg (N.D. Ind. 2023). “Ind. Code § 34-13-3-12 . Compliance with the notice provisions of the ITCA is a procedural precedent.”
Bray v. Shiparski (N.D. Ind. 2024). “Ind. Code § 34-13-3-12 . Michigan City is a political subdivision entitled to notice of tort claims.”
Goff v. Vigo Cnty. Police Officer (S.D. Ind. 2022). “Code § 34-13-3-10 , and be in writing and delivered in person or by registered or certified mail, Ind. Code § 34-13-3-12 . "The notice provision [of the ITCA] is .”
Pavey v. Reagle (N.D. Ind. 2025). “” Ind. Code § 34-13-3-12 . Leonard insisted that Pavey could just put the notice in the counselor’s box and it would get to Warden Neal.”
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