SUPERIOR COURT NOTICE ON EVICTIONS
Notice Issued to parties.
On September 1, 2020, the Centers for Disease Control (CDC) issued a Temporary Halt In Residential Evictions to Prevent the Further Spread of Covid-19 (hereinafter “Temporary Halt”). The Temporary Halt is attached to this Notice Issued. It is the determination of this court than unlike Governor Holcomb’s order which was a procedural bar that prevented even filing an eviction, this Temporary Halt is a defense to an eviction which requires a court to make factual determinations. Therefore, eviction hearings will proceed so that the court may receive evidence to make a factual determination. Once a landlord has established a reason for eviction, it then becomes the burden of the tenant to establish a defense to the eviction. Being a “covered person” under the Temporary Halt is a defense to the eviction. Whether a person is a “covered person” under the Temporary Halt is a factual determination, subject evidence presented and cross examination. Tenants that fail to appear at their eviction hearing and/or fail to provide sufficient evidence of being a “covered person” are not protected by the Temporary Halt and risk being evicted.
CORONAVIRSUS (COVID-19) INFORATION AS OF 3.27.2020
On March 27, 2020, following multiple Executive Orders issued by Governor Holcomb, recommnedations from theUnited States Center for Disease Control, several Orders issued by the Indiana Supreme Court, various Resolutions passed by local Adams County Government, all regarding measures to stem the spread of COVID-19 and in cooperation with the Adams County Sheriff, this Court issued an Amended Order Mitigating Spread of Contagions, which can be found here. The Amended Order specifies who can and cannot enter the courts and court related departments and offices during this period of emergency. The Amended Order also sets forth a detailed set of questions that will be asked of anyone seeking entry to the court or court related departments and offices through May 4, 2020. These "screening" questions can be found here. These measures are being placed into effect to assure the heaith and safety of the public and staff and will only remain in effect until the emerency caused by COVID-19 is declared ended. Thank you all for your patience and understanding during these stressful and trying times.
CORONAVIRUS (COVID-19) INFORMATION as of 3.25.2020
On March 24, 2020, the Court took additional action to lessen the progression of this illness. the Court’s Order Mitigating Spread of Contatgions can be veiwed here.
The Superior and Circuit Courts Plan Detailing Reduction In Operations During COVID-19 Emergency may be found here.
CORONAVIRUS (COVID-19) INFORMATION as of 3.24.2020
On March 17, 2020, the Adams County Courts filed an Emergency Petition for Administrative orders pursuant to Indiana Adminstrative Rule 17. On May 18, 2020, the Indiana Supreme Court granted the Adams County Courts’ Petition. Administrative Rule 17 can be found here. the Emergency Petition may be found here. The Supreme Court’s Order may be found here.
The Adams Superior and Circuit Courts issued a press release outlining the changes for certain Court hearings through May 4, 2020. This press release may be viewed here.
The Adams Superior Court is posting updates here.
Pursuant to Executive Order 20-06, issued March 19, 2020, all evicitons and foreclosure actions and procedings are temporarily prohibited until the state of emerency declared by the Governor in Executive Order 20-02, issued March 6, 2020, has terminated. Executive Order 20-06 can be found here. Executive Order 20-02 can be found here.
Effective March 18, the public’s access to the Courthouse and the Superior Court Building will be restricted to only allow entry for parties to a case and their attorneys, persons seeking a protection order, Prosecutor staff, Court staff, Clerk staff, Sheriff staff, interpreters and members of the media. This restriction will remain in effect until further notice. The memorandum regarding this restriction is found here.
Additional information from the Indiana Supreme Court concerning guidance for state-wide court operations may be found at https://www.in.gov/judiciary/5575.htm.