Title 34, CIVIL LAW AND PROCEDURE

Sec. 3. When an action is filed under section 2 of this chapter, the prosecuting attorney or the inspector general may move for an order to have property subject to forfeiture seized by a law enforcement agency. The judge shall issue such an order upon a showing of probable cause…

Sec. 4. (a) Property subject to forfeiture under this chapter shall be seized by a law enforcement officer upon court order. Seizure may be made without a court order only if: (1) the seizure is incident to a lawful arrest or search, or to an inspection under an administrative in…

Sec. 5. (a) If a person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract did not know the property was the object of corrupt business influence or conduct described in section 2(b) of this chapter, the court shall determine whether…

Sec. 6. (a) An aggrieved person may, in addition to proceeding under section 4 of this chapter, bring an action for injunctive relief from corrupt business influence in a circuit or superior court in the county of the aggrieved person's residence, or in a county where any of the …

Sec. 7. In any action brought under this chapter (or IC 34-4-30 before its repeal), the principle of collateral estoppel operates to bar relitigation of the issues previously determined in a criminal proceeding under IC 35-45-6-2. [Pre-1998 Recodification Citation: 34-4-30.5-6.] …

Sec. 8. (a) A prosecuting attorney or the inspector general may retain an attorney to bring an action under this chapter. (b) An attorney retained under this section is not required to be a deputy prosecuting attorney but must be admitted to the practice of law in Indiana. [Pre-1…

Sec. 1. (a) At or after the time of filing a complaint, the plaintiff may have an attachment against the property of the defendant, in the cases described in subsection (b) and in the manner described in this chapter. (b) The plaintiff may attach property when the action is for t…

Sec. 10. An order of attachment binds the defendant's property in the county subject to execution and becomes a lien on the property from the time of the delivery of the order to the sheriff, in the same manner as an execution. [Pre-1998 Recodification Citation: 34-1-11-10.] As a…

Sec. 11. (a) The sheriff shall first take the defendant's personal property under an attachment. (b) If the sheriff does not find enough personal property of the defendant to satisfy the plaintiff's claim and costs of the action, then the sheriff shall take the defendant's real e…

Sec. 12. The defendant or other person who has possession of attached property may have the property, or any part of the property, delivered to the defendant or person by executing and delivering to the sheriff a written undertaking, with surety, to be approved by the sheriff, pa…

Sec. 13. Whenever any person other than the defendant claims any property attached, the right of property may be tried as in cases of property taken in execution, and the claimant, having notice of the attachment, shall be bound to prosecute the claim as in such cases or be barre…

Sec. 14. The defendant or claimant of any attached property may be required by the court to appear and give information, under oath, respecting the property. [Pre-1998 Recodification Citation: 34-1-11-15.] As added by P.L.1-1998, SEC.20.

Sec. 15. Goods attached in the hands of a consignee are subject to a lien for any debt due the consignee from the consignor. [Pre-1998 Recodification Citation: 34-1-11-16.] As added by P.L.1-1998, SEC.20.

Sec. 16. If the defendant or other person representing the defendant, at any time before judgment, executes a written undertaking to the plaintiff with sufficient surety, to be approved by the court, clerk, or sheriff, to the effect that the defendant will: (1) appear in the acti…

Sec. 17. When attached personal property is perishable in nature or expensive to keep, the court may direct the sheriff to sell the property at public auction upon reasonable notice. If the property is liable to immediate damage, the sheriff may sell the property by giving ten (1…

Sec. 18. The sheriff shall be allowed by the court the necessary expenses of keeping the attached property, to be paid by the plaintiff and taxed in the costs. [Pre-1998 Recodification Citation: 34-1-11-19.] As added by P.L.1-1998, SEC.20.

Sec. 19. (a) This section applies when the first attaching creditor dismisses the action or proceedings in attachment. (b) A dismissal described in subsection (a) does not operate as a dismissal of the action or proceedings of any subsequent attaching creditor. [Pre-1998 Recodifi…

Sec. 2. (a) Except as provided in subsection (b), an attachment, may not issue against any debtor while the debtor's spouse and family remain settled within the county where the debtor usually resided before the debtor's absence, if the debtor does not remain absent from Indiana …

Sec. 20. (a) After appearing in the action, a defendant against whom an order of attachment has been issued may move to have: (1) the attachment discharged; and (2) restitution awarded for any property taken under the attachment. (b) An appearance in the action may not operate to…

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…

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.

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 dis…

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, with…

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.

Sec. 3. If the spouse or family of the debtor: (1) refuse or are unable to: (A) account for the debtor's absence; or (B) indicate the place where the debtor may be found; or (2) give a false account of the debtor's absence or place where the debtor may be found; the refusal, inab…

Sec. 4. The plaintiff or a person representing the plaintiff shall make an affidavit showing: (1) the nature of the plaintiff's claim; (2) that the plaintiff's claim is just; (3) the amount that the plaintiff ought to recover; and (4) that one (1) of the grounds for an attachment…

Sec. 5. Except for actions filed by the attorney general under IC 5-11-5-1 or IC 5-11-6-1, the plaintiff or a person representing the plaintiff shall execute a written undertaking, with sufficient surety, to be approved by the clerk, payable to the defendant, to the effect that t…

Sec. 6. Upon the filing of the affidavit and written undertaking in the office of the clerk, the clerk shall issue an order of attachment, which shall be directed and delivered to the sheriff. The order of attachment must require the sheriff to seize and take into possession the …

Sec. 7. Orders of attachment may be issued to the sheriff of any other county, and several orders of attachment may, at the option of the plaintiff, be issued at the same time or in succession. Only the costs of orders of attachment that have been executed in whole or in part sha…

Sec. 8. An order of attachment may be issued and executed on Sunday, if the plaintiff's affidavit shows that the defendant is about to abscond on that day, to the injury of the plaintiff. [Pre-1998 Recodification Citation: 34-1-11-8.] As added by P.L.1-1998, SEC.20.

Sec. 9. The sheriff shall proceed, with the assistance of a disinterested and credible householder of the county, to: (1) attach the lands, tenements, goods, and chattels of the defendant, subject to execution; and (2) make an inventory and appraisement of the property described …

Sec. 1. The writ of prohibition commands the court and party to whom the writ is directed: (1) to refrain from any further proceedings in the matter specified in the action until the return of the writ and further order of the court; and (2) upon the return, to show cause why the…

Sec. 2. The court renders judgment by either: (1) issuing a prohibition absolute, restraining the court and party from proceeding; or (2) authorizing the court and party to proceed; in the matter in question. [Pre-1998 Recodification Citation: 34-1-58-7.] As added by P.L.1-1998, …

Sec. 1. Except as provided in section 1.5 of this chapter, the circuit courts, superior courts, and probate courts in Indiana may change the names of natural persons on application by petition. [Pre-1998 Recodification Citation: 34-4-6-1.] As added by P.L.1-1998, SEC.24. Amended …

Sec. 1.5. (a) The following definitions apply throughout this section: (1) "Lifetime sex or violent offender" means a person convicted of an offense that currently requires a person to register as a sex or violent offender for life under IC 11-8-8-19, regardless of the date the c…

Sec. 2. (a) The petition described in section 1 of this chapter must: (1) if applicable, include the information required by section 2.5 of this chapter; (2) in the case of a petition filed by a person described in section 2.5 of this chapter, be subscribed and sworn to (or affir…

Sec. 2.5. (a) If a person petitioning for a change of name under this chapter is at least seventeen (17) years of age, the person's petition must include at least the following information: (1) The person's date of birth. (2) The person's current: (A) residence address; and (B) i…

Sec. 3. (a) Upon filing a petition for a name change, the applicant shall give notice of the petition as follows: (1) By three (3) weekly publications in a newspaper of general circulation published in the county in which the petition is filed in court. (2) If no newspaper is pub…

Sec. 4. (a) Proof of the publication required in this chapter is made by filing a copy of the published notice, verified by the affidavit of a disinterested person, and when proof of publication is made, the court shall, subject to the limitations imposed by subsections (b), (c),…

Sec. 5. (a) A copy of the decree of the court changing the name of any natural person, certified under the seal of the court by the clerk of the court, is sufficient evidence of the name of the person, and of a change having been made, in any court of Indiana. (b) In the case of …

Sec. 1. The following persons are privileged from arrest on civil process, and from obeying any subpoena to testify: (1) All officers of the general assembly during their attendance, at the general assembly and during the time they are going to, and returning from the place of me…

Sec. 2. A person shall not be arrested in any place of worship during service, except in cases of emergency. [Pre-1998 Recodification Citation: 34-4-11-2.] As added by P.L.1-1998, SEC.25.

Sec. 3. An attachment for contempt, for failure to obey the command of a subpoena to testify, is a civil process within the meaning of this article. [Pre-1998 Recodification Citation: 34-4-11-4.] As added by P.L.1-1998, SEC.25.

Sec. 1. (a) This chapter contains a list of references to other limited liability provisions outside IC 34. (b) Listing in this chapter does not equate to the creation of a limit on civil liability, and failure to be listed in this chapter does not negate a limit on civil liabili…

Sec. 1.5. IC 8-1-31.6-6 (Concerning a water utility for any property restoration costs that are necessitated by the replacement of customer owned lead service lines on a property owner's property). As added by P.L.6-2024, SEC.7.

Sec. 10. IC 34-18-14-3 (Concerning health care providers for medical malpractice). [1998 Recodification Citation: New.] As added by P.L.1-1998, SEC.27.