1. (a) This section applies when:

   1. (1) an action is brought against two (2) or more defendants upon a contract; and
   2. (2) at least one (1) or more of the defendants is a surety for the others.

2. (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. (1) the trial of the cause; or
   2. (2) any time before or after the trial.

3. (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.