Indiana § 32-30-3-5 - Hearing on order to show cause; court determinations; prejudgment orders; appointment of receiver

Full text of Indiana Indiana Code § 32-30-3-5 — Hearing on order to show cause; court determinations; prejudgment orders; appointment of receiver, with citation guidance and answers to common questions.

§ 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.

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 32-30-3-5

What does Indiana Code § 32-30-3-5 cover?

Section 32-30-3-5 ("Hearing on order to show cause; court determinations; prejudgment orders; appointment of receiver") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 32-30-3-5?

A common citation format is "Indiana Code § 32-30-3-5" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 32-30-3-5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.