CHAPTER 1. INJUNCTIONS AND RESTRAINING ORDERS GENERALLY
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 ordersdiscussed in this article, the following statutes also containprovisions 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 racketeeringactivities).
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 ordersand injunctions
Sec. 2. Restraining orders and injunctions may be granted by thesupreme court or a justice of the supreme court when necessary andproper for the due exercise of the jurisdiction and powers of thesupreme court.
As added by P.L.1-1998, SEC.22.
IC 34-26-1-3
Circuit courts and judges authorized to grant temporaryinjunctions or restraining orders
Sec. 3. (a) Restraining orders and injunctions may be granted bythe circuit courts or the judges of the circuit courts in their respectivecounties.
(b) If the circuit court judges are:
(1) absent from their circuits; or
(2) by reason of sickness or other cause unable or incompetentto hear and determine the granting of a temporary injunction orrestraining order;
any circuit court judge of an adjoining circuit may hear anddetermine 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 orderpermanent or operable in other county; place of filing petition
Sec. 4. (a) The regular presiding judge in the county where thepetition was filed shall hear and determine whether an injunction orrestraining order issued under section 3(b) of this chapter (orIC 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 tooperate in any other county in the circuit.
(c) All petitions for restraining orders and injunctions shall befiled in the clerk's office in the county in which the order orinjunction 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 entitledto the relief demanded, and the relief or any part of the reliefconsists in restraining the commission or continuance of someact, the commission or continuance of which, during thelitigation, 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 thesubject of the action, and tending to render the judgmentineffectual; or
(3) when the relief or part of the relief demanded by theplaintiff consists in restraining proceedings upon any final orderor judgment.
(b) An injunction may be granted to restrain an act or proceedingdescribed in subsection (a) until the further order of the court. Theinjunction 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 ofdefendant'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 thedefendant's property, with intent to defraud the defendant's creditors,a temporary injunction may be granted, to restrain the removal ordisposition 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 asmuch of the complaint as pertains to the acts or proceedings to beenjoined, must be verified by affidavit. The injunction may begranted at the time of commencing the action, or at any timeafterwards 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 ortemporary injunction, each party may read affidavits or documentaryor 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, suchterms and conditions may be imposed upon the party obtaining theinjunction 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 atemporary restraining order, the plaintiff shall not be required toenter into a second written undertaking unless the originalundertaking is considered insufficient. However, the plaintiff and theplaintiff'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 theclerk, which shall be served promptly by delivering the order to theadverse party.
As added by P.L.1-1998, SEC.22.
IC 34-26-1-12
Stay of proceedings; endorsement of release of errors uponcomplaint
Sec. 12. In applications to stay proceedings after judgment, theplaintiff shall endorse upon the complaint a release of errors in thejudgment 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, subjectto 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 orjudge granting an order of injunction, by affidavit, that any personhas willfully disobeyed the order.
(b) After giving notice, the court or judge shall award anattachment for contempt against the party charged or a rule to showcause why the attachment for contempt should not issue. Theattachment or rule shall be issued by the clerk of the court, anddirected 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 servedby arresting the party charged, and bringing the party into court, if insession, to be dealt with as in other cases of contempt. The courtshall also take all necessary measures to secure and indemnify theplaintiff 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 thearrest shall cause the person to enter into a written undertaking, withsurety to be approved by the officer. The written undertaking mustcontain 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 thebreach of the order.
(b) In default of the provisions in subsection (a), the person shallbe committed to the jail of the county, until the person enters into awritten 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 stayproceedings 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 partyin 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 stayproceedings after verdict or judgment in an action for the recoveryor possession of real estate is dissolved. (b) The damages assessed against the party obtaining theinjunction shall include the reasonable rents and profits of the landrecovered and all waste committed after granting the injunction.
As added by P.L.1-1998, SEC.22.