Order for possession; expedited hearing; temporary restraining
orders instead of order for possession
Sec. 4. (a) If a court issues an order of possession under section
3 of this chapter, the defendant or other person from whom
possession of the property has been taken may apply to the court for
an order shortening the time for hearing on the order to show cause.
The court may shorten the time for the hearing and direct that the
matter be heard on at least forty-eight (48) hours notice to the
plaintiff. An order of possession issued under section 3 of this
chapter must direct the sheriff or other executing officer to hold the
property until further order of the court.
(b) If a court does not issue an order of possession under section
3 of this chapter, the court may, in addition to issuing an order to
show cause, issue temporary restraining orders against the defendant
as needed to preserve the rights of the parties with respect to the
property and the status of the property. The court shall issue the
temporary restraining orders in accordance with the rules of the
supreme court governing the issuance of injunctions.
As added by P.L.2-2002, SEC.15.
Last modified: May 24, 2006