Sec. 9. (a) If a defendant or the defendant’s attorney is in open court when the court issues the order of possession, a copy of the order shall be delivered to the defendant and the delivery noted in the order book.

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Terms Used In Indiana Code 32-30-3-9

  • 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
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
     (b) If the defendant and the defendant’s attorney are not present, sufficient copies of the order shall be delivered to the sheriff or other executing officer. The executing officer shall, without delay, serve upon the defendant a copy of the order of possession by delivering the order to the defendant personally or to the defendant’s agent. If the executing officer cannot find the defendant or the defendant’s agent, the executing officer shall leave the order at the defendant’s usual place of abode or with some person of suitable age and discretion. If the defendant and the defendant’s agent do not have any known usual place of abode, the executing officer shall mail the order to the defendant’s last known address.

[Pre-2002 Recodification Citation: 32-6-1.5-9.]

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

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