Sec. 2. (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.]
As added by P.L.2-2002, SEC.15.
Notes of Decisions
Cited in
6
cases, 2008–2019 · leading case:
Morton v. Ivacic, 898 N.E.2d 1196 (Ind. 2008).
Morton v. Ivacic, 898 N.E.2d 1196 (Ind. 2008).
· cites it 6× “” Ind.Code § 32-30-3-2(a). After the plaintiff files *1200 the affidavit, the court issues an order to show cause which must state the following: (1) The defendant may file supporting affidavits with the court.”
Eric P. Hewitt v. Buckingham Mgmt., LLC (mem. dec.) (Ind. Ct. App. 2016).
· cites it 4× “See also Ind. Code § 32-30-3-2 (provides for pre-judgment possession hearing “to show cause why the judge should not remove the tenant from the property and put the plaintiff in possession.”
Sharon Thurman & Jeremiah Thurman v. Two Star Inc. (mem. dec.), 96 N.E.3d 665 (Ind. Ct. App. 2018).
· cites it 4× “Ind. Code § 32-30-3-2 (b)(2). Thurman did not take advantage of this opportunity and cannot now complain that she was not given an opportunity to oppose, be heard, or defend against Two Star's motion.”
Lisa Reynolds v. Daniel Capps, 968 N.E.2d 789 (Ind. Ct. App. 2012).
· cites it 3× “(quoting Ind.Code 32-30-3-2(a)). After the plaintiff files an affidavit, the court issues an order to show cause that must explain the defendant’s rights.”
Jason T. Myers v. June Palms Prop. Mgmt. (mem. dec.) (Ind. Ct. App. 2019).
“2009) 2 Myers also argues that the trial court violated his due process rights in both the -816 and -1592 Eviction proceedings by failing to “enter a proper show cause order pursuant to Ind. Code 32-30-3-2.” (Appellant’s Br. p.”
— Ind. Code § 32-30-3-2(a) — 2 cases
Morton v. Ivacic, 898 N.E.2d 1196 (Ind. 2008).
“” Ind.Code § 32-30-3-2(a). After the plaintiff files *1200 the affidavit, the court issues an order to show cause which must state the following: (1) The defendant may file supporting affidavits with the court.”
Lisa Reynolds v. Daniel Capps, 968 N.E.2d 789 (Ind. Ct. App. 2012).
“(quoting Ind.Code 32-30-3-2(a)). After the plaintiff files an affidavit, the court issues an order to show cause that must explain the defendant’s rights.”
— Ind. Code § 32-30-3-2(b) — 2 cases
Morton v. Ivacic, 898 N.E.2d 1196 (Ind. 2008).
“” Ind.Code § 32-30-3-2(a). After the plaintiff files *1200 the affidavit, the court issues an order to show cause which must state the following: (1) The defendant may file supporting affidavits with the court.”
Lisa Reynolds v. Daniel Capps, 968 N.E.2d 789 (Ind. Ct. App. 2012).
“(quoting Ind.Code 32-30-3-2(a)). After the plaintiff files an affidavit, the court issues an order to show cause that must explain the defendant’s rights.”
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