32-35-2-18. Order of Possession; Contents
Sec. 18. An order of possession issued under this chapter must: (1) be directed to the sheriff or other officer charged with the execution of the order within whose jurisdiction the property is believed to be located; (2) describe the property to be seized; and (3) direct the executing officer to: (A) seize the property […]
32-35-2-19. Final Judgment; Contents
Sec. 19. If the order issued in an action under this chapter is a final judgment: (1) the court does not need to fix a time for the defendant to file a written undertaking; (2) the order must direct immediate delivery to the plaintiff; (3) a copy of any written undertaking filed by the plaintiff […]
32-35-2-20. Final Judgment to Supersede All Preceding Orders
Sec. 20. Any: (1) order for possession; (2) temporary restraining order; (3) prejudgment order for possession; or (4) other preliminary transfer of possession; issued under this article (or IC 34-1-9.1 or IC 34-21 before their repeal) is superseded by the final judgment rendered in an action under this chapter. [Pre-2002 Recodification Citation: 34-21-4-13.] As added […]
32-35-2-5. Issuance of Show Cause Order
Sec. 5. If a plaintiff files an affidavit under section 3 of this chapter, the clerk shall issue an order for a time fixed by the judge directing the defendant to appear for the purpose of controverting plaintiff’s affidavit or to otherwise show cause why: (1) a prejudgment order for possession should not issue; and […]
32-35-2-21. Plaintiff’s Bond Required
Sec. 21. (a) Except as provided in subsection (c), the court may not issue an order of possession, with or without notice, in the plaintiff’s favor in an action under this chapter until the plaintiff has filed with the court a written undertaking: (1) in an amount fixed by the court; and (2) executed by […]
32-35-2-6. Date, Time, and Place for Hearing
Sec. 6. (a) An order issued under section 5 of this chapter must set forth the date, time, and place for the hearing and direct the time within which service shall be made upon the defendant. (b) The hearing shall be scheduled not sooner than five (5) days, Sundays and holidays excluded, after the date […]
32-35-2-22. Return of Property to Defendant; Bond
Sec. 22. (a) In an action under this chapter, the defendant: (1) at any time before the hearing on the preliminary order; or (2) if final judgment has not been entered, within the time fixed in the order of possession; may require the return of the property upon filing with the court a written undertaking […]
32-35-2-7. Notice to Defendant
Sec. 7. An order to show cause issued under section 5 of this chapter must inform the defendant that: (1) the defendant may: (A) file affidavits on the defendant’s behalf with the court; (B) appear and present testimony on the defendant’s behalf at the time of the hearing; and (C) file with the court a […]
32-35-2-23. Service of Notice by Defendant of Filing of Bond
Sec. 23. At the time of filing an undertaking under section 22 of this chapter, the defendant must: (1) serve upon the executing officer and the plaintiff or the plaintiff’s attorney a notice of filing of the undertaking; and (2) file proof of service of the notice referred to in subdivision (1) with the court. […]
32-35-2-8. Order for Possession After Examining Pleadings and Evidence
Sec. 8. The court may issue an order for possession under this chapter after examining the complaint, affidavits, and other evidence or testimony that the court may require. [Pre-2002 Recodification Citation: 34-21-4-1.] As added by P.L.2-2002, SEC.20.