§ 32-31-10-4 — Plaintiff's failure to prosecute the case; court's notice to parties; plaintiff's failure to take action; dismissal of case; administrative fee

Indiana § 32-31-10-4

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 31: LANDLORD-TENANT RELATIONS
• Ch. 10: Residential Eviction Actions

Text

(a) If, at any time after the filing of an
eviction action, no action has been taken by the plaintiff to further
prosecute the case for a period of at least one hundred eighty (180)
days, the court shall send to the parties written notice:
(1) informing the parties of the date of the most recent action
taken by the plaintiff in the case; and
(2) directing the plaintiff to take action to either:
(A) further prosecute the case; or
(B) dismiss the case;
not later than ten (10) business days after the date of the notice.
(b) If the plaintiff fails to take an action described in subsection
(a)(2) within the time prescribed by subsection (a)(2):
(1) the defendant in the eviction action may petition the court to
dismiss the case; or
(2) the court on the court's own motion may dismiss the case.
If the court dismisses the case under this subsection on or after July 1,
2022, the court shall, in conjunction with its order of dismissal, issue
an order in accordance with IC 32-31-11, without further motion of the
defendant, to prohibit the disclosure of any records in the eviction
action.
(c) The court may assess an administrative fee of ten dollars ($10),
payable by the plaintiff, for any order of dismissal entered under
subsection (b).

Legislative History

As added by P.L.164-2022, SEC.2.