2014 Indiana Code TITLE 34. CIVIL LAW AND PROCEDURE ARTICLE 26. SPECIAL PROCEEDINGS: INJUNCTIONS AND RESTRAINING ORDERS CHAPTER 1. INJUNCTIONS AND RESTRAINING ORDERS GENERALLY
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IC 34-26
ARTICLE 26. SPECIAL PROCEEDINGS:
INJUNCTIONS AND RESTRAINING ORDERS
IC 34-26-1
Chapter 1. Injunctions and Restraining Orders Generally
IC 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).
As added by P.L.1-1998, SEC.22. Amended by P.L.2-2002, SEC.91.
IC 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.
As added by P.L.1-1998, SEC.22.
IC 34-26-1-3
Circuit 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 or the judges of the circuit courts in their respective
counties.
(b) If the circuit 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 judge of an adjoining circuit may hear and
determine the granting of a temporary injunction or restraining order.
As added by P.L.1-1998, SEC.22.
IC 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, or the circuit 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.
As added by P.L.1-1998, SEC.22.
IC 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.
As added by P.L.1-1998, SEC.22.
IC 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.
As added by P.L.1-1998, SEC.22.
IC 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.
As added by P.L.1-1998, SEC.22.
IC 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.
As added by P.L.1-1998, SEC.22.
IC 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.
As added by P.L.1-1998, SEC.22.
IC 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.
As added by P.L.1-1998, SEC.22.
IC 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.
As added by P.L.1-1998, SEC.22.
IC 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.
As added by P.L.1-1998, SEC.22.
IC 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.
As added by P.L.1-1998, SEC.22.
IC 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.
As added by P.L.1-1998, SEC.22.
IC 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.
As added by P.L.1-1998, SEC.22.
IC 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.
As added by P.L.1-1998, SEC.22.
IC 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.
As added by P.L.1-1998, SEC.22.
IC 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.
As added by P.L.1-1998, SEC.22.
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