Indiana Condition of Limitation Clause

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US-OL14014
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This office lease clause is a standard condition of limitation language dealing with issues of tenant defaults in fulfilling any of the covenants of the lease.

The Indiana Condition of Limitation Clause, also referred to as the Statute of Limitations in Indiana, is a legal provision that sets a specific time limit within which legal action can be initiated for various types of civil and criminal cases. This clause establishes the timeframe during which a plaintiff must file a lawsuit or pursue a legal claim, failing which their right to seek legal remedy may be barred. In Indiana, the Condition of Limitation Clause serves as a critical aspect of the justice system, aiming to ensure fairness and efficiency in legal proceedings while honoring the principle of timely initiation of legal action. By imposing time restrictions, it also safeguards defendants from being subjected to stale claims that may prove challenging to defend due to the passage of time. Different types of Indiana Condition of Limitation Clauses apply to distinct categories of legal actions, with varying timeframes. It is crucial for individuals and legal practitioners to understand these limitations to ensure their rights are protected within the prescribed timelines. Some key types of Indiana Condition of Limitation Clauses include: 1. Personal Injury Claims: In Indiana, personal injury claims must generally be filed within two years from the date of the injury or accident. This category encompasses claims arising from automobile accidents, slip and falls, medical malpractice, product liability, and more. 2. Breach of Contract Claims: Contractual disputes fall under this category, and Indiana provides a six-year window within which a claimant must file a lawsuit for breach of contract. This timeframe typically starts from the date when the breach occurred or when it should have reasonably been discovered. 3. Property Damage Claims: When seeking compensation for property damage, such as property defects, trespassing, or negligence, Indiana allows a claimant to file a lawsuit within six years from the date when the damage occurred or when it should have reasonably been discovered. 4. Fraud or Defamation Claims: Fraudulent or defamatory acts are subject to a two-year statute of limitations in Indiana. This includes cases of intentional misrepresentation, fraud, libel, slander, or any other statements damaging to a person's reputation. 5. Criminal Actions: Criminal offenses have their set of limitations within which the state must initiate legal proceedings against the accused. The timeframe varies depending on the nature and severity of the crime, ranging from one year for certain misdemeanors to no limitation for felonies such as murder or treason. It is crucial to note that the Indiana Condition of Limitation Clause may have exceptions or additional rules for specific cases, such as those involving minors, individuals with disabilities, or instances of fraudulently concealed facts. Consulting with an experienced attorney is advisable to ensure compliance with the applicable limitation clause and to protect one's legal rights effectively.

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Civil Statutes of Limitation in Indiana: At a Glance Injury to PersonTwo years (Ind. Code § 34-11-2-4(1))FraudSix years (Ind. Code § 34-11-2-7(4))Injury to Personal PropertyTwo years (Ind. Code § 34-11-2-4(2))Professional MalpracticeTwo years (Ind. Code § 34-11-2-3)TrespassTwo years (Ind. Code § 34-11-2-4)4 more rows

Generally, per Indiana Code 35-41-4-2, prosecution for an offense is forbidden unless it is commenced within five years after the commission of a Level 3, 4, 5, or 6 Felony offense. For misdemeanor offenses, the statute of limitations is two years after the commission of the offense.

For damage to or destruction of personal property, Indiana Code section 34-11-2-4 gives property owners two years to get their lawsuit filed in court. For damage to or destruction of real property, Indiana Code section 34-11-2-7 gives property owners six years to get the lawsuit filed.

A warrant of arrest for a misdemeanor expires one hundred eighty (180) days after it is issued. A warrant of arrest for a felony and a rearrest warrant for any offense do not expire.

The statute of limitations for breach of oral or written professional services contracts is two (2) years. The statute of limitations for breach of all other types of oral contracts is six (6) years. The statute of limitations for breach of all other written contracts is ten (10) years.

Keeping Time The limitations period typically starts to ?run? the moment the alleged crime is complete. So, if the period for criminal assault is three years, the prosecution would have three years from the date the defendant attacked the victim.

Sec. 506. (1) An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within four (4) years after the cause of action accrued. By the original lease contract the parties may reduce the period of limitation to not less than one (1) year.

(a) When a person dies, the person's real and personal property passes to persons to whom it is devised by the person's last will or, in the absence of such disposition, to the persons who succeed to the person's estate as the person's heirs; but it shall be subject to the possession of the personal representative and ...

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Mar 21, 2014 — Section 34-11-2-9 of the Indiana Code provides that the statute of limitations for breach of “promissory notes, bills of exchange, and other ... Whenever the summons and complaint are not served or published together, the summons shall contain the full, unabbreviated title of the case. (F) Limits of ...This manual has been prepared to provide you with general knowledge of the operation of Small Claims Courts in Circuit and Superior Courts. It does not. In Pinnacle, the Court of Appeals of Indiana enforced a clause containing a limitation of liability and an exculpatory clause in an advertising contract ... Feb 22, 2013 — The case, State Farm Fire and Casualty Co. v. Riddell National Bank, held that where an insurance policy covering residential property in ... Covenants are either personal, restricting only the party who signs the agreement, or they "run with the land," passing the burden along to subsequent property ... Open dialogue can also help create goodwill with the vendor during the contract negotiation process. Second, try to remove the Limitation of. Liability clause. by HB LITTELL · Cited by 34 — The situation in Indiana is confusing. The statute does run against the state as ... In the general limitation clause, Indiana imposes a time period twice as ... by DP STARK · Cited by 18 — In the “vaguely unfair condition” questionnaire, the remedies clause was identical to the remedies clause in the clearly unfair condition except that the words ... Oct 25, 2022 — This clause often disclaims any consequential, incidental, indirect, exemplary, special, or punitive damages and associated fees, lost profits, ...

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Indiana Condition of Limitation Clause