Indiana Code 32-31-11-3. Motion by tenant to prohibit disclosure of records in eviction action upon dismissal, judgment in favor of tenant, or overturning of judgment against tenant; court order; timing of order; appellate court duties; pending evict…
(1) the eviction action is dismissed by the court:
Terms Used In Indiana Code 32-31-11-3
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- 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
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(B) upon:
(i) petition by the tenant; or
(ii) the court’s own motion;
under IC 32-31-10-4 as a result of the landlord’s failure to prosecute the case;
(2) a judgment in favor of the tenant is entered by the court; or
(3) a judgment is entered by the court against the tenant, and the judgment is subsequently overturned or vacated on appeal;
the court in which the eviction action was filed, upon motion by the tenant, shall order the clerk of the court and the operator of any state, regional, or local case management system not to disclose or permit disclosure of any records in the case, including the petition by the landlord for possession of the rental unit. In an order issued under this subsection, the court shall direct the clerk of the court to redact or permanently seal the court’s own records related to the eviction action.
(b) If the court issues an order under subsection (a), the court and the operator of any state, regional, or local case management system shall not disclose or permit disclosure of any records in the eviction action, including the petition by the landlord for possession of the rental unit:
(1) other than to any person under a court order;
(2) other than to a law enforcement agency for an authorized law enforcement activity; or
(3) unless authorized under this chapter or otherwise required by law.
(c) The court shall issue an order under subsection (a) at the time:
(1) the action is dismissed;
(2) the judgment in favor of the tenant is entered; or
(3) the opinion overturning or vacating the judgment against the tenant becomes final;
as applicable, without holding an additional hearing.
(d) If an appellate court overturns or vacates a judgment entered against a tenant in an eviction action, as described in subsection (a)(3), and the court in which the action is filed then enters an order prohibiting the disclosure of any records in the action under subsection (a), the appellate court shall:
(1) redact the opinion or memorandum decision as it appears on the computer gateway administered by the office of technology so that it does not include the name of the tenant; and
(2) provide a redacted copy of the opinion to any publisher or organization to whom the opinion or memorandum decision is provided after the date of the order under subsection (a).
The Indiana supreme court and the court of appeals are not required to redact, destroy, or otherwise dispose of any copy of an opinion or memorandum decision that includes the name of the tenant and that was created before the date of the order under subsection (a).
(e) This section does not affect an order that is issued by a court and that:
(1) is made in compliance with an order of the Indiana supreme court issued in connection with a residential eviction diversion program that complies with IC 32-31-10-5(b); and
(2) makes court records related to a pending eviction action confidential.
Records related to a pending eviction action that are made confidential under an order described in this subsection retain or lose their confidential status in accordance with the court’s order.
As added by P.L.164-2022, SEC.3.