§ 34-26-1-5 Injunction to restrain act or proceeding; modification

Codes > Indiana Code > Title 34 > Article 26 : Chapter 1 > 34-26-1-5 Injunction

34-26-1-5 Injunction to restrain act or proceeding; modification

    Sec. 5. (a) This section applies:

        (1) when it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief or any part of the relief consists in restraining the commission or continuance of some act, the commission or continuance of which, during the litigation, would produce great injury to the plaintiff;

        (2) when, during the litigation, it appears that the defendant is:

            (A) doing;

            (B) threatening;

            (C) about to do; or

            (D) procuring or suffering to be done;

    some act in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual; or

        (3) when the relief or part of the relief demanded by the plaintiff consists in restraining proceedings upon any final order or judgment.

    (b) An injunction may be granted to restrain an act or proceeding described in subsection (a) until the further order of the court. The injunction may, afterwards, be modified upon motion.