Indiana § 32-31-11-4 Eviction actions resolved before July 1, 2022, or for which order of
nondisclosure not otherwise issued; right of tenant to petition court for
nondisclosure order; required information; order or hearing; burden of
proof

Indiana Statutes

§ 32-31-11-4 — Eviction actions resolved before July 1, 2022, or for which order of nondisclosure not otherwise issued; right of tenant to petition court for nondisclosure order; required information; order or hearing; burden of proof

Indiana·Title 32 PROPERTY·Art. 31 LANDLORD-TENANT RELATIONS·Ch. 11 Disclosure of Residential Eviction Information

(a)If:

(1)an eviction action:

(A)is filed before July 1, 2022; and

(B)results in an outcome described in section 3(a)(1) through 3(a)(3) of this chapter before July 1, 2022; and the court in the action has not otherwise filed an order described in section 3 of this chapter; or

(2)the court has not otherwise issued an order under section 3 of this chapter in an eviction action that results, on or after July 1, 2022, in an outcome described in section 3(a)(1) through 3(a)(3) of this chapter; the tenant in the action may petition the court in which the eviction action was filed to issue an order prohibiting the disclosure of any records in the action, including the petition by the landlord for possession of the rental unit, in accordance with section 3 of this chapter.

(b)If:

(1)an evi

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(a) If:
(1) an eviction action:
(A) is filed before July 1, 2022; and
(B) results in an outcome described in section 3(a)(1) through
3(a)(3) of this chapter before July 1, 2022;
and the court in the action has not otherwise filed an order
described in section 3 of this chapter; or
(2) the court has not otherwise issued an order under section 3 of
this chapter in an eviction action that results, on or after July 1,
2022, in an outcome described in section 3(a)(1) through 3(a)(3)
of this chapter;
the tenant in the action may petition the court in which the eviction
action was filed to issue an order prohibiting the disclosure of any
records in the action, including the petition by the landlord for
possession of the rental unit, in accordance with section 3 of this
chapter.
(b) If:
(1) an eviction action is filed before July 1, 2025; and
(2) an outcome or occurrence described in section 3(b) of this
chapter occurs before July 1, 2025;
and the court in the action has not otherwise filed an order described
in section 3 of this chapter, the tenant in the action may petition the
court in which the eviction action was filed to issue an order
prohibiting the disclosure of any records in the action, including the
petition by the landlord for possession of the rental unit, in accordance
with section 3 of this chapter.
(c) A petition under subsection (a) or (b) must be verified by the
petitioner and filed with court, and must include the following
information:
(1) The petitioner's full name.
(2) The petitioner's date of birth.
(3) The petitioner's current address.
(4) The case number or cause number of the eviction action.
(5) A description of why the petitioner is entitled to relief under
this section, along with any supporting documentation or
evidence.
(6) A sworn statement that a monetary judgment is not
outstanding to the landlord in the eviction action with respect to
which the petitioner seeks relief under this section.
(d) The court may do any of the following, with respect to a petition
filed under subsection (a) or (b):
(1) Issue an order prohibiting the disclosure of any records in the
action, in accordance with section 3 of this chapter, without a
hearing, if the court determines that the petition contains
sufficient information under subsection (c).
(2) Set the matter for a hearing if:
(A) the court determines that the petition does not contain
sufficient information under subsection (c); or
(B) one (1) or more questions arise from the petition.
In a hearing under this subdivision, the petitioner bears the
burden of proof with respect to whether the court should issue an
order prohibiting the disclosure of any records in the eviction
action in accordance with section 3 of this chapter.

Indiana § 32-31-11-4 (Eviction actions resolved before July 1, 2022, or for which order of nondisclosure not otherwise issued; right of tenant to petition court for nondisclosure order; required information; order or hearing; burden of proof) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.