Notice to appear in court; form
Sec. 6. (a) Upon the filing of a complaint under this chapter, the
circuit court clerk shall issue a notice requiring the defendants to
appear before the court on the day to be fixed by the plaintiff by
indorsement on the complaint at the time of filing the complaint, and
to show cause, if any, why the property sought to be condemned
should not be acquired. The notice shall be substantially in the
following form:
In the ____________ Court of Indiana.
To the Sheriff of ____________ County, Indiana:
You are hereby commanded to notify _______________,
defendants, to appear before the __________ Court of
_____________ County, Indiana on the ____ day of _________,
20_______, at _______ o'clock, __ M. to show cause, if any, they
have why the property sought to be acquired in the complaint of
_______ should not be acquired.
Witness my hand and the seal of the court affixed at
_____________, Indiana, this ___ day of __________, 20_______.
Clerk of _________________ Court.
(b) The notice shall be served in the same manner as a summons
is served in civil actions. Upon a showing by affidavit that any
defendant is a nonresident of Indiana or that the defendant's name or
residence is unknown, publication and proof of the notice may be
made as provided in section 7 of this chapter.
As added by P.L.2-2002, SEC.9.
Last modified: May 24, 2006