Hearing on order to show cause; court determinations;
prejudgment orders; appointment of receiver
Sec. 5. (a) After the hearing on the order to show cause, the court
shall:
(1) consider the pleadings, evidence, and testimony presented
at the hearing; and
(2) determine with reasonable probability which party is
entitled to possession, use, and enjoyment of the property.
The court's determination is preliminary pending final adjudication
of the claims of the parties. If the court determines that the action is
an action in which a prejudgment order of possession in plaintiff
favor should issue, the court shall issue the order.
(b) The court may issue the prejudgment order of possession in
favor of the plaintiff if the defendant fails to appear at the hearing on
the order to show cause.
(c) If the plaintiff's property has a peculiar value that cannot be
compensated by damages, the court may appoint a receiver to take
possession of and hold the property until further order of the court.
As added by P.L.2-2002, SEC.15.
Last modified: May 24, 2006