Declaratory Judgment - I.C. § 34-14-1-1

A court may declare rights, status and other legal relations whether or not further relief is or could be claimed.

 

Declaratory Judgment - I.C. § 34-14-1-2

A person interested under a deed, will, written contract or other writings or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract or franchise may have questions of construction or validity determined or obtain a declaration of rights, status or legal relations thereunder.

 

Qualified Settlement Offer - I.C. § 34-50-1-4

This is essentially a codification of the Trial Rule 68 Offer of Judgment. When a qualified settlement offer is made pursuant to this statute, and not accepted, then the party rejecting the offer must ultimately obtain a more favorable judgment. If the rejecting party fails to obtain a more favorable judgment the offering party is entitled to attorney’s fees, costs, and expenses in an amount not to exceed $1,000.00. To be valid, a qualified settlement offer must:

 

  • Be in writing;
  • Be signed by the offeror or the offeror’s attorney;
  • Be designated on its face as a “qualified settlement offer;”
  • Be delivered to each recipient or the recipient’s attorney by:
    • Registered or certified mail; or
    • Any other method that verifies the date of receipt.
  • Set forth the complete terms of the settlement proposal in sufficient detail to allow the recipient to decide whether to accept or reject it;
  • Include the name and address of the offeror and the offeror’s attorney; and,
  • Expressly revoke all prior qualified settlement offers made by the offeror to the recipient.