§ 32-30-3-5 — Hearing on order to show cause; court determinations; prejudgment orders; appointment of receiver

(a) After the hearing on the order to show
cause, the court shall:
(1) consider the pleadings, evidence, and testimony presented at
the hearing; and
(2) determine with reasonable probability which party is entitled
to possession, use, and enjoyment of the property.
The court's determination is preliminary pending final adjudication of
the claims of the parties. If the court determines that the action is an
action in which a prejudgment order of possession in plaintiff favor
should issue, the court shall issue the order.
(b) The court may issue the prejudgment order of possession in
favor of the plaintiff if the defendant fails to appear at the hearing on
the order to show cause.
(c) If the plaintiff's property has a peculiar value that cannot be
compensated by damages, the court may appoint a receiver to take
possession of and hold the property until further order of the court.
[Pre-2002 Recodification Citation: 32-6-1.5-5.]

Legislative History

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