reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-21. Judgment for Defendant; Appeal

Sec. 21. (a) Except as provided in subsection (b), if the judgment in the action is rendered for the defendant:
(1) the attachment shall be discharged; and
(2) the attached property or proceeds from the property shall be returned to the defendant.
(b) If the plaintiff:
(1) serves notice with the clerk or judge within seventy-two (72) hours that the plaintiff:
(A) intends to appeal from the judgment; and
(B) will file a bond, approved by the court; and
(2) files an appeal, as provided by law, within sixty (60) days from the date of the judgment;
the attachment or any bond given to release the property or thing attached shall not be discharged, and the attached property or proceeds from the property shall not be returned to the defendant until final disposition of such action.
[Pre-1998 Recodification Citation: 34-1-11-34.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-22. Judgment for Plaintiff; Execution

Sec. 22. After judgment for the plaintiff or one (1) or more of several plaintiffs, attached property that remains unsold may be sold on execution, as in other cases.
[Pre-1998 Recodification Citation: 34-1-11-36.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-23. Action on Undertaking; Damages

Sec. 23. Every defendant is entitled to an action on the written undertaking of the plaintiff or creditor by whose proceedings in attachment the defendant is aggrieved, if it appears that the proceedings were wrongful and oppressive. The defendant shall recover damages at the discretion of the jury.
[Pre-1998 Recodification Citation: 34-1-11-38.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-24. Actions in Name of State

Sec. 24. In all actions in the name of the state of Indiana, or of any person, agent, or officer, for the use of the state, if process is returned indicating that the defendant was not found, an order of attachment may be issued and proceedings may be had, as in other cases, without filing an affidavit or a written undertaking.
[Pre-1998 Recodification Citation: 34-1-11-39.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 2. Attachment › 34-25-2-25. Order Executed and Discharged; Return

Sec. 25. When an order of attachment is fully executed or discharged, the sheriff shall return the order to the court, with the sheriff's proceedings noted upon the order.
[Pre-1998 Recodification Citation: 34-1-11-40.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 3. Garnishment › 34-25-3-1. Officers Subject to Garnishment

Sec. 1. (a) This section applies to:
(1) all officers who may collect money by virtue of their office, including:
(A) clerks of the circuit and superior courts;
(B) sheriffs; and
(C) constables;
(2) executors;
(3) administrators;
(4) guardians; and
(5) trustees.
(b) Persons described in subsection (a) are subject to garnishment at the suit of any creditor who has money or choses in action in the hands of the officer, executor, administrator, guardian, or trustee at the time of the service of the garnishee process, in the same manner as and to the same extent that other persons are subject to garnishment.
[Pre-1998 Recodification Citation: 34-1-11-12.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 3. Garnishment › 34-25-3-2. Personal Actions Arising Upon Contract or Judgment; Affidavit; Undertaking; Summons

Sec. 2. (a) In all personal actions arising upon contract, express or implied, or upon a judgment or decree of any court, if at the time the action is commenced or at any time afterwards, whether a writ of attachment has been issued or not, the plaintiff, or a person representing the plaintiff, shall file with the clerk an affidavit that the plaintiff has good reason to believe, and does believe, that the person named in the affidavit:
(1) has property of the defendant in the person's possession or under the person's control;
(2) is indebted to the defendant;
(3) has the control or agency of any property, money, credits, or effects of the defendant; or
(4) has control over the defendant's share or interest in the stock of any association or corporation.
(b) The plaintiff shall file a written undertaking, as described in IC 34-25-2-5, payable to the defendant, with freehold surety to be approved by the clerk, stating that the plaintiff will:
(1) prosecute the proceedings in garnishment to effect; and
(2) pay to the defendant all damages the defendant may sustain if the proceedings are wrongful and oppressive.
(c) The clerk shall issue a summons notifying the person, association, or corporation to appear at the court and answer as garnishee in the action. The summons must contain the name and address of the defendant. The summons shall be served in the manner provided by the Indiana rules of trial procedure.
[Pre-1998 Recodification Citation: 34-1-11-20.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 3. Garnishment › 34-25-3-3. Accountability of Garnishee to Plaintiff

Sec. 3. From the day of the service of the summons, the garnishee is accountable to the plaintiff in the action for the amount of money, property, or credits in the garnishee's possession or due and owing from the garnishee to the defendant.
[Pre-1998 Recodification Citation: 34-1-11-21.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 3. Garnishment › 34-25-3-4. Certificate and Examination of Garnishee; Enforcement

Sec. 4. (a) This section applies to an officer or agent of an association or corporation and every other person summoned as a garnishee.
(b) A person described in subsection (a) shall, when served, or not later than five (5) days after being served the summons, furnish the sheriff with a certificate of:
(1) the number of shares or rights of the defendants in the stock of the corporation or association;
(2) a description of the property held by the corporation, association, or person that belongs to the defendant or is held for the benefit of the defendant; or
(3) the amount of the debt owing to the defendant by the association, corporation, or person, whether due or not.
The sheriff shall return the certificate with the summons.
(c) If the person refuses to provide the information set forth in subsection (b), the person may be required by the court to appear and be examined under oath concerning the information. Obedience to the orders may be enforced by attachment.
[Pre-1998 Recodification Citation: 34-1-11-22.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 3. Garnishment › 34-25-3-5. Garnishee's Failure to Appear or Provide Information; Effect; Procedure

Sec. 5. (a) This section applies to a garnishee who is summoned and:
(1) fails to appear and provide discovery as required by law; or
(2) fails to answer or demur to the matters set forth against the garnishee in the affidavit, additional complaint, or interrogatories.
(b) When a garnishee fails to provide information as described in subsection (a):
(1) the information may be taken as confessed;
(2) judgment may be entered by default; or
(3) the garnishee may be examined under oath concerning all the matters charged in the affidavit or additional complaint.
(c) Proceedings, pleadings, and process under this section must conform to the practice in other cases, as necessary to determine the rights of the parties and render a final judgment.
[Pre-1998 Recodification Citation: 34-1-11-23.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 3. Garnishment › 34-25-3-6. Absconding Garnishee; Order of Arrest

Sec. 6. If the plaintiff or person representing the plaintiff files an affidavit with the clerk stating that the plaintiff or person:
(1) fears that the garnishee will abscond before judgment with intent to defraud the plaintiff; and
(2) believes that the garnishee:
(A) has money, things in action, goods, chattels, or effects of the defendant in the garnishee's possession; or
(B) is indebted to the defendant;
the clerk shall issue an order of arrest against the garnishee and hold the garnishee to bail as in a civil action.
[Pre-1998 Recodification Citation: 34-1-11-24.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 3. Garnishment › 34-25-3-7. Final Judgment Against Garnishee; Discharge of Garnishee; Costs

Sec. 7. The court shall not render final judgment against the garnishee until the action against the defendant has been determined. If the plaintiff fails to recover judgment either against the defendant or the garnishee, the garnishee shall be discharged and recover costs.
[Pre-1998 Recodification Citation: 34-1-11-25.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 3. Garnishment › 34-25-3-8. Return of "No Property Found"

Sec. 8. The return of "no property found" upon the order of attachment does not affect the proceedings against the garnishee.
[Pre-1998 Recodification Citation: 34-1-11-26.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 3. Garnishment › 34-25-3-9. Judgment Recovered; Liability of Defendant or Garnishee for Costs

Sec. 9. (a) If the plaintiff wins judgment against the defendant and before the judgment the garnishee:
(1) delivers to the sheriff:
(A) all the defendant's goods and chattels, or other effects in the garnishee's possession subject to execution; or
(B) an inventory of the items described in subdivision (1)(A); and
(2) pays to the sheriff or into court all money due from the garnishee or belonging to the defendant;
the costs in the proceeding against the garnishee shall be paid by the defendant.
(b) If the garnishee does not appear or appears and refuses to accurately confess the matter alleged and at the trial:
(1) the plaintiff recovers judgment against the garnishee; or
(2) the garnishee admits to having possession of money, credits, or effects belonging to the defendant and refuses to pay or deliver the money, credits, or effects;
the garnishee shall pay costs.
[Pre-1998 Recodification Citation: 34-1-11-27.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 3. Garnishment › 34-25-3-10. Compelling Garnishee to Pay or Perform Contracts

Sec. 10. The garnishee may not be compelled to pay or perform any contract in any other manner or at any other time, than the garnishee would be bound to do for the defendant.
[Pre-1998 Recodification Citation: 34-1-11-28.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 3. Garnishment › 34-25-3-11. Payment to Sheriff or Court; Discharge of Garnishee

Sec. 11. A garnishee may pay money the garnishee owes to the defendant to the sheriff or into court and is discharged from liability to the defendant for the amount of money paid to the sheriff or into court that does not exceed the plaintiff's claim.
[Pre-1998 Recodification Citation: 34-1-11-29.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 3. Garnishment › 34-25-3-12. Examination of Garnishee; Delivery of Property and Payment; Undertaking

Sec. 12. (a) This section applies to a garnishee or an officer of a corporation summoned as a garnishee.
(b) Five (5) or more days after being served with the summons, the garnishee may be examined under oath in open court.
(c) If the examination reveals that at the time the summons was served, or after the service of the summons upon the garnishee, the garnishee or the corporation possessed any property of the defendant or was indebted to the defendant, the court may order:
(1) the delivery of the property and the payment of the indebtedness into court; or
(2) the execution of a written undertaking by the garnishee, with sufficient sureties, to be approved by the court, payable to the plaintiff, to the effect that the indebtedness shall be paid or the property forthcoming as the court shall direct.
[Pre-1998 Recodification Citation: 34-1-11-30.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 3. Garnishment › 34-25-3-13. Creditor of Defendant; Intervention in Action

Sec. 13. At any time before the final judgment in the suit, any creditor of the defendant, upon filing an affidavit and written undertaking, as required of an attaching creditor, may do the following:
(1) Become a party to the action, file a complaint, and prove the claim or demand against the defendant.
(2) Have any person summoned as garnishee or held to bail who has not before been summoned or held to bail.
(3) Propound interrogatories to the garnishee and enforce answers to the interrogatories in like manner, as the creditor who is plaintiff.
[Pre-1998 Recodification Citation: 34-1-11-31.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 3. Garnishment › 34-25-3-14. Judgment for Plaintiff or Creditor; Execution

Sec. 14. (a) If:
(1) judgment in the action is rendered for the plaintiff, or one (1) or more of several plaintiffs; and
(2) sufficient proof is made of the goods, chattels, rights, credits, money, and effects in the possession of the garnishee;
the court shall also give judgment in favor of the plaintiff or creditors against the garnishee, or the property of the defendant, or both, as the case may require.
(b) A judgment described in subsection (a) may be enforced by execution.
[Pre-1998 Recodification Citation: 34-1-11-35.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25. Special Proceedings: Attachment and Garnishment › Chapter 3. Garnishment › 34-25-3-15. Procedurally Defective Order; Immunity of Person Who Complies

Sec. 15. (a) In addition to other proceedings, this section applies to proceedings supplementary to execution involving a depository financial institution under IC 28-9.
(b) A person, whether designated as a garnishee defendant, an income payor, or otherwise, who complies with what purports to be a garnishment, an income withholding order, or a hold or restriction on withdrawal order issued under:
(1) the Indiana Rules of Trial Procedure;
(2) this article (or IC 34-1-11 before its repeal);
(3) IC 31-16-15 (or IC 31-2-10 before its repeal) or a similar law of Indiana or another state pertaining to support or maintenance of any person; or
(4) IC 34-55-8-7 (or IC 34-1-44-7 before its repeal) concerning proceedings supplementary to execution;
is not personally liable for the amounts withheld if, for any reason, the order is determined by a court to be procedurally defective.
[Pre-1998 Recodification Citation: 34-1-11-49.]
As added by P.L.1-1998, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 1. Persons Entitled to Writ of Habeas Corpus › 34-25.5-1-1. Persons Entitled to Writ

Sec. 1. Every person whose liberty is restrained, under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint, and shall be delivered from the restraint if the restraint is illegal.
[Pre-1998 Recodification Citation: 34-1-57-1.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 2. Application for Writ › 34-25.5-2-1. Application for Writ; Contents

Sec. 1. (a) Application for the writ must be made by complaint, signed and verified either by:
(1) the applicant; or
(2) some person on the applicant's behalf.
(b) The complaint must specify the following:
(1) Who is restraining the applicant's liberty, the place where the applicant is being held, and the names of all the parties, if they are known, or descriptions of them if they are not known.
(2) The cause or pretense of the restraint, according to the best of the knowledge and belief of the applicant.
(3) If the restraint is alleged to be illegal, the nature of the illegality.
[Pre-1998 Recodification Citation: 34-1-57-2.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 2. Application for Writ › 34-25.5-2-2. Courts and Judges Authorized to Grant Writ

Sec. 2. (a) Writs of habeas corpus may be granted by:
(1) the circuit or superior courts of the county in which the person applying for the writ may be restrained of his or her liberty, or by the judges of those courts; or
(2) if the judges described in subdivision (1) are:
(A) absent from their circuits; or
(B) by reason of sickness or other cause, unable or incompetent to hear and determine the application for the writ;
then by any judge of an adjoining circuit.
(b) Upon application, a writ granted under subsection (a) shall be granted without delay.
[Pre-1998 Recodification Citation: 34-1-57-3.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 2. Application for Writ › 34-25.5-2-3. Criminal Court Judges Authorized to Grant Writ

Sec. 3. The judges of any courts with criminal jurisdiction in Indiana may:
(1) issue writs of habeas corpus within their respective counties;
(2) hear and determine writs of habeas corpus in favor of all persons arrested and held upon any charge in violation of Indiana criminal laws; and
(3) admit to bail, or discharge the prisoner;
in the same manner, to the same extent, and under the same rules and regulations as judges of the circuit courts are authorized by law to do.
[Pre-1998 Recodification Citation: 34-1-57-4.]
As added by P.L.1-1998, SEC.21. Amended by P.L.84-2016, SEC.156.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 2. Application for Writ › 34-25.5-2-4. Contents of Writ

Sec. 4. The writ shall be directed to the office or party restraining the applicant, commanding the party to have the applicant before the court or judge, at the time and place the court or judge directs, to do and receive the court's order concerning the applicant.
[Pre-1998 Recodification Citation: 34-1-57-5.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 3. Service and Return of Writ › 34-25.5-3-1. Delivery of Writ to Sheriff

Sec. 1. If the writ is directed to the sheriff, the clerk shall deliver it to the sheriff without delay.
[Pre-1998 Recodification Citation: 34-1-57-6.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 3. Service and Return of Writ › 34-25.5-3-2. Writs Directed to Any Other Person; Delivery and Service by Sheriff

Sec. 2. If the writ is directed to any other person, the writ shall be delivered to the sheriff. The sheriff shall serve the writ by delivering the writ to the person without delay.
[Pre-1998 Recodification Citation: 34-1-57-7.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 3. Service and Return of Writ › 34-25.5-3-3. Service of Writ by Leaving at Residence or Affixing in Conspicuous Place

Sec. 3. If the person to whom a writ is directed cannot be found or refuses admittance to the sheriff, the writ may be served by:
(1) leaving the writ at the residence of the person to whom the writ is directed; or
(2) affixing the writ on some conspicuous place, either at the person’s dwelling house or where the party is confined or under restraint.
[Pre-1998 Recodification Citation: 34-1-57-8.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 3. Service and Return of Writ › 34-25.5-3-4. Return of Writ Required

Sec. 4. The sheriff or other person to whom the writ is directed shall return the writ immediately and if the person to whom the writ is directed refuses after due service to return the writ, the court shall enforce obedience by attachment.
[Pre-1998 Recodification Citation: 34-1-57-9.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 3. Service and Return of Writ › 34-25.5-3-5. Return of Writ; Requisites

Sec. 5. The return must be signed and verified by the person making it, who shall state the following:
(1) The authority or cause of the restraint of the applicant in the custody of the person to whom the writ is directed.
(2) If the authority is in writing, the person to whom the writ is directed shall return a copy and produce the original at the hearing.
(3) If the person to whom the writ is directed has had the applicant in custody or under restraint, and has transferred the applicant to another, the person to whom the writ is directed shall state to whom, the time, place, and cause of the applicant’s transfer.
The person to whom the writ is directed shall produce the applicant at the hearing unless prevented by sickness or infirmity, which must be shown in the return.
[Pre-1998 Recodification Citation: 34-1-57-10.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 3. Service and Return of Writ › 34-25.5-3-6. Issuance of Writ or Process by Clerk of Court; Time for Service and Return

Sec. 6. (a) All writs and other process authorized under this article shall be issued by the clerk of the court, and, except summonses, sealed with the seal of the court.
(b) Documents described in subsection (a) shall be served and returned immediately unless the court or judge specifies a particular time for the return.
[Pre-1998 Recodification Citation: 34-1-57-24 part.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 3. Service and Return of Writ › 34-25.5-3-7. Immaterial Defects in Writ or Process

Sec. 7. A writ or other process shall not be disregarded for any defect if enough is shown to notify the officer or person to whom the writ is directed of the purpose of the process.
[Pre-1998 Recodification Citation: 34-1-57-24 part.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 3. Service and Return of Writ › 34-25.5-3-8. Amendments to Writ; Temporary Commitments

Sec. 8. The court may allow amendments to a writ, and temporary commitments, when necessary.
[Pre-1998 Recodification Citation: 34-1-57-24 part.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 4. Hearings › 34-25.5-4-1. Sickness or Infirmity of Applicant; Procedure

Sec. 1. The court or judge, if satisfied of the truth of the allegation of sickness or infirmity under IC 34-25.5-3-5, may:
(1) proceed to decide on the return; or
(2) adjourn the hearing:
(A) until the party can be produced; or
(B) for other good cause.
[Pre-1998 Recodification Citation: 34-1-57-11 part.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 4. Hearings › 34-25.5-4-2. Return of Writ; Proceedings and Pleadings

Sec. 2. The applicant may:
(1) except to the sufficiency of, or controvert the return, or any part of the return; or
(2) allege any new matter in avoidance.
The new matter must be verified except in cases of commitment on a criminal charge. The return and pleadings may be amended without causing any delay.
[Pre-1998 Recodification Citation: 34-1-57-11 part.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 4. Hearings › 34-25.5-4-3. Summary Hearings

Sec. 3. The court or judge shall proceed in a summary way to hear and determine the cause. If no legal cause is shown for the restraint or for the continuation of the restraint, the court shall discharge the applicant.
[Pre-1998 Recodification Citation: 34-1-57-12.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 4. Hearings › 34-25.5-4-4. Powers of Court or Judge

Sec. 4. The court or judge may require and compel the attendance of witnesses and do all other acts necessary to determine the case.
[Pre-1998 Recodification Citation: 34-1-57-17.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 5. Issuance of Writ › 34-25.5-5-1. Limitation on Questioning Legality of Judgment or Process

Sec. 1. (a) Except as provided in subsection (b), the court or judge shall not inquire into the legality of any judgment or process by which the party is in custody, or discharge the party when the term of commitment has not expired in any of the following cases:
(1) Upon process issued by any court or judge of the United States where the court or judge has exclusive jurisdiction.
(2) Upon any process issued on a final judgment of a court of competent jurisdiction.
(3) For any contempt of any court, officer, or body with authority to commit.
(4) Upon a warrant issued from the circuit court, superior court, or probate court upon an indictment or information.
(b) Subsection (a)(1), (a)(2), and (a)(3) do not include an order of commitment, as for contempt, upon proceedings to enforce the remedy of a party.
[Pre-1998 Recodification Citation: 34-1-57-13.]
As added by P.L.1-1998, SEC.21. Amended by P.L.84-2016, SEC.157.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 5. Issuance of Writ › 34-25.5-5-2. When Persons Not to Be Discharged From Order of Commitment

Sec. 2. (a) A person shall not be discharged from an order of commitment issued by any judicial or peace officer:
(1) for want of bail, or in cases not bailable, on account of a defect in the charge or process; or
(2) for alleged want of probable cause.
(b) In cases described in subsection (a), the court or judge shall:
(1) summon the prosecuting witnesses;
(2) investigate the criminal charge;
(3) discharge, let to bail, or recommit the prisoner, as may be just and legal; and
(4) recognize witnesses when proper.
[Pre-1998 Recodification Citation: 34-1-57-14.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 5. Issuance of Writ › 34-25.5-5-3. Writ Issued to Let a Prisoner to Bail

Sec. 3. The writ may be used for the purpose of letting a prisoner to bail in civil and criminal actions.
[Pre-1998 Recodification Citation: 34-1-57-15.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 5. Issuance of Writ › 34-25.5-5-4. Notice of Discharge to Person Having Interest in Detention of Prisoner

Sec. 4. When any person has an interest in the detention, the prisoner shall not be discharged until the person having an interest in the detention is notified.
[Pre-1998 Recodification Citation: 34-1-57-16.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 5. Issuance of Writ › 34-25.5-5-5. Immunity of Sheriff or Officer Obeying Writ or Order of Discharge

Sec. 5. A sheriff or other officer shall not be liable to a civil action for obeying a writ of habeas corpus or an order of discharge made pursuant to a writ of habeas corpus.
[Pre-1998 Recodification Citation: 34-1-57-18.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 6. Emergency Warrant › 34-25.5-6-1. Warrant for Appearance of Illegally Held Person

Sec. 1. Whenever it appears by affidavit that a person is illegally held in custody or restraint and there is good reason to believe that the applicant:
(1) will be carried out of the jurisdiction of the court or judge before whom the application is made; or
(2) will suffer some irreparable injury before compliance with the writ can be enforced;
the court or judge may cause a warrant to be issued, reciting the facts and directed to the sheriff or any constable of the county, commanding the sheriff or constable to take the restrained person and immediately bring the person before the court or judge, to be dealt with according to law.
[Pre-1998 Recodification Citation: 34-1-57-19.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 6. Emergency Warrant › 34-25.5-6-2. Apprehension of Persons Charged With Illegal Restraint

Sec. 2. The court or judge may also, if considered necessary, insert in the warrant a command for the apprehension of the person charged with causing the illegal restraint.
[Pre-1998 Recodification Citation: 34-1-57-20.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 6. Emergency Warrant › 34-25.5-6-3. Execution of Warrant

Sec. 3. The officer shall execute the warrant by bringing the person named in the warrant before the court or judge, and the same return and proceedings shall be required as in case of writs of habeas corpus.
[Pre-1998 Recodification Citation: 34-1-57-21.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 6. Emergency Warrant › 34-25.5-6-4. Issuance and Service of Writ on Sunday; Temporary Orders; Changing Custody of Restrained Person

Sec. 4. (a) Any writ or process authorized by this article may be issued and served on Sunday in cases of emergency.
(b) The court or judge may make any temporary orders in the cause or disposition of the party, during the progress of the proceedings, that justice may require. The custody of any party restrained may be changed from one (1) person to another by order of the court or judge.
[Pre-1998 Recodification Citations: subsection (a) formerly 34-1-57-23; subsection (b) formerly 34-1-57-22.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 25.5. Special Proceedings: Habeas Corpus › Chapter 7. Writs in Favor of Parents, Guardians, and Spouses, and to Enforce Rights of Minors and Incapacitated Persons › 34-25.5-7-1. Writ to Enforce Rights of Minors and Incapacitated Persons

Sec. 1. Writs of habeas corpus shall be granted in favor of parents, guardians, and spouses to enforce the rights and for the protection of minors and incapacitated persons whose incapacity is not caused only by a physical illness, impairment, or infirmity (as defined in IC 29-3-1-7.5). The proceedings must in all cases, conform to the provisions of this article.
[Pre-1998 Recodification Citation: 34-1-57-25.]
As added by P.L.1-1998, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-1. Additional Provisions Concerning Injunctions or Restraining Orders

Sec. 1. In addition to the injunctions and restraining orders discussed in this article, the following statutes also contain provisions concerning injunctions or restraining orders:
(1) IC 32-30-6 (governing nuisance actions).
(2) IC 32-30-7 (governing actions for indecent nuisance).
(3) IC 34-24-2 (governing civil remedies for racketeering activities).
[1998 Recodification Citation: New.]
As added by P.L.1-1998, SEC.22. Amended by P.L.2-2002, SEC.91.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-2. Supreme Court and Justices Authorized to Grant Restraining Orders and Injunctions

Sec. 2. Restraining orders and injunctions may be granted by the supreme court or a justice of the supreme court when necessary and proper for the due exercise of the jurisdiction and powers of the supreme court.
[Pre-1998 Recodification Citation: 34-1-10-1 part.]
As added by P.L.1-1998, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-3. Courts and Judges Authorized to Grant Temporary Injunctions or Restraining Orders

Sec. 3. (a) Restraining orders and injunctions may be granted by the circuit courts, superior courts, or probate courts, or the judges of the circuit courts, superior courts, or probate courts, in their respective counties.
(b) If the circuit court, superior court, or probate court judges are:
(1) absent from their circuits; or
(2) by reason of sickness or other cause unable or incompetent to hear and determine the granting of a temporary injunction or restraining order;
any circuit court, superior court, or probate court judge of an adjoining circuit may hear and determine the granting of a temporary injunction or restraining order.
[Pre-1998 Recodification Citation: 34-1-10-1 part.]
As added by P.L.1-1998, SEC.22. Amended by P.L.84-2016, SEC.158.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-4. Judges Authorized to Make Injunction or Restraining Order Permanent or Operable in Other County; Place of Filing Petition

Sec. 4. (a) The regular presiding judge in the county where the petition was filed shall hear and determine whether an injunction or restraining order issued under section 3(b) of this chapter (or IC 34-1-10-1 before its repeal) shall be made permanent.
(b) The circuit courts, superior courts, or probate courts, or the circuit court, superior court, or probate court judges may, in any county of the circuit, issue restraining orders or injunctions to operate in any other county in the circuit.
(c) All petitions for restraining orders and injunctions shall be filed in the clerk's office in the county in which the order or injunction is requested.
[Pre-1998 Recodification Citation: 34-1-10-1 part.]
As added by P.L.1-1998, SEC.22. Amended by P.L.84-2016, SEC.159.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-5. Injunction to Restrain Act or Proceeding; Modification of Injunction

Sec. 5. (a) This section applies:
(1) when it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief or any part of the relief consists in restraining the commission or continuance of some act, the commission or continuance of which, during the litigation, would produce great injury to the plaintiff;
(2) when, during the litigation, it appears that the defendant is:
(A) doing;
(B) threatening;
(C) about to do; or
(D) procuring or suffering to be done;
some act in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual; or
(3) when the relief or part of the relief demanded by the plaintiff consists in restraining proceedings upon any final order or judgment.
(b) An injunction may be granted to restrain an act or proceeding described in subsection (a) until the further order of the court. The injunction may, afterwards, be modified upon motion.
[Pre-1998 Recodification Citation: 34-1-10-2 part.]
As added by P.L.1-1998, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-6. Temporary Injunction to Restrain Removal or Disposition of Defendant's Property

Sec. 6. When it appears:
(1) in the complaint at the commencement of the action; or
(2) during the pendency of the action by affidavit;
that the defendant threatens, or is about to remove or dispose of the defendant's property, with intent to defraud the defendant's creditors, a temporary injunction may be granted, to restrain the removal or disposition of the defendant's property.
[Pre-1998 Recodification Citation: 34-1-10-2 part.]
As added by P.L.1-1998, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-7. Complaint Verified by Affidavit; Time for Granting Injunction

Sec. 7. In all applications for an injunction, the complaint or as much of the complaint as pertains to the acts or proceedings to be enjoined, must be verified by affidavit. The injunction may be granted at the time of commencing the action, or at any time afterwards before judgment is rendered in the proceeding.
[Pre-1998 Recodification Citation: 34-1-10-3.]
As added by P.L.1-1998, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-8. Hearing; Access to Affidavits or Evidence

Sec. 8. On the hearing of an application for a restraining order or temporary injunction, each party may read affidavits or documentary or record evidence.
[Pre-1998 Recodification Citation: 34-1-10-4.]
As added by P.L.1-1998, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-9. Terms and Conditions of Injunction

Sec. 9. Upon the granting or continuing of an injunction, such terms and conditions may be imposed upon the party obtaining the injunction that are considered equitable.
[Pre-1998 Recodification Citation: 34-1-10-5.]
As added by P.L.1-1998, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-10. Second Undertaking Not Required

Sec. 10. When an injunction is granted upon the hearing, after a temporary restraining order, the plaintiff shall not be required to enter into a second written undertaking unless the original undertaking is considered insufficient. However, the plaintiff and the plaintiff's surety remain liable upon the original undertaking.
[Pre-1998 Recodification Citation: 34-1-10-6.]
As added by P.L.1-1998, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-11. Issuance and Service of Copy of Order on Adverse Party

Sec. 11. It is not necessary to issue a writ of injunction. However, the clerk shall issue a copy of the order of injunction, certified by the clerk, which shall be served promptly by delivering the order to the adverse party.
[Pre-1998 Recodification Citation: 34-1-10-7.]
As added by P.L.1-1998, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-12. Stay of Proceedings; Endorsement of Release of Errors Upon Complaint

Sec. 12. In applications to stay proceedings after judgment, the plaintiff shall endorse upon the complaint a release of errors in the judgment whenever required to do so by the judge or court.
[Pre-1998 Recodification Citation: 34-1-10-8.]
As added by P.L.1-1998, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-13. Money Collected Upon Judgment; Payment

Sec. 13. Money that is:
(1) collected upon a judgment that is later enjoined; and
(2) remains in the hands of the collecting officer;
shall be paid to the clerk of the court granting the injunction, subject to the order of the court.
[Pre-1998 Recodification Citation: 34-1-10-9.]
As added by P.L.1-1998, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-14. Attachment for Contempt; Rule to Show Cause; Service

Sec. 14. (a) This section applies when it appears to any court or judge granting an order of injunction, by affidavit, that any person has willfully disobeyed the order.
(b) After giving notice, the court or judge shall award an attachment for contempt against the party charged or a rule to show cause why the attachment for contempt should not issue. The attachment or rule shall be issued by the clerk of the court, and directed to the sheriff, and shall be served by the sheriff.
[Pre-1998 Recodification Citation: 34-1-10-10.]
As added by P.L.1-1998, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-15. Attachment for Contempt; Arrest of Party; Indemnity

Sec. 15. The attachment for contempt shall be immediately served by arresting the party charged, and bringing the party into court, if in session, to be dealt with as in other cases of contempt. The court shall also take all necessary measures to secure and indemnify the plaintiff against damages in the premises.
[Pre-1998 Recodification Citation: 34-1-10-11.]
As added by P.L.1-1998, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-16. Arrest; Undertaking; Commitment to Jail

Sec. 16. (a) If the court is not in session, the officer making the arrest shall cause the person to enter into a written undertaking, with surety to be approved by the officer. The written undertaking must contain the person's assurances to:
(1) personally appear in open court;
(2) answer the contempt; and
(3) pay to the plaintiff all damages and costs occasioned by the breach of the order.
(b) In default of the provisions in subsection (a), the person shall be committed to the jail of the county, until the person enters into a written undertaking with surety, or is otherwise legally discharged.
[Pre-1998 Recodification Citation: 34-1-10-12.]
As added by P.L.1-1998, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-17. Stay of Proceedings; Dissolution; Damages

Sec. 17. (a) This section applies when an injunction to stay proceedings after judgment for debt or damages is dissolved.
(b) The court shall award damages, not exceeding ten percent (10%), on the judgment, as the court considers right against the party in whose favor the injunction issued.
[Pre-1998 Recodification Citation: 34-1-10-13.]
As added by P.L.1-1998, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 1. Injunctions and Restraining Orders Generally › 34-26-1-18. Stay of Proceedings; Recovery of Real Estate; Damages

Sec. 18. (a) This section applies if an injunction to stay proceedings after verdict or judgment in an action for the recovery or possession of real estate is dissolved.
(b) The damages assessed against the party obtaining the injunction shall include the reasonable rents and profits of the land recovered and all waste committed after granting the injunction.
[Pre-1998 Recodification Citation: 34-1-10-14.]
As added by P.L.1-1998, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 2. Repealed

[Pre-1998 Recodification Citations:
34-26-2-1formerly 34-4-5.1-2(a)34-26-2-2formerly 34-4-5.1-2(b)34-26-2-3formerly 34-4-5.1-2(c)34-26-2-4formerly 34-4-5.1-2(d)34-26-2-5formerly 34-4-5.1-2.3(a) part34-26-2-6formerly 34-4-5.1-2.3(a) part34-26-2-7formerly 34-4-5.1-2.3(b)34-26-2-8formerly 34-4-5.1-2.3(c)34-26-2-9formerly 34-4-5.1-2.3(d)34-26-2-10formerly 34-4-5.1-2.534-26-2-11formerly 34-4-5.1-434-26-2-12formerly 34-4-5.1-5(a)34-26-2-13formerly 34-4-5.1-5(b)34-26-2-14formerly 34-4-5.1-5(c)34-26-2-15formerly 34-4-5.1-634-26-2-16formerly 34-4-5.1-834-26-2-17formerly 34-4-5.1-9.]
Repealed by P.L.133-2002, SEC.69.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 3. Injunction Against Posting of Notices and Bills on Telephone and Utility Poles › 34-26-3-1. Injunction or Order of Removal

Sec. 1. Upon petition by any party, the court may enjoin the posting of, or may order the removal of, handbills, notices, or other written material on telephone or utility poles in any case in which the court finds that to allow the posting, or permit the posting to continue, would be either unsafe or unsightly.
[Pre-1998 Recodification Citation: 34-4-27-1.]
As added by P.L.1-1998, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 4. Injunction Against Distribution of Tobacco to Persons Less Than 18 Years of Age › 34-26-4-1. Violation of Ic 35-46-1-10; Application for Injunction

Sec. 1. If a violation of IC 35-46-1-10 is being committed, any person may apply for an order enjoining the violation from the circuit court or a superior court of the county in which the violation occurs.
[Pre-1998 Recodification Citation: 34-4-38-2.]
As added by P.L.1-1998, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 26. Special Proceedings: Injunctions and Restraining Orders › Chapter 4. Injunction Against Distribution of Tobacco to Persons Less Than 18 Years of Age › 34-26-4-2. Issuance of Injunction or Order; Costs and Attorney's Fees; Waiver of Bond

Sec. 2. (a) Upon a showing that a person has violated IC 35-46-1-10, the court may grant:
(1) an injunction, restraining order, or other appropriate order; and
(2) the costs and reasonable attorney's fees of the person bringing the action.
(b) The court may grant an order under subsection (a) without requiring the person bringing the action to post a bond.
[Pre-1998 Recodification Citation: 34-4-38-3.]
As added by P.L.1-1998, SEC.22.