Indiana Code 34-45-1-1. Attachment; affidavit; knowledge of service
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Terms Used In Indiana Code 34-45-1-1
- 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.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Summons: Another word for subpoena used by the criminal justice system.
Sec. 1. An attachment shall not issue against a witness who has been served a copy only of the summons until the party applying for the attachment or the party’s attorney makes an affidavit in the court from which the party is seeking the attachment, stating that the party or the party’s attorney has reasonable cause to believe, and does believe, that the witness against whom the summons issued has knowledge of the service of the summons by copy in time to have obeyed its command.
[Pre-1998 Recodification Citation: 34-1-14-1.]
As added by P.L.1-1998, SEC.41.