§ 34-22-1-3 Trial on issue of suretyship; two or more defendants

Codes > Indiana Code > Title 34 > Article 22 : Chapter 1 > 34-22-1-3 Trial

34-22-1-3 Trial on issue of suretyship; two or more defendants

    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.