Indiana Code 32-31-11-4. Eviction actions resolved before July 1, 2022, or for which order of nondisclosure not otherwise issued; right of tenant to petition court for nondisclosure order; required information; order or hearing; burden of proof
(1) an eviction action:
Terms Used In Indiana Code 32-31-11-4
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(B) results in an outcome described in section 3(a)(1) through 3(a)(3) of this chapter before July 1, 2022;
and the court in the action has not otherwise filed an order described in section 3 of this chapter; or
(2) the court has not otherwise issued an order under section 3 of this chapter in an eviction action that results, on or after July 1, 2022, in an outcome described in section 3(a)(1) through 3(a)(3) of this chapter;
the tenant in the action may petition the court in which the eviction action was filed to issue an order prohibiting the disclosure of any records in the action, including the petition by the landlord for possession of the rental unit, in accordance with section 3 of this chapter.
(b) A petition under subsection (a) must be verified by the petitioner and filed with court, and must include the following information:
(1) The petitioner’s full name.
(2) The petitioner’s date of birth.
(3) The petitioner’s current address.
(4) The case number or cause number of the eviction action.
(5) A description of why the petitioner is entitled to relief under this section, along with any supporting documentation or evidence.
(6) A sworn statement that a monetary judgment is not outstanding to the landlord in the eviction action with respect to which the petitioner seeks relief under this section.
(c) The court may do any of the following, with respect to a petition filed under subsection (a):
(1) Issue an order prohibiting the disclosure of any records in the action, in accordance with section 3 of this chapter, without a hearing, if the court determines that the petition contains sufficient information under subsection (b).
(2) Set the matter for a hearing if:
(A) the court determines that the petition does not contain sufficient information under subsection (b); or
(B) one (1) or more questions arise from the petition.
In a hearing under this subdivision, the petitioner bears the burden of proof with respect to whether the court should issue an order prohibiting the disclosure of any records in the eviction action in accordance with section 3 of this chapter.
As added by P.L.164-2022, SEC.3.