Sec. 16. A nonparty defense that is known by the
defendant when the defendant files the defendant's first answer shall be
pleaded as a part of the first answer. A defendant who gains actual
knowledge of a nonparty defense after the filing of an answer may
plead the defense with reasonable promptness. However, if the
defendant was served with a complaint and summons more than one
hundred fifty (150) days before the expiration of the limitation of action
applicable to the claimant's claim against the nonparty, the defendant
shall plead any nonparty defense not later than forty-five (45) days
before the expiration of that limitation of action. The trial court may
alter these time limitations or make other suitable time limitations in
any manner that is consistent with:
(1) giving the defendant a reasonable opportunity to discover the
existence of a nonparty defense; and
(2) giving the claimant a reasonable opportunity to add the
nonparty as an additional defendant to the action before the
expiration of the period of limitation applicable to the claim.
[Pre-1998 Recodification Citation: 34-4-33-10(c).]
As added by P.L.1-1998, SEC.47.
Notes of Decisions
Owens Corning Fiberglass Corp. v. Cobb, 754 N.E.2d 905 (Ind. 2001).
· cites it 12× “The language of Indiana Code § 34-4-38-10(c) (now Indiana Code § 34-51-2-16) states that, "[a] defendant who gains actual knowledge of a nonparty defense after the filing of an answer may plead the defense with reasonable promptness.”
McClain v. Chem-Lube Corp., 759 N.E.2d 1096 (Ind. Ct. App. 2001).
· cites it 10× “An amendment of a pleading to assert a nonparty defense is governed by Ind.Code § 34-51-2-16, which states as follows: A nonparty defense that is known by the defendant when the defendant files the defendant's first answer shall be pleaded as a part of the first answer.”
USF Holland, Inc. v. Radogno, Cameli, & Hoag, P.C., 2014 IL App (1st) 131727, 24 N.E.3d 97.
· cites it 14× “Ind. Code Ann. § 34-51-2-16 (West 2004). Thus, Keppen's motion argued that "under either Illinois or Indiana law, a non-party defense is untimely, and not allowed.”
Adam Nagel & Emily Nagel v. N. Indiana Pub. Serv. Co., 26 N.E.3d 30 (Ind. Ct. App. 2015).
· cites it 2× “I.C. § 34-51-2-16. When service of a complaint occurs more than 150 days before the expiration of the statute of limitations, this statute “strikes a balance between providing a reasonable opportunity to the defendant to discover and assert a nonparty defense and providing a…”
USF Holland, Inc. v. Radogno, Cameli, & Hoag, P.C., 2014 IL App (1st) 131727.
· cites it 11× “Ind. Code Ann. § 34-51-2-16 (West 2004). Thus, Keppen’s motion argued that “under either Illinois or Indiana law, a non-party defense is untimely, and not allowed.”
Owens Corning Fiberglas Corp. v. Cobb, 714 N.E.2d 295 (Ind. Ct. App. 1999).
· cites it 3× “CODE § 34-51-2-16 in 1998. [5] The record does not contain an order ruling on OC's motion to strike Cobb's punitive damage prayers and claims; because Cobb was awarded punitive damages, we can only presume that the trial court denied OC's motion.”
Witte v. M.M. Ex Rel. Mundy, 800 N.E.2d 185 (Ind. Ct. App. 2003).
· cites it 4× “Ind.Code § 34-51-2-16. Otherwise, the defense is to be asserted with "reasonable promptness.”
Indiana Farm Bureau Ins. v. Electrolux Home Prods., Inc, No. 4:19-cv-00050 (S.D. Ind. Dec. 31, 2019).
· cites it 8× “of the CMP supplants the deadline for motions to amend the pleadings and the requirements of Ind. Code § 34-51-2-16 ,2 which prescribes the time by which a defendant must plead a nonparty defense.”
Jones v. The Kaplan Trucking Co., No. 4:17-cv-00022 (N.D. Ind. Oct. 24, 2019).
· cites it 6× “Under Ind. Code § 34-51-2-16 , a “nonparty defense that is known by the defendant when the defendant files the defendant's first answer shall be pleaded as a part of the first answer.”
Ind. Code § 34-51-2-16(1): 2 cases
Owens Corning Fiberglass Corp. v. Cobb, 754 N.E.2d 905 (Ind. 2001).
“The language of Indiana Code § 34-4-38-10(c) (now Indiana Code § 34-51-2-16) states that, "[a] defendant who gains actual knowledge of a nonparty defense after the filing of an answer may plead the defense with reasonable promptness.”
Ind. Code § 34-51-2-16(1)(2): 1 case
McClain v. Chem-Lube Corp., 759 N.E.2d 1096 (Ind. Ct. App. 2001).
“An amendment of a pleading to assert a nonparty defense is governed by Ind.Code § 34-51-2-16, which states as follows: A nonparty defense that is known by the defendant when the defendant files the defendant's first answer shall be pleaded as a part of the first answer.”
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