CHAPTER 3. SERVICE AND RETURN OF WRIT

IC 34-25.5-3
    Chapter 3. Service and Return of Writ

IC 34-25.5-3-1
Delivery of writ to sheriff
    Sec. 1. If the writ is directed to the sheriff, the clerk shall deliverit to the sheriff without delay.
As added by P.L.1-1998, SEC.21.

IC 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 bedelivered to the sheriff. The sheriff shall serve the writ by deliveringthe writ to the person without delay.
As added by P.L.1-1998, SEC.21.

IC 34-25.5-3-3
Service of writ by leaving at residence or affixing in conspicuousplace
    Sec. 3. If the person to whom a writ is directed cannot be foundor refuses admittance to the sheriff, the writ may be served by:
        (1) leaving the writ at the residence of the person to whom thewrit is directed; or
        (2) affixing the writ on some conspicuous place, either at theperson's dwelling house or where the party is confined or underrestraint.
As added by P.L.1-1998, SEC.21.

IC 34-25.5-3-4
Return of writ required
    Sec. 4. The sheriff or other person to whom the writ is directedshall return the writ immediately and if the person to whom the writis directed refuses after due service to return the writ, the court shallenforce obedience by attachment.
As added by P.L.1-1998, SEC.21.

IC 34-25.5-3-5
Return of writ; requisites
    Sec. 5. The return must be signed and verified by the personmaking it, who shall state the following:
        (1) The authority or cause of the restraint of the applicant in thecustody of the person to whom the writ is directed.
        (2) If the authority is in writing, the person to whom the writ isdirected shall return a copy and produce the original at thehearing.
        (3) If the person to whom the writ is directed has had theapplicant in custody or under restraint, and has transferred theapplicant to another, the person to whom the writ is directedshall state to whom, the time, place, and cause of the applicant'stransfer.The person to whom the writ is directed shall produce the applicantat the hearing unless prevented by sickness or infirmity, which mustbe shown in the return.
As added by P.L.1-1998, SEC.21.

IC 34-25.5-3-6
Issuance of writ or process by clerk of court; time for service andreturn
    Sec. 6. (a) All writs and other process authorized under this articleshall 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 andreturned immediately unless the court or judge specifies a particulartime for the return.
As added by P.L.1-1998, SEC.21.

IC 34-25.5-3-7
Immaterial defects in writ or process
    Sec. 7. A writ or other process shall not be disregarded for anydefect if enough is shown to notify the officer or person to whom thewrit is directed of the purpose of the process.
As added by P.L.1-1998, SEC.21.

IC 34-25.5-3-8
Amendments to writ; temporary commitments
    Sec. 8. The court may allow amendments to a writ, and temporarycommitments, when necessary.
As added by P.L.1-1998, SEC.21.