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IC 27-1-3-23 — Civil actions; substantial justification

Chapter 3. General Powers and Duties of the Department

1 section change

Bills amending this section

Section text

Sec. 23. (a) For the purposes of this section, a party is "substantially justified" in initiating a civil action if the action had a reasonable basis in law or fact at the time the action was initiated. (b) If: (1) a person or entity referred to in section 22(d) of this chapter, or an employee or agent of a person or entity referred to in section 22(d), is the prevailing party in a civil action for libel, slander, or any other relevant tort arising out of the filing of a report or the furnishing of information under section 22(d) of this chapter; and (2) the party who initiated the action was not substantially justified in initiating the action; the person, entity, employee, or agent referred to in subdivision (1) is entitled to an award of attorney's fees and costs.

As added by P.L.121-1992, SEC.2. Amended by P.L.86-2026, SEC.2.

Source: official publisher (2026 edition)