Indiana Code
Ind. Code § 34-58-2-1 (2026)
Repealed
✓ current as of May 2026
As added by P.L.80-2004, SEC.6. Repealed by P.L.128-2009, SEC.4.
IC 34-59ARTICLE 59. UNIFORM UNSWORN FOREIGN
DECLARATIONS ACT
Ch. 1.Uniform Unsworn Foreign Declarations Act
IC 34-59-1Chapter 1. Uniform Unsworn Foreign Declarations Act
34-59-1-1Application
34-59-1-2"Boundaries of the United States"
34-59-1-3"Law"
34-59-1-4"Record"
34-59-1-5"Sign"
34-59-1-6"State"
34-59-1-7"Sworn declaration"
34-59-1-8"Unsworn declaration"
34-59-1-9Effect of unsworn declaration; application
34-59-1-10Unsworn declaration; type of medium
34-59-1-11Unsworn declaration; form
34-59-1-12Consideration for uniformity of the law
34-59-1-13Electronic signatures; electronic delivery
Notes of Decisions
Cited in 17
cases (1 in the last 5 years), 2006–2022 · leading case: Smith v. Indiana Dep't of Corr., 853 N.E.2d 127 (Ind. Ct. App. 2006).
Smith v. Indiana Dep't of Corr., 853 N.E.2d 127 (Ind. Ct. App. 2006). “Smith, an inmate at the Maximum Control Facility at Westville Correctional Center, appeals the trial court’s dismissal of his complaint pursuant to Indiana Code § 34-58-2-1, which provides that if an offender has filed at least three civil actions in which a state court has…”
Smith v. Indiana Dep't of Corr., 883 N.E.2d 802 (Ind. 2008). “2006) ("Given the General Assembly's balancing of an offender's right to bring a civil action with the heavy burden that those suits have placed on our judicial system, Indiana Code § 34-58-2-1 does not unreasonably deny offenders the right of access to the courts and is…”
Smith v. Huckins, 850 N.E.2d 480 (Ind. Ct. App. 2006). “In addition, Indiana Code § 34-58-2-1 provides, "If an offender has filed at least *483 three (8) civil actions in which a state court has dismissed the action or a claim under IC 34-58-1-2, the offender may not file a new complaint or petition unless a court determines that the…”
Higgason v. Indiana Dep't of Corr., 864 N.E.2d 1133 (Ind. Ct. App. 2007). “ISSUE Higgason raises two issues on appeal, which we restate as the following single issue: Whether, pursuant to Ind.Code § 34-58-2-1, the trial court properly dismissed Higgason’s claim against the DOC.”
Smith v. Donahue, 907 N.E.2d 553 (Ind. Ct. App. 2009). “See Ind.Code § 34-58-2-1. In October 2007, Smith filed a notice of appeal.”
Higgason v. Indiana Dep't of Corr., 858 N.E.2d 254 (Ind. Ct. App. 2006). “Specifically, Higgason contends that Indiana Code § 34-58-2-1 is unconstitutional and that the legislative and judicial branches of this State are conspiring to quash all offender litigation.”
Higgason v. Indiana Dep't of Corr., 883 N.E.2d 814 (Ind. 2008). “The trial court dismissed Higgason's claim under Indiana's Three Strikes Law, Indiana Code § 34-58-2-1 (West Supp. 2007), finding that Higgason was barred from bringing a claim because he had filed three previous frivolous suits and was not in immediate danger of serious bodily…”
Smith v. Maximum Control Facility, 850 N.E.2d 476 (Ind. Ct. App. 2006). “We therefore conclude that the trial court erred in dismissing Smith's com 6 We also address the restrictions the trial court placed upon him pursuant to Indiana Code § 34-58-2-1. Specifically, Indiana Code § 84-58-2-1 provides, "If an offender has filed at least three (8) civil…”
Smith v. Wal-Mart Stores East, LP, 853 N.E.2d 478 (Ind. Ct. App. 2006). “These five statutes — specifically, Indiana Code §§ 34-58-1-1 to -4 and Indiana Code § 34-58-2-1— apply to causes of action filed after June 30, 2004.”
Smith v. McKee, 850 N.E.2d 471 (Ind. Ct. App. 2006). “Huckins, we affirmed the restrictions the trial court placed upon Smith pursuant to Indiana Code § 34-58-2-1. Specifically, Indiana Code § 34-58-2-1 provides, "If an offender has filed at least three (8) civil actions in which a state court has dismissed the action or a claim…”
Higgason v. Indiana Dep't of Corr., 883 N.E.2d 812 (Ind. 2008). “The trial court dismissed Higgason's claim under Indiana's Three Strikes Law, Indiana Code § 34-58-2-1 (West Supp. 2007), finding that Higgason was barred from bringing a claim because he had filed three previous frivolous suits and was not in immediate danger of serious bodily…”
Smith v. Carrasco, 850 N.E.2d 468 (Ind. Ct. App. 2006). “Huckins, we affirmed the restrictions the trial court placed upon Smith pursuant to Indiana Code § 34-58-2-1. Specifically, Indiana Code § 34-58-2-1 provides, "If an offender has filed at least three (8) civil actions in which a state court has dismissed the action or a claim…”
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