Ind. Code ch. 34-25.5-4

in effect

Ind. Code § 34-25.5-4-1 Sickness or infirmity of applicant; procedure

Sec. 1. The court or judge, if satisfied of the truth of the allegation of sickness or infirmity under IC 34-25.5-3-5, may: (1) proceed to decide on the return; or (2) adjourn the hearing: (A) until the party can be produced; or (B) for other good cause. [Pre-1998 Recodification Citation: 34-1-57-11 part.] As added by P.L.1-1998, SEC.21.

Ind. Code § 34-25.5-4-2 Return of writ; proceedings and pleadings

Sec. 2. The applicant may: (1) except to the sufficiency of, or controvert the return, or any part of the return; or (2) allege any new matter in avoidance. The new matter must be verified except in cases of commitment on a criminal charge. The return and pleadings may be amended without causing any delay. [Pre-1998 Recodification Citation: 34-1-57-11 part.] As added by P.L.1-1998, SEC.21.

Ind. Code § 34-25.5-4-3 Summary hearings

Sec. 3. The court or judge shall proceed in a summary way to hear and determine the cause. If no legal cause is shown for the restraint or for the continuation of the restraint, the court shall discharge the applicant. [Pre-1998 Recodification Citation: 34-1-57-12.] As added by P.L.1-1998, SEC.21.

Ind. Code § 34-25.5-4-4 Powers of court or judge

Sec. 4. The court or judge may require and compel the attendance of witnesses and do all other acts necessary to determine the case. [Pre-1998 Recodification Citation: 34-1-57-17.] As added by P.L.1-1998, SEC.21.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/34Fetched: 10/17/2026