Order to appear; order to show cause; requirements
Sec. 2. (a) Upon the filing of an affidavit described in section 1 of
this chapter, the clerk shall issue an order for a time fixed by the
judge directing the defendant to appear to controvert the affidavit or
to show cause why the judge should not remove the defendant from
the property and put the plaintiff in possession. The order to show
cause must direct the time within which the order must be served on
the defendant and set forth the date, time, and place for the hearing,
which may take place no earlier than five (5) business days after the
date of service on the defendant.
(b) The order to show cause must state the following:
(1) The defendant may file supporting affidavits with the court.
(2) The defendant may appear and present supporting testimony
at the hearing on the order to show cause.
(3) The defendant may file with the court a written undertaking
to stay the delivery of the property under this chapter.
(4) The judge may issue a judgment of possession in favor of
the plaintiff if the defendant fails to appear at the hearing.
As added by P.L.2-2002, SEC.15.
Last modified: May 24, 2006