§ 32-30-3-2 — Order to appear; order to show cause; requirements

Indiana § 32-30-3-2

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 30: CAUSES OF ACTION CONCERNING REAL
• Ch. 3: Ejectment and Quiet Title

Text

(a) Upon the filing of an affidavit described in
section 1 of this chapter, the clerk shall issue an order for a time fixed
by the judge directing the defendant to appear to controvert the
affidavit or to show cause why the judge should not remove the
defendant from the property and put the plaintiff in possession. The
order to show cause must direct the time within which the order must
be served on the defendant and set forth the date, time, and place for
the hearing, which may take place no earlier than five (5) business days
after the date of service on the defendant.
(b) The order to show cause must state the following:
(1) The defendant may file supporting affidavits with the court.
(2) The defendant may appear and present supporting testimony
at the hearing on the order to show cause.
(3) The defendant may file with the court a written undertaking to
stay the delivery of the property under this chapter.
(4) The judge may issue a judgment of possession in favor of the
plaintiff if the defendant fails to appear at the hearing.
[Pre-2002 Recodification Citation: 32-6-1.5-2.]

Legislative History

As added by P.L.2-2002, SEC.15.