Pyle, J.
Although Indiana Code § 34-24-1-4(a) references a “hearing,” the main focus of subsection (a) is the explanation of the State’s burden of proof in a forfeiture action. Indeed, our Indiana Supreme Court has discussed the relevance of this statutory provision and explained its language makes “evident” the “Legislature’s intent to apply the civil burden of proof in forfeiture proceedings[.]” Katner v. State, 655 N.E.2d 345, 348 (Ind. 1995) (discussing the prior version of Indiana Code § 34-24-1-4(a)). Additionally, our Court has explained that this “seizure of property statute provides the State with a quick procedure which is both broad in scope and profitable to the State” and that this statute specifies that “the State needs only to prove its case by a preponderance of the evidence.” One 1968 Buick, 4 Door, 638 N.E.2d at 1317 (discussing the prior version of Indiana Code § 34-24-1-4(a)).
Furthermore, when looking to other sections of the forfeiture statute, it is clear the Indiana Trial Rules, which include the applicability of summary judgment, apply to a forfeiture proceeding. Indeed, Indiana Code § 34-24-1-3 specifically refers to the applicability of the Indiana Trial Rules in a forfeiture action. More precisely, under Indiana Code § 34-24-1-3, a prosecuting attorney must file a complaint to commence a forfeiture action and “serve, under the Indiana Rules of Trial Procedure, a copy of the complaint upon each person whose right, tittle, or interest is of record” in the property sought to be seized. I.C. § 34-24-1-3(b). Moreover, Indiana Trial Rule 1 provides:
Except as otherwise provided, these rules govern the procedure and practice in all courts of the state of Indiana in all suits of a civil nature whether cognizable as cases at law, in equity, or of statutory origin. They shall be construed to secure the just, speedy and inexpensive determination of every action.
(Emphasis added). Forfeiture actions are “properly classified as civil in nature.” Katner, 655 N.E.2d at 347. Therefore, forfeiture actions are governed by the Indiana Trial Rules, including the applicability of summary judgment under Trial Rule 56.
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The State cites to Sargent v. State, 985 N.E.2d 1108 (Ind. Ct. App. 2013), reh’g denied, trans. granted, as an example of a forfeiture case decided pursuant to a summary judgment motion and affirmed on appeal. We note, however, that our Indiana Supreme Court granted transfer in Sargent on December 6, 2013. The Indiana Supreme Court has not issued an opinion in Sargent, which is set for oral argument on March 20, 2014.
Nevertheless, aside from Sargent, there are other cases in which a judgment was entered in a forfeiture action pursuant to a summary judgment motion, and these cases make no mention of summary judgment being impermissible in a forfeiture action. See Curtis v. State, 981 N.E.2d 625 (Ind. Ct. App. 2013) (indicating in the facts that the trial court granted the State’s summary judgment in a forfeiture proceeding), aff’d on reh’g, 987 N.E.2d 523 (Ind. Ct. App. 2013); Ivy v. State, 847 N.E.2d 963 (Ind. Ct. App. 2006) (reversing the grant of summary judgment in a forfeiture action based on the State’s failure to meet its burden on summary judgment and not on the premise that summary judgment was impermissible in a forfeiture action).
In his reply brief, Mesa “concedes that a few rare cases of forfeiture may be decided by summary judgment when no material facts in dispute exist and only questions of law remain.” (Mesa’s Reply Br. 3). Thus, Mesa’s argument that summary judgment in a forfeiture action is impermissible based on the lack of appellate cases discussing forfeiture in a summary judgment context is without merit.
BRADFORD, J., concurs.
MATHIAS, J., concurs with opinion:
I concur with the majority’s conclusion that Mesa was not entitled to a hearing in the State’s forfeiture action, but I write separately to emphasize that Mesa’s complete failure to designate any evidence to contradict that designated by the State in its motion for summary judgment negated any reason for a hearing.