Indiana Code
Chapter 3. Ejectment and Quiet Title
32-30-3-5. Hearing on Order to Show Cause; Court Determinations; Prejudgment Orders; Appointment of Receiver

Sec. 5. (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.]
As added by P.L.2-2002, SEC.15.

Structure Indiana Code

Indiana Code

Title 32. Property

Article 30. Causes of Action Concerning Real Property

Chapter 3. Ejectment and Quiet Title

32-30-3-1. Action for Ejectment or Recovery of Possession of Real Estate; Plaintiff's Affidavit

32-30-3-2. Order to Appear; Order to Show Cause; Requirements

32-30-3-3. Preliminary Order for Possession; Required Findings

32-30-3-4. Order for Possession; Expedited Hearing; Temporary Restraining Orders Instead of Order for Possession

32-30-3-5. Hearing on Order to Show Cause; Court Determinations; Prejudgment Orders; Appointment of Receiver

32-30-3-6. Order of Possession; Prerequisites

32-30-3-7. Order of Possession; Requirements

32-30-3-8. Return of Possession to Defendant; Period for Return; Required Surety; Notice; Proof of Service

32-30-3-9. Order of Possession; Delivery; Service

32-30-3-10. Removal of Occupants Within 48 Hours Service

32-30-3-11. Executing Officer's Return of Order of Possession

32-30-3-12. Final Judgment Supersedes Prior Orders

32-30-3-13. Actions in Plaintiff's Own Name

32-30-3-14. Defendants in Certain Actions; Plaintiff's Complaint; Plaintiff's Affidavit; Notice; Venue

32-30-3-15. Statutory Construction

32-30-3-16. Action to Quiet Title; Service

32-30-3-17. Entry of Orders and Decrees in Civil Order Book; Quiet Title Record; Index Requirements

32-30-3-18. Presumption of Death of Nonresident; Circumstances; Intestate Succession of Title; Vesting in Nonresident's Heirs

32-30-3-19. Procedure to Claim Title From Nonresident Presumed Dead

32-30-3-20. Action to Quiet Title of Real Estate Exempt From Sale on Execution

32-30-3-21. Valuation of Exempt Real Estate; Limitation