Sec. 1. In addition to the injunctions and restraining orders discussed in this article, the following statutes also contain provisions concerning injunctions or restraining orders: (1) IC 32-30-6 (governing nuisance actions). (2) IC 32-30-7 (governing actions for indecent nuisance). (3) IC 34-24-2 (governing civil remedies for racketeering activities). [1998 Recodification Citation: New.] As added by […]
Sec. 10. When an injunction is granted upon the hearing, after a temporary restraining order, the plaintiff shall not be required to enter into a second written undertaking unless the original undertaking is considered insufficient. However, the plaintiff and the plaintiff’s surety remain liable upon the original undertaking. [Pre-1998 Recodification Citation: 34-1-10-6.] As added by […]
Sec. 11. It is not necessary to issue a writ of injunction. However, the clerk shall issue a copy of the order of injunction, certified by the clerk, which shall be served promptly by delivering the order to the adverse party. [Pre-1998 Recodification Citation: 34-1-10-7.] As added by P.L.1-1998, SEC.22.
Sec. 12. In applications to stay proceedings after judgment, the plaintiff shall endorse upon the complaint a release of errors in the judgment whenever required to do so by the judge or court. [Pre-1998 Recodification Citation: 34-1-10-8.] As added by P.L.1-1998, SEC.22.
Sec. 13. Money that is: (1) collected upon a judgment that is later enjoined; and (2) remains in the hands of the collecting officer; shall be paid to the clerk of the court granting the injunction, subject to the order of the court. [Pre-1998 Recodification Citation: 34-1-10-9.] As added by P.L.1-1998, SEC.22.
Sec. 14. (a) This section applies when it appears to any court or judge granting an order of injunction, by affidavit, that any person has willfully disobeyed the order. (b) After giving notice, the court or judge shall award an attachment for contempt against the party charged or a rule to show cause why the […]
Sec. 15. The attachment for contempt shall be immediately served by arresting the party charged, and bringing the party into court, if in session, to be dealt with as in other cases of contempt. The court shall also take all necessary measures to secure and indemnify the plaintiff against damages in the premises. [Pre-1998 Recodification […]
Sec. 16. (a) If the court is not in session, the officer making the arrest shall cause the person to enter into a written undertaking, with surety to be approved by the officer. The written undertaking must contain the person’s assurances to: (1) personally appear in open court; (2) answer the contempt; and (3) pay […]
Sec. 17. (a) This section applies when an injunction to stay proceedings after judgment for debt or damages is dissolved. (b) The court shall award damages, not exceeding ten percent (10%), on the judgment, as the court considers right against the party in whose favor the injunction issued. [Pre-1998 Recodification Citation: 34-1-10-13.] As added by […]
Sec. 18. (a) This section applies if an injunction to stay proceedings after verdict or judgment in an action for the recovery or possession of real estate is dissolved. (b) The damages assessed against the party obtaining the injunction shall include the reasonable rents and profits of the land recovered and all waste committed after […]
Sec. 2. Restraining orders and injunctions may be granted by the supreme court or a justice of the supreme court when necessary and proper for the due exercise of the jurisdiction and powers of the supreme court. [Pre-1998 Recodification Citation: 34-1-10-1 part.] As added by P.L.1-1998, SEC.22.
Sec. 3. (a) Restraining orders and injunctions may be granted by the circuit courts, superior courts, or probate courts, or the judges of the circuit courts, superior courts, or probate courts, in their respective counties. (b) If the circuit court, superior court, or probate court judges are: (1) absent from their circuits; or (2) by […]
Sec. 4. (a) The regular presiding judge in the county where the petition was filed shall hear and determine whether an injunction or restraining order issued under section 3(b) of this chapter (or IC 34-1-10-1 before its repeal) shall be made permanent. (b) The circuit courts, superior courts, or probate courts, or the circuit court, […]
Sec. 5. (a) This section applies: (1) when it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief or any part of the relief consists in restraining the commission or continuance of some act, the commission or continuance of which, during the litigation, would produce great injury to […]
Sec. 6. When it appears: (1) in the complaint at the commencement of the action; or (2) during the pendency of the action by affidavit; that the defendant threatens, or is about to remove or dispose of the defendant’s property, with intent to defraud the defendant’s creditors, a temporary injunction may be granted, to restrain […]
Sec. 7. In all applications for an injunction, the complaint or as much of the complaint as pertains to the acts or proceedings to be enjoined, must be verified by affidavit. The injunction may be granted at the time of commencing the action, or at any time afterwards before judgment is rendered in the proceeding. […]
Sec. 8. On the hearing of an application for a restraining order or temporary injunction, each party may read affidavits or documentary or record evidence. [Pre-1998 Recodification Citation: 34-1-10-4.] As added by P.L.1-1998, SEC.22.
Sec. 9. Upon the granting or continuing of an injunction, such terms and conditions may be imposed upon the party obtaining the injunction that are considered equitable. [Pre-1998 Recodification Citation: 34-1-10-5.] As added by P.L.1-1998, SEC.22.
