Ind. Porter Cnty. Local Rule LR64-SC00-1700

1700.10 Bifurcated Hearing and Expedited Hearing on Possession. Hearings in actions

involving the issue of possession of real estate shall be bifurcated. The possession hearing shall be

set in an expedited setting as an initial hearing to determine whether a breach of any lease term has

occurred. A final judgment for the possession of the real estate shall be entered at the initial

hearing and a judgment for back rent and/or other damages, if any, shall be entered at a separate

damages hearing, At least seven (7) days prior to the damages hearing, the landlord shall have

filed the Landlord Computation of Damages Form (See Appendix 1). At the damages hearing, the

parties shall be required to advise the Court of any subsequent change of address during the

pendency of the action.

1700.20 Notice to Tenant. Unless the landlord shall file the pleading and bond set forth in

I.C. 32-6-1.5-1, et seq., notice of the possession hearing shall be served on a tenant not less than ten

(10) days prior to the possession hearing. Should a landlord request a continuance of the

possession hearing, the landlord must serve new notice to the tenant of the possession hearing. A

landlord may not utilize the damage hearing to seek ejectment, unless tenant is aware of the issue

and possibility of ejectment and has received proper notice.

1700.30 Disposition of Tenant=s Remaining Personal Property. If a tenant leaves

personal property of value in or about the demised premises under circumstances which reasonably

show abandonment of said personal property, the landlord shall follow the provisions of I.C. 32-31-

4-3 et. seq. for removal of same.

1700.40 Landlord Computation of Damages Form. At least seven (7) days prior to the

damages hearing, the landlord shall complete and tender to the Tenant and Court a copy of the

Landlord Computation of Damages Form, so that the Tenant may review the form and

appropriately respond to the Court=s inquiry whether the Damages Hearing is contested or

uncontested. Also, it is expected that the parties meet in civil and orderly fashion prior to the

hearing to determine whether an agreement or stipulation can be made on any damages.