Cal. Civ. Code § 32-31-10-4
Plaintiff's failure to prosecute the case; court's notice to parties; plaintiff's failure to take action; dismissal of case; administrative fee
Operative Text
Sec. 4. (a) If, at any time after the filing of an eviction action, no action has been taken by the plaintiff to further prosecute the case for a period of at least one hundred eighty (180) days, the court shall send to the parties written notice: (1) informing the parties of the date of the most recent action taken by the plaintiff in the case; and (2) directing the plaintiff to take action to either: (A) further prosecute the case; or (B) dismiss the case; not later than ten (10) business days after the date of the notice. (b) If the plaintiff fails to take an action described in subsection (a)(2) within the time prescribed by subsection (a)(2): (1) the defendant in the eviction action may petition the court to dismiss the case; or (2) the court on the court's own motion may dismiss the case. If the court dismisses the case under this subsection on or after July 1, 2022, the court shall, in conjunction with its order of dismissal, issue an order in accordance with IC 32-31-11, without further motion of the defendant, to prohibit the disclosure of any records in the eviction action. (c) The court may assess an administrative fee of ten dollars ($10), payable by the plaintiff, for any order of dismissal entered under subsection (b).
Indiana Code § 32-31-10-4 establishes a process for handling eviction cases that have gone dormant. If a plaintiff (typically a landlord) takes no action to advance an eviction case for at least 180 days, the court must send written notice to all parties identifying the last action taken and giving the plaintiff 10 business days to either move the case forward or voluntarily dismiss it. If the plaintiff still does not act, the court or the defendant may seek dismissal — and for dismissals occurring on or after July 1, 2022, the court is also required to seal the eviction records without the tenant needing to file a separate motion. The court may additionally charge the plaintiff a $10 administrative fee for such a dismissal.
Plain English — not legal advice.
Under Ind. Code § 32-31-10-4, property owners and managers who file eviction actions are expected to actively monitor and advance their cases in court. A compliant operator typically ensures that no eviction case sits idle for 180 days or more, responds promptly to any court notice issued under this section, and either takes a documented step to prosecute the case or formally moves to dismiss it within the 10-business-day window. Failing to respond to the court's notice can result in an involuntary dismissal, automatic sealing of the case records, and a $10 administrative fee assessed against the plaintiff.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 32-31-10-4 provides meaningful protections for tenants when a landlord files an eviction case but then lets it sit inactive. If the case has been dormant for at least 180 days and the landlord fails to respond to the court's notice within 10 business days, a tenant (as the defendant) has the right to petition the court directly for dismissal. For dismissals entered on or after July 1, 2022, the court is required to automatically issue a record-sealing order under IC 32-31-11 — meaning the tenant does not need to file a separate motion to protect their rental history. Tenants who believe this provision applies to their situation may wish to consult a tenant-rights organization or legal aid office for general information about how to raise this issue in court.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation