Title 32, PROPERTY

Sec. 24. If the defendant files an undertaking under section 22 of this chapter before the hearing of the order to show cause, proceedings under the order to show cause terminate, unless exception is taken to the surety. [Pre-2002 Recodification Citation: 34-21-5-4.] As added by …

Sec. 25. If the property is in the custody of the executing officer at the time the defendant files an undertaking under section 22 of this chapter, the property shall be redelivered to the defendant not later than five (5) days after the date of service of notice of the filing o…

Sec. 26. (a) If: (1) any officer, by virtue of any writ of attachment or execution lawfully issued to the officer, attaches or levies upon any personal property as the property of the attachment or execution defendant; and (2) any other person, firm, limited liability company, or…

Sec. 27. If the defendant or the defendant's attorney is in open court at the time the order of possession is issued under this chapter, a copy of the order shall be delivered promptly to the defendant and the delivery shall be noted in the order book. [Pre-2002 Recodification Ci…

Sec. 28. If the defendant and the defendant's attorney are not present in open court when the order of possession is issued under this chapter, sufficient copies of the order shall be delivered to the sheriff or other executing officer. The executing officer shall, without delay,…

Sec. 29. (a) Upon serving on the defendant a copy of the order of possession under section 28 of this chapter, the executing officer, except as provided in subsection (b), shall immediately take the property into custody if the property is in the possession or control of the defe…

Sec. 3. If a plaintiff claims delivery under section 2 of this chapter, the plaintiff or someone representing the plaintiff shall file an affidavit. [Pre-2002 Recodification Citation: 34-21-2-2.] As added by P.L.2-2002, SEC.20.

Sec. 30. If the property or any part of the property that is subject to an order of possession issued under this chapter is: (1) in a building or enclosure; and (2) not voluntarily delivered; the executing officer shall cause the building or enclosure to be broken open in a manne…

Sec. 31. An executing officer who has taken property subject to an order of possession issued under this chapter shall: (1) keep it in a secure place; and (2) deliver it to the party entitled to the property upon receiving actual, reasonable, and necessary expenses for keeping th…

Sec. 32. After taking property subject to an order of possession issued under this chapter, an executing officer shall: (1) note the executing officer's proceedings in writing upon the order of possession; and (2) return the order of possession to the court in which the action is…

Sec. 33. In an action to recover the possession of personal property, judgment for the plaintiff may be for: (1) the delivery of the property, or the value of the property in case delivery is not possible; and (2) damages for the detention of the property. [Pre-2002 Recodificatio…

Sec. 34. In an action to recover the possession of personal property, if the property has been delivered to the plaintiff and the defendant claims a return of the property, judgment for the defendant may be for: (1) the return of the property, or its value, in case return is not …

Sec. 35. In actions for the recovery of specific personal property, the jury must assess: (1) the value of the property; and (2) the damages for the taking or detention of the property; when the jury's verdict results in a judgment for the recovery or return of the property. [Pre…

Sec. 4. An affidavit filed under section 3 of this chapter must: (1) show that the plaintiff is: (A) the owner of the property; or (B) lawfully entitled to the possession of the property; (2) show that: (A) the property was not: (i) taken for a tax, assessment, or fine under a st…

Sec. 5. If a plaintiff files an affidavit under section 3 of this chapter, the clerk shall issue an order for a time fixed by the judge directing the defendant to appear for the purpose of controverting plaintiff's affidavit or to otherwise show cause why: (1) a prejudgment order…

Sec. 6. (a) An order issued under section 5 of this chapter must set forth the date, time, and place for the hearing and direct the time within which service shall be made upon the defendant. (b) The hearing shall be scheduled not sooner than five (5) days, Sundays and holidays e…

Sec. 7. An order to show cause issued under section 5 of this chapter must inform the defendant that: (1) the defendant may: (A) file affidavits on the defendant’s behalf with the court; (B) appear and present testimony on the defendant’s behalf at the time of the hearing; and (C…

Sec. 8. The court may issue an order for possession under this chapter after examining the complaint, affidavits, and other evidence or testimony that the court may require. [Pre-2002 Recodification Citation: 34-21-4-1.] As added by P.L.2-2002, SEC.20.

Sec. 9. The court may issue an order for possession under this chapter before the hearing if probable cause appears that any of the following subdivisions apply: (1) The defendant gained possession of the property by theft or criminal conversion. (2) The property consists of one …

Sec. 1. The definitions in this chapter apply throughout this article. [Pre-2002 Recodification Citation: 32-14-2-1.] As added by P.L.2-2002, SEC.22.

Sec. 2. (a) "Copyright owner" means the owner of a copyright, enforceable under 17 U.S.C. 101 et seq., of a nondramatic musical work. (b) The term does not include the owner of a copyright in a motion picture or an audiovisual work, or in part of a motion picture or an audiovisua…

Sec. 3. (a) "Performing rights society" means an association or a corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners. (b) The term includes the following: (1) The American Society of Composers, Authors, and Publishers (ASCA…

Sec. 4. "Proprietor" means the owner of: (1) a professional office; (2) a retail establishment; (3) a restaurant; (4) a bar; (5) a tavern; or (6) an establishment similar to an establishment listed under subdivisions (1) through (5); that is located in Indiana, in which the publi…

Sec. 5. "Royalty" means a fee payable to a performing rights society for public performance rights. [Pre-2002 Recodification Citation: 32-14-2-5.] As added by P.L.2-2002, SEC.22.

Sec. 1. The definitions in IC 27-7-3-2 apply throughout this article. As added by P.L.95-2007, SEC.19.

Sec. 2. "Commitment" means a commitment for title insurance. As added by P.L.95-2007, SEC.19.

Sec. 3. "Estate" has the meaning set forth in IC 29-1-1-3. As added by P.L.95-2007, SEC.19.

Sec. 4. "Named insured owner" means the person identified in a policy or commitment as the insured owner or the proposed insured owner of an interest in real property that is insured or proposed to be insured under the policy or commitment. As added by P.L.95-2007, SEC.19.

Sec. 5. "Personal representative" has the meaning set forth in IC 29-1-1-3. As added by P.L.95-2007, SEC.19.

Sec. 6. "Policy" means a title insurance policy. As added by P.L.95-2007, SEC.19.

Sec. 7. "Power of appointment" means a power of appointment described in IC 32-17-6. As added by P.L.95-2007, SEC.19.

Sec. 8. "Trust" has the meaning set forth in IC 30-4-1-1. As added by P.L.95-2007, SEC.19.

Sec. 1. (a) A user may use an online tool to direct the custodian that carries, maintains, processes, receives, or stores the user's digital assets: (1) to disclose; or (2) not to disclose; some or all of the user's digital assets, including the content of electronic communicatio…

Sec. 10. Unless otherwise ordered by the court, directed by the user, or provided in the trust, a custodian shall disclose, to a trustee that is not an original user of the account, a catalogue of electronic communications sent or received by an original user or successor user an…

Sec. 11. (a) After an opportunity for a hearing under IC 29-3, a court may grant a guardian access to the digital assets of the protected person. (b) Unless otherwise ordered by a court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic …

Sec. 12. (a) The legal duties imposed on a fiduciary charged with managing tangible property, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality; also apply to a fiduciary charged with managing digital assets. (b) A fiduciary's or design…

Sec. 13. (a) Not more than sixty (60) days after receipt of the information required under sections 4 through 11 of this chapter, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient for: (1) the disclosure of digital assets; or (2) …

Sec. 14. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Revised Uniform Fiduciary Access to Digital Assets Act. As added by P.L.137-2016, SEC.14.

Sec. 15. This chapter: (1) modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq.; but (2) does not: (A) modify, limit, or supersede Section 101(c) of the Electronic Signatures in Global and National Commerce Act, 15 …

Sec. 2. (a) This article does not change or impair a right of: (1) a custodian; or (2) a user; under a terms-of-service agreement to access and use digital assets of the user. (b) This article does not give a fiduciary or designated recipient any new or expanded rights other than…

Sec. 3. (a) When disclosing digital assets of a user under this chapter, the custodian, at the custodian's sole discretion, may: (1) grant a fiduciary or designated recipient full access to the user's account; (2) grant a fiduciary or designated recipient partial access to the us…

Sec. 4. If a deceased user consented to, or a court directs, disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by t…

Sec. 5. Unless the user prohibited disclosure of the user's digital assets or a court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital as…

Sec. 6. To the extent that a power of attorney expressly grants an attorney in fact authority over the content of electronic communications sent or received by the principal, and unless directed otherwise by the principal or a court, a custodian shall disclose to the principal's …

Sec. 7. Unless otherwise ordered by a court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an attorney in fact having specific authority over the principal's digital assets or general authority to act on behalf of the principal a cat…

Sec. 8. Unless otherwise ordered by a court or provided in the trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account that is held in trust, including: (1) a catalogue of electronic communications of the trustee; and…