Indiana Order of Detention Pending Trial is an order issued by a court when an individual is facing criminal charges and is deemed to be a risk of flight or a danger to the community. It requires the individual to be detained in jail or a secure facility until their trial. There are two types of Indiana Order of Detention Pending Trial: judicial and non-judicial. Judicial Order of Detention Pending Trial is issued by a judge who has conducted a hearing to determine whether the accused person is a flight risk or a danger to the community. The judge will consider the facts of the case, the severity of the crime, and the accused’s criminal history before making a decision. Non-Judicial Order of Detention Pending Trial is issued by a prosecutor who has requested the court to detain an individual without the benefit of a hearing. The prosecutor must demonstrate to the court that there is probable cause to believe the accused is a flight risk or a danger to the community.
Indiana Order of Detention Pending Trial
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If a counterclaim or cross-claim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim or cross-claim can remain pending for independent adjudication by the court.
A judge who is unable to attend and preside at his court for any cause may appoint in writing a judge pro tempore to conduct the business of this court during his absence. The written appointment shall be entered in the records of the court.
A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.
A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted, and the action has not been placed upon the trial calendar, he may so amend it at any time within thirty 30 days after it is served.
Trial Rule 75(A) a case may be commenced in any court or county subject to transfer to a county of preferred venue or a change of venue from the county. all or some of the property is located or can be found if the case seeks only an in rem judgment against the property due to service by publication.
A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted, and the action has not been placed upon the trial calendar, he may so amend it at any time within thirty 30 days after it is served.
When a governmental representative is named as a party in his individual name or in his individual name along with his official title, the judgment, in an appropriate case, may bind him in his individual capacity, but no judgment against him in his individual capacity shall be rendered against him unless he is so named
Any person who falsifies an affirmation or representation of fact shall be subject to the same penalties as are prescribed by law for the making of a false affidavit.