CHAPTER 3. SERVICE AND RETURN OF WRIT
IC 34-25.5-3
Chapter 3. Service and Return of Writ
IC 34-25.5-3-1
Delivery of writ to sheriff
Sec. 1. If the writ is directed to the sheriff, the clerk shall deliver
it to the sheriff without delay.
As added by P.L.1-1998, SEC.21.
IC 34-25.5-3-2
Writs directed to any other person; delivery and service by sheriff
Sec. 2. If the writ is directed to any other person, the writ shall be
delivered to the sheriff. The sheriff shall serve the writ by delivering
the writ to the person without delay.
As added by P.L.1-1998, SEC.21.
IC 34-25.5-3-3
Service of writ by leaving at residence or affixing in conspicuous
place
Sec. 3. If the person to whom a writ is directed cannot be found
or refuses admittance to the sheriff, the writ may be served by:
(1) leaving the writ at the residence of the person to whom the
writ is directed; or
(2) affixing the writ on some conspicuous place, either at the
person's dwelling house or where the party is confined or under
restraint.
As added by P.L.1-1998, SEC.21.
IC 34-25.5-3-4
Return of writ required
Sec. 4. The sheriff or other person to whom the writ is directed
shall return the writ immediately and if the person to whom the writ
is directed refuses after due service to return the writ, the court shall
enforce obedience by attachment.
As added by P.L.1-1998, SEC.21.
IC 34-25.5-3-5
Return of writ; requisites
Sec. 5. The return must be signed and verified by the person
making it, who shall state the following:
(1) The authority or cause of the restraint of the applicant in the
custody of the person to whom the writ is directed.
(2) If the authority is in writing, the person to whom the writ is
directed shall return a copy and produce the original at the
hearing.
(3) If the person to whom the writ is directed has had the
applicant in custody or under restraint, and has transferred the
applicant to another, the person to whom the writ is directed
shall state to whom, the time, place, and cause of the applicant's
transfer.
The person to whom the writ is directed shall produce the applicant
at the hearing unless prevented by sickness or infirmity, which must
be shown in the return.
As added by P.L.1-1998, SEC.21.
IC 34-25.5-3-6
Issuance of writ or process by clerk of court; time for service and
return
Sec. 6. (a) All writs and other process authorized under this article
shall be issued by the clerk of the court, and, except summonses,
sealed with the seal of the court.
(b) Documents described in subsection (a) shall be served and
returned immediately unless the court or judge specifies a particular
time for the return.
As added by P.L.1-1998, SEC.21.
IC 34-25.5-3-7
Immaterial defects in writ or process
Sec. 7. A writ or other process shall not be disregarded for any
defect if enough is shown to notify the officer or person to whom the
writ is directed of the purpose of the process.
As added by P.L.1-1998, SEC.21.
IC 34-25.5-3-8
Amendments to writ; temporary commitments
Sec. 8. The court may allow amendments to a writ, and temporary
commitments, when necessary.
As added by P.L.1-1998, SEC.21.