Sec. 1. (a) This section applies to all actions:

(1) in ejectment; or

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Terms Used In Indiana Code 32-30-3-1

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) for the recovery of possession of real estate.

     (b) At the time of filing a complaint or at any time before judgment, a plaintiff may file with the clerk of the court in which the action is filed or pending an affidavit stating the following:

(1) The plaintiff is entitled to possession of the property described in the complaint.

(2) The defendant has unlawfully retained possession of the property described in the complaint.

(3) The estimated value of the property described in the complaint.

(4) The estimated rental value of the property described in the complaint.

[Pre-2002 Recodification Citation: 32-6-1.5-1.]

As added by P.L.2-2002, SEC.15.