Sec. 3. (a) This section applies when:
(1) an action is brought against two (2) or more defendants upon a contract; and
(2) at least one (1) or more of the defendants is a surety for the others.
(b) The surety may, upon a written complaint to the court, cause the question of suretyship to be tried and determined, upon the issue made by the parties at:
(1) the trial of the cause; or
(2) any time before or after the trial.
(c) Proceedings described in subsection (b) do not affect the proceedings of the plaintiff.
[Pre-1998 Recodification Citation: 34-1-55-3.]
As added by P.L.1-1998, SEC.17.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 22. Causes of Action: Surety's Remedies Against Principal
Chapter 1. Remedies of Sureties Against Their Principals
34-22-1-2. Discharge of Surety
34-22-1-3. Trial on Issue of Suretyship; Two or More Defendants
34-22-1-4. Order of Levy Upon Property of Principal and Surety
34-22-1-5. Judgment Remaining in Force for Use of Surety or Other Person Making Payment
34-22-1-6. Remedies Against Codefendants and Cosureties
34-22-1-7. When Confessed Judgment or Default Judgment by Surety Not Permitted