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