Ind. Code § 33-35-3-5 — Indiana Code / Title 33 / Article 35 / Chapter 3 / Section 33-35-3-5
City court referees
Status: in_force

Sec. 5. (a) The common council of a city having a city court may create the position of city court referee to assist the city court judge in the administration of the judge's duties and the disposition of matters pending in the court. The common council may authorize more than one (1) referee. After authorization is granted, the judge shall appoint one (1) or more referees. The referee or referees serve at the pleasure of the judge.

(b) A referee shall take the same oath of office as provided for the judge and must have the same qualifications for office as required for the judge. A referee may administer oaths in the performance of the referee's duty and use the seal of the court. In all cases coming before the referee, the referee shall comply with the requirements of procedure provided for the hearing of cases by the court. The referee shall make a return of the referee's findings and recommendations in writing to the court, and the court shall proceed to enter the order, judgment, or decree that the court considers proper.

(c) The salary of a referee shall be fixed by the judge subject to the approval of the common council of the city. The common council shall appropriate sufficient money to pay the referee.

[Pre-2004 Recodification Citation: 33-10.1-6-5.]

As added by P.L.98-2004, SEC.14.
Ind. Code § 33-27-1-1 — Indiana Code / Title 33 / Article 27 / Chapter 1 / Section 33-27-1-1
Applicability
Status: in_force

Sec. 1. The definitions in this chapter apply throughout this article.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.6.
Ind. Code § 33-33-65-2 — Indiana Code / Title 33 / Article 33 / Chapter 65 / Section 33-33-65-2
Establishment of standard superior court
Status: in_force

Sec. 2. (a) There is established a court of record to be known as the Posey superior court.

(b) The Posey superior court is a standard superior court as described in IC 33-29-1.

(c) Posey County comprises the judicial district of the court.

[Pre-2004 Recodification Citation: 33-5-38.1-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-42-0.5-34 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-34
"Technology"
Status: in_force

Sec. 34. "Technology" means an application, a device, or a program that allows a notarial officer to perform a:

(1) notarial act electronically; or

(2) remote notarial act.

As added by P.L.59-2018, SEC.41.
Ind. Code § 33-31-1-6 — Indiana Code / Title 33 / Article 31 / Chapter 1 / Section 33-31-1-6
Sessions of court
Status: in_force

Sec. 6. The probate court shall hold sessions at the courthouse of the county, or at any other convenient place as the court designates in the county. The county commissioners shall provide suitable quarters for the sessions.

[Pre-2004 Recodification Citation: 33-8-2-6.]

As added by P.L.98-2004, SEC.10.
Ind. Code § 33-33-49-17 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-17
Sessions of court; facilities
Status: in_force

Sec. 17. (a) The court shall hold sessions in:

(1) the community justice campus in Indianapolis; and

(2) other places in Marion County as the court determines.

(b) The city-county council shall:

(1) provide and maintain in the community justice campus and at other places in Marion County as the court may determine suitable and convenient courtrooms for the holding of the court, suitable and convenient jury rooms, and offices for the judges, other court officers and personnel, and other facilities as are necessary; and

(2) provide all necessary furniture and equipment for rooms and offices of the court.

[Pre-2004 Recodification Citation: 33-5.1-2-12.]

As added by P.L.98-2004, SEC.12. Amended by P.L.162-2020, SEC.12.
Ind. Code § 33-33-54-4 — Indiana Code / Title 33 / Article 33 / Chapter 54 / Section 33-33-54-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-36.6-3.]

As added by P.L.98-2004, SEC.12. Amended by P.L.237-2005, SEC.23. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-10-15.3 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-15.3
Expired
Status: repealed

As added by P.L.138-2020, SEC.16. Expired 1-1-2025 by P.L.138-2020, SEC.16.
Ind. Code § 33-33-89.3-1 — Indiana Code / Title 33 / Article 33 / Chapter 89.3 / Section 33-33-89.3-1
Application
Status: in_force

Sec. 1. IC 33-29-1 does not apply to this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-37-8 — Indiana Code / Title 33 / Article 33 / Chapter 37 / Section 33-33-37-8
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-25.5-16.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-26-5-2 — Indiana Code / Title 33 / Article 26 / Chapter 5 / Section 33-26-5-2
Rules and procedures
Status: in_force

Sec. 2. The tax court shall adopt rules and procedures under which cases on the small claims docket are heard and decided.

[Pre-2004 Recodification Citation: 33-3-5-12.]

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-33-37-6 — Indiana Code / Title 33 / Article 33 / Chapter 37 / Section 33-33-37-6
Personnel
Status: in_force

Sec. 6. (a) In addition to the personnel described in IC 33-29-1-5, the judge of the Jasper superior court No. 1 may, subject to the budget approved for the court by the fiscal body of Jasper County, employ personnel necessary for the proper administration of the court.

(b) Personnel employed under this section:

(1) include court reporters, bailiffs, clerical staff, and any additional officers necessary for the proper administration of the court; and

(2) are subject to the rules concerning employment and management of court personnel adopted by the court under section 5 of this chapter.

[Pre-2004 Recodification Citation: 33-5-25.5-18.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-42-4 — Indiana Code / Title 33 / Article 33 / Chapter 42 / Section 33-33-42-4
Transfer of actions and proceedings
Status: in_force

Sec. 4. The judge of the Knox circuit court may, with the consent of the judge of a superior court, transfer any action or proceeding from the circuit court to the superior court. The judge of a superior court may, with the consent of the judge of the circuit or other superior court, transfer any action or proceeding from that superior court to the circuit or other superior court.

[Pre-2004 Recodification Citation: 33-5-26-14.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-65-1 — Indiana Code / Title 33 / Article 33 / Chapter 65 / Section 33-33-65-1
Judicial circuit
Status: in_force

Sec. 1. Posey County constitutes the eleventh judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-65.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-43-1-8 — Indiana Code / Title 33 / Article 43 / Chapter 1 / Section 33-43-1-8
Deceit or collusion of attorney; penalty
Status: in_force

Sec. 8. (a) An attorney who is guilty of deceit or collusion, or consents to deceit or collusion, with intent to deceive a court, judge, or party to an action or judicial proceeding commits a Class B misdemeanor.

(b) A person who is injured by a violation of subsection (a) may bring a civil action for treble damages.

[Pre-2004 Recodification Citation: 33-21-1-8.]

As added by P.L.98-2004, SEC.22.
Ind. Code § 33-33-29-2.3 — Indiana Code / Title 33 / Article 33 / Chapter 29 / Section 33-33-29-2.3
Establishment of additional superior courts
Status: in_force

Sec. 2.3. (a) Notwithstanding section 2 of this chapter, Hamilton superior court No. 8 and Hamilton superior court No. 9 are established January 1, 2027.

(b) The first judge of Hamilton superior court No. 8 and Hamilton superior court No. 9 shall:

(1) be elected at the November 2026 general election;

(2) take office January 1, 2027; and

(3) serve a term of six (6) years.

(c) This section expires January 1, 2033.

As added by P.L.224-2025, SEC.8.
Ind. Code § 33-37-4-1 — Indiana Code / Title 33 / Article 37 / Chapter 4 / Section 33-37-4-1
Criminal costs fees; additional fees
Status: in_force

Sec. 1. (a) For each action that results in a felony conviction under IC 35-50-2 or a misdemeanor conviction under IC 35-50-3, the clerk shall collect from the defendant a criminal costs fee of one hundred twenty dollars ($120).

(b) In addition to the criminal costs fee collected under this section, the clerk shall collect from the defendant the following fees if they are required under IC 33-37-5:

(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).

(2) A marijuana eradication program fee (IC 33-37-5-7).

(3) An alcohol and drug services program fee (IC 33-37-5-8(b)).

(4) A law enforcement continuing education program fee (IC 33-37-5-8(c)).

(5) A drug abuse, prosecution, interdiction, and correction fee (IC 33-37-5-9).

(6) An alcohol and drug countermeasures fee (IC 33-37-5-10).

(7) A child abuse prevention fee (IC 33-37-5-12).

(8) A domestic violence prevention and treatment fee (IC 33-37-5-13).

(9) A highway worksite fee (IC 33-37-5-14).

(10) A deferred prosecution fee (IC 33-37-5-17).

(11) A document storage fee (IC 33-37-5-20).

(12) An automated record keeping fee (IC 33-37-5-21).

(13) A late payment fee (IC 33-37-5-22).

(14) A sexual assault victims assistance fee (IC 33-37-5-23).

(15) A public defense administration fee (IC 33-37-5-21.2).

(16) A judicial insurance adjustment fee (IC 33-37-5-25).

(17) A judicial salaries fee (IC 33-37-5-26).

(18) A court administration fee (IC 33-37-5-27).

(19) A DNA sample processing fee (IC 33-37-5-26.2).

(c) Instead of the criminal costs fee prescribed by this section, except for the automated record keeping fee (IC 33-37-5-21), the clerk shall collect a pretrial diversion program fee if an agreement between the prosecuting attorney and the accused person entered into under IC 33-39-1-8 requires payment of those fees by the accused person. The pretrial diversion program fee is:

(1) an initial user's fee of fifty dollars ($50) for a misdemeanor offense;

(2) an initial user's fee of seventy-five dollars ($75) for a felony offense;

(3) a monthly user's fee of twenty dollars ($20) for each month that the person remains in the pretrial diversion program; and

(4) any additional program fee or cost that is:

(A) reasonably related to the person's rehabilitation; and

(B) approved by the court.

A monthly user fee may not be collected beyond the maximum length of the possible sentence.

(d) The clerk shall transfer to the county auditor or city or town fiscal officer the following fees, not later than thirty (30) days after the fees are collected:

(1) The pretrial diversion fee.

(2) The marijuana eradication program fee.

(3) The alcohol and drug services program fee.

(4) The law enforcement continuing education program fee.

The auditor or fiscal officer shall deposit fees transferred under this subsection in the appropriate user fee fund established under IC 33-37-8.

(e) Unless otherwise directed by a court, if a clerk collects only part of a criminal costs fee from a defendant under this section, the clerk shall distribute the partial payment of the criminal costs fee as follows:

(1) The clerk shall apply the partial payment to general court costs.

(2) If there is money remaining after the partial payment is applied to general court costs under subdivision (1), the clerk shall distribute the remainder of the partial payment for deposit in the appropriate county user fee fund.

(3) If there is money remaining after distribution under subdivision (2), the clerk shall distribute the remainder of the partial payment for deposit in the state user fee fund.

(4) If there is money remaining after distribution under subdivision (3), the clerk shall distribute the remainder of the partial payment to any other applicable user fee fund.

(5) If there is money remaining after distribution under subdivision (4), the clerk shall apply the remainder of the partial payment to any outstanding fines owed by the defendant.

[Pre-2004 Recodification Citation: 33-19-5-1.]

As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004, SEC.16; P.L.95-2004, SEC.4; P.L.2-2005, SEC.100; P.L.176-2005, SEC.4; P.L.182-2009(ss), SEC.392; P.L.85-2017, SEC.108; P.L.24-2018, SEC.1; P.L.120-2023, SEC.6.
Ind. Code § 33-33-3-3 — Indiana Code / Title 33 / Article 33 / Chapter 3 / Section 33-33-3-3
Clerk and sheriff
Status: in_force

Sec. 3. The clerk of the Bartholomew circuit court is the clerk of the Bartholomew superior courts, and the sheriff of Bartholomew County is the sheriff of the Bartholomew superior courts. The sheriff shall attend the courts. The clerk and the sheriff shall discharge all the duties pertaining to their respective offices as they are required to do by law with reference to the Bartholomew circuit court.

[Pre-2004 Recodification Citation: 33-5-8-3.]

As added by P.L.98-2004, SEC.12. Amended by P.L.78-2014, SEC.12.
Ind. Code § 33-33-55-1 — Indiana Code / Title 33 / Article 33 / Chapter 55 / Section 33-33-55-1
Application
Status: in_force

Sec. 1. The following do not apply to this chapter:

(1) IC 33-29-1-4.

(2) IC 33-29-1-8.

(3) IC 33-29-1-9.

(4) IC 33-29-1-10.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12. Amended by P.L.161-2011, SEC.10; P.L.201-2011, SEC.79.
Ind. Code § 33-33-69-4 — Indiana Code / Title 33 / Article 33 / Chapter 69 / Section 33-33-69-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-38.7-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-36-3-3 — Indiana Code / Title 33 / Article 36 / Chapter 3 / Section 33-36-3-3
Denial; exercise of the right to trial
Status: in_force

Sec. 3. If a person charged with a violation wants to exercise the right to trial, the person shall appear before the violations clerk and deny the violation or enter a written denial with the clerk.

[Pre-2004 Recodification Citation: 33-6-3-2.]

As added by P.L.98-2004, SEC.15.
Ind. Code § 33-33-52-5 — Indiana Code / Title 33 / Article 33 / Chapter 52 / Section 33-33-52-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-35.8-16.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-38-11-7 — Indiana Code / Title 33 / Article 38 / Chapter 11 / Section 33-38-11-7
Service as judge pro tempore or special judge
Status: in_force

Sec. 7. A temporary judge may serve as a judge pro tempore or a special judge of the court but is not entitled to additional compensation for that service.

[Pre-2004 Recodification Citation: 33-13-16-7.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-35-1-2 — Indiana Code / Title 33 / Article 35 / Chapter 1 / Section 33-35-1-2
Town court judge election in general election year; ordinance
Status: in_force

Sec. 2. (a) This section applies to a town that:

(1) adopts an ordinance under IC 3-10-6-2.6; and

(2) subsequently adopts an ordinance to establish a town court under section 1 of this chapter.

(b) Notwithstanding section 1 of this chapter, the judge of the town court shall be elected at the next municipal election not conducted in a general election year. The successors of the judge shall be elected at the first general election following the municipal election and every four (4) years thereafter.

[Pre-2004 Recodification Citation: 33-10.1-1-4.]

As added by P.L.98-2004, SEC.14.
Ind. Code § 33-33-36-3 — Indiana Code / Title 33 / Article 33 / Chapter 36 / Section 33-33-36-3
Judges; location of court sessions
Status: in_force

Sec. 3. The Jackson superior court has two (2) judges.

[Pre-2004 Recodification Citation: 33-5-25.4-7.]

As added by P.L.98-2004, SEC.12. Amended by P.L.234-2007, SEC.213.
Ind. Code § 33-33-18-2 — Indiana Code / Title 33 / Article 33 / Chapter 18 / Section 33-33-18-2
Jurisdiction; dockets
Status: in_force

Sec. 2. (a) The Delaware circuit court is a court of general jurisdiction with five (5) judges. The divisions of the court shall be known as Delaware circuit court No. 1, No. 2, No. 3, No. 4, and No. 5. The county of Delaware constitutes the judicial district of the court and each of the court's divisions. The court shall maintain the following dockets:

(1) Small claims.

(2) Minor offenses and violations.

(3) Criminal.

(4) Juvenile.

(5) Civil.

(6) Probate.

(b) The assignment of judges of the court to the dockets specified in subsection (a) shall be by rule of the court.

[Pre-2004 Recodification Citation: 33-4-12-1.]

As added by P.L.98-2004, SEC.12. Amended by P.L.138-2020, SEC.17; P.L.25-2021, SEC.1; P.L.123-2021, SEC.2.
Ind. Code § 33-33-45-1 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-1
Application
Status: in_force

Sec. 1. IC 33-29-1 does not apply to this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-24-6-4 — Indiana Code / Title 33 / Article 24 / Chapter 6 / Section 33-24-6-4
Office of guardian ad litem and court appointed special advocate services; funding
Status: in_force

Sec. 4. (a) The office of judicial administration shall establish and administer an office of guardian ad litem and court appointed special advocate services. The office of judicial administration shall use money it receives from the state general fund to administer the office. If funds for guardian ad litem and court appointed special advocate programs are appropriated by the general assembly, the office of judicial administration shall provide matching funds to counties that implement and administer, in courts with juvenile jurisdiction, a guardian ad litem or court appointed special advocate program for children who are alleged to be victims of child abuse or neglect under IC 31-33. Matching funds must be distributed in accordance with the provisions of section 5 of this chapter. A county may use these matching funds to supplement amounts that are collected as fees under IC 31-40-3-1 and used for the operation of guardian ad litem and court appointed special advocate programs. The office of judicial administration may use its administrative fund to provide training services and communication services for local officials and local guardian ad litem and court appointed special advocate programs. The county fiscal body shall appropriate adequate funds for the county to be eligible for matching funds under this section.

(b) Matching funds provided to a county under this section shall be used for guardian ad litem and court appointed special advocate programs and may be deposited in the county's guardian ad litem or court appointed special advocate fund described in IC 31-40-3.

(c) Any matching funds appropriated to the office of judicial administration that are not used before July 1 of each fiscal year do not revert but shall be redistributed under this section on July 1. The office of judicial administration shall redistribute the funds among counties providing guardian ad litem and court appointed special advocate programs that are entitled to receive matching funds.

(d) Money appropriated to the office of judicial administration does not revert at the end of a state fiscal year to the state general fund.

(e) Only guardian ad litem or court appointed special advocate programs certified by the supreme court are eligible for funding under this section.

[Pre-2004 Recodification Citation: 33-2.1-7-3.1.]

As added by P.L.98-2004, SEC.3. Amended by P.L.129-2005, SEC.11; P.L.161-2018, SEC.61.
Ind. Code § 33-33-41-4.1 — Indiana Code / Title 33 / Article 33 / Chapter 41 / Section 33-33-41-4.1
Fourth superior court judge; initial election, salary and benefits
Status: in_force

Sec. 4.1. (a) Notwithstanding sections 3 and 4 of this chapter, the Johnson superior court No. 4 is not established until January 1, 2015.

(b) The initial election of the judge of the Johnson superior court No. 4 added by section 3 of this chapter is the general election on November 4, 2014. The term of the initially elected judge begins January 1, 2015.

(c) Notwithstanding IC 33-38-5, the part of the total salary and benefits that would otherwise be paid by the state for the judge of the new Johnson superior court No. 4 may not be paid by the state comptroller until the state comptroller receives a resolution of the board of county commissioners of Johnson County that sets forth the board's determination that a building in existence on January 1, 2012, has been rehabilitated and is ready as a place for the court added by section 3 of this chapter to hold sessions.

As added by P.L.74-2012, SEC.3. Amended by P.L.9-2024, SEC.506.
Ind. Code § 33-33-76-1 — Indiana Code / Title 33 / Article 33 / Chapter 76 / Section 33-33-76-1
Judicial circuit; magistrate
Status: in_force

Sec. 1. (a) Steuben County constitutes the eighty-fifth judicial circuit.

(b) The judges of the Steuben circuit and superior courts may jointly appoint one (1) full-time magistrate under IC 33-23-5 to serve the circuit and superior courts.

(c) The magistrate continues in office until removed by the judges of the Steuben circuit and superior courts.

[Pre-2004 Recodification Citations: 33-4-1-76; 33-4-1-76.1; 33-5-40.1-12.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-3-1 — Indiana Code / Title 33 / Article 37 / Chapter 3 / Section 33-37-3-1
Collection of fees in civil or paternity actions brought by or on behalf of state or political subdivisions
Status: in_force

Sec. 1. (a) The fees prescribed in civil actions or paternity actions may not be collected from the state or a political subdivision in an action brought by or on behalf of the state or the political subdivision.

(b) This section does not prevent collecting fees from a defendant when the state or political subdivision is successful in its action.

[Pre-2004 Recodification Citation: 33-19-3-1.]

As added by P.L.98-2004, SEC.16.
Ind. Code § 33-33-32-7 — Indiana Code / Title 33 / Article 33 / Chapter 32 / Section 33-33-32-7
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-25-14.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-38-14-21 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-21
Rights of a judge; notice; incapacitation
Status: in_force

Sec. 21. (a) In formal proceedings involving the discipline, retirement, or removal of a judge, the judge may:

(1) defend against the charges by introducing evidence;

(2) be represented by counsel;

(3) examine and cross-examine witnesses; and

(4) issue subpoenas for attendance of witnesses to testify or produce evidentiary matter.

(b) If testimony is transcribed at the expense of the commission, a copy shall be provided to the judge at no cost. The judge is entitled to have testimony transcribed at the judge's expense.

(c) Except as otherwise provided in this chapter, any notice or matter sent to the judge shall be mailed by registered or certified mail to the judge at the judge's office and residence unless the judge requests otherwise in writing. A copy of the notice or matter shall be mailed to the judge's counsel.

(d) If a judge has been adjudicated incapacitated under IC 29-3, the judge's guardian may exercise any right or privilege and make any defense for the judge as if exercised or made by the judge. If any notice or matter is sent to the judge, a copy of the notice or matter also shall be sent to the judge's guardian.

[Pre-2004 Recodification Citation: 33-2.1-6-15.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-45-28 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-28
Judicial nominating commission; membership
Status: in_force

Sec. 28. (a) The judicial nominating commission (referred to in this chapter as the commission) consists of seven (7) voting members, the majority of whom form a quorum. The chief justice of Indiana or the chief justice's designee serves ex officio as a voting member only to resolve tie votes and as the chairperson of the commission.

(b) The:

(1) governor shall appoint three (3) members to the commission:

(A) one (1) of whom must be an attorney;

(B) one (1) of whom must be a nonattorney who has never been licensed to practice law; and

(C) one (1) of whom must be a woman; and

(2) Lake County board of commissioners shall appoint three (3) members to the commission:

(A) one (1) of whom must be an attorney;

(B) one (1) of whom must be a nonattorney who has never been licensed to practice law; and

(C) one (1) of whom must be an individual from a minority group (as defined in IC 5-28-20-5).

The appointees must reside in Lake County, have no prior felony conviction, and reflect the composition of the community. If the Lake County board of commissioners fails to appoint any commission members within the time required to do so in section 29 of this chapter, the appointment shall be made by the chairperson of the commission. The chairperson of the commission shall have standing to dispute the validity of an appointed member.

(c) A member of the commission, other than a judge or justice, may not hold any other elected public office. A member may not hold an office in a political party or organization.

(d) A member of the commission is not eligible for appointment to a judicial office in Lake County if the member is a member of the commission and for three (3) years thereafter.

(e) Except for the chief justice of Indiana or the chief justice's designee, if any voting member of the commission terminates the member's residence in Lake County, the member is considered to have resigned from the commission.

[Pre-2004 Recodification Citation: 33-5-29.5-29.]

As added by P.L.98-2004, SEC.12. Amended by P.L.2-2007, SEC.368; P.L.204-2021, SEC.1.
Ind. Code § 33-32-2-11 — Indiana Code / Title 33 / Article 32 / Chapter 2 / Section 33-32-2-11
Report by court clerk to Indiana commission on court appointed attorneys
Status: reserved

Sec. 11. By January 31 of each year, every clerk shall provide a report to the Indiana commission on court appointed attorneys concerning the fees the clerk deposited and transferred under IC 35-33-7-6 for the previous calendar year. The report must include statistics regarding the number of instances in the previous calendar year that the clerk deposited and transferred fees under IC 35-33-7-6.

As added by P.L.111-2024, SEC.2.
Ind. Code § 33-26-7-3 — Indiana Code / Title 33 / Article 26 / Chapter 7 / Section 33-26-7-3
Discovery; production of documents from administrative law judge
Status: in_force

Sec. 3. Discovery conducted under section 2 of this chapter is limited to production of documents from the administrative law judge presiding over the review under IC 6-1.1-15-3. The administrative law judge may not be summoned to testify before the tax court unless verified proof is offered to the tax court that the impartiality of the administrative law judge was compromised concerning the review.

[Pre-2004 Recodification Citation: 33-3-5-14.2.]

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-33-73-7 — Indiana Code / Title 33 / Article 33 / Chapter 73 / Section 33-33-73-7
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-39-7.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-23-16-10 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-10
"Veterans' court"
Status: in_force

Sec. 10. As used in this chapter, "veterans' court" means a problem solving court focused on addressing the needs of veterans in the court system by:

(1) bringing together substance abuse rehabilitation professionals, mental health professionals, local social programs, and intensive judicial monitoring; and

(2) linking eligible veterans to individually tailored programs or services.

As added by P.L.108-2010, SEC.4.
Ind. Code § 33-23-4-2 — Indiana Code / Title 33 / Article 23 / Chapter 4 / Section 33-23-4-2
Creation of position
Status: in_force

Sec. 2. The position of court administrator may be created by a majority vote of the judges in section 3 of this chapter in every county having a population according to the last United States decennial census of more than one hundred thousand (100,000) persons.

[Pre-2004 Recodification Citation: 33-1-12-1.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-32-2-4 — Indiana Code / Title 33 / Article 32 / Chapter 2 / Section 33-32-2-4
Clerk's office
Status: in_force

Sec. 4. (a) The board of county commissioners shall provide the clerk with an office at:

(1) the county seat; or

(2) in Elkhart County, any other place in the county as the board of county commissioners may provide;

in a building provided for that purpose.

(b) The clerk shall keep the office open on every day of the year except on Sundays and legal holidays. However, the clerk:

(1) shall keep the office of the clerk open on those days and times necessary for the proper administration of the election statutes; and

(2) may close the office on those days that the judge of the circuit court orders the court closed in accordance with the custom and practice of the county.

(c) Any legal action required to be taken in the office of the clerk during the time the office is closed under this section may be taken on the next following day the office is open.

[Pre-2004 Recodification Citation: 33-17-1-5.]

As added by P.L.98-2004, SEC.11. Amended by P.L.7-2020, SEC.1.
Ind. Code § 33-40-2-5 — Indiana Code / Title 33 / Article 40 / Chapter 2 / Section 33-40-2-5
Order for payment
Status: in_force

Sec. 5. The judge of a court having criminal jurisdiction shall make all orders necessary to mandate payment of fees approved by the presiding judge for payment for legal services rendered for indigent defendants in any cause in:

(1) the court; or

(2) another court following change of venue from the court;

whether or not the legal services are arranged under this chapter or by direct appointment of counsel in the first instance by the judge.

[Pre-2004 Recodification Citation: 33-9-11-5.]

As added by P.L.98-2004, SEC.19.
Ind. Code § 33-42-0.5-24 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-24
"Public key infrastructure"
Status: in_force

Sec. 24. "Public key infrastructure" means a method of enabling a user of an unsecured public computer network, including the Internet, to securely and privately exchange data and money through a public and private cryptographic key pair that is obtained and shared through a trusted certificate authority, providing for a:

(1) digital certificate that is able to identify an individual or organization; and

(2) directory service that is able to store and, if necessary, revoke the digital certificate.

As added by P.L.59-2018, SEC.31.
Ind. Code § 33-38-8-11 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-11
Contributions
Status: in_force

Sec. 11. (a) A participant shall make contributions to this fund of six percent (6%) of each payment of salary received for services as judge or, after December 31, 2010, as a judge or full-time magistrate. However, the employer may elect to pay the contribution for the participant as a pickup under Section 414(h) of the Internal Revenue Code.

(b) Participants' contributions, other than participants' contributions paid by the employer, shall be deducted from the monthly salary of each participant by the state comptroller and by the county auditor and credited to the fund as provided in IC 33-38-6-21 and IC 33-38-6-22. After December 31, 2011, the state comptroller and the county auditor shall submit the contributions paid by or on behalf of a participant under subsection (a) by electronic funds transfer in accordance with IC 33-38-6-21.5. However, a contribution is not required:

(1) because of any salary received after the participant has contributed to the fund for twenty-two (22) years; or

(2) during any period that the participant is not serving as judge or, after December 31, 2010, as a judge or full-time magistrate.

[Pre-2004 Recodification Citation: 33-13-10.1-4.]

As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.15; P.L.13-2011, SEC.10; P.L.9-2024, SEC.519.
Ind. Code § 33-33-49-13.3 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-13.3
Retention procedures
Status: in_force

Sec. 13.3. (a) The retention in office of a sitting judge of the court shall be approved or rejected by the electorate of Marion County in accordance with this section.

(b) A judge who has been found eligible for retention by the committee under section 13.7 or 13.8 of this chapter and wishes to be retained in office shall file a statement with the clerk and secretary of state during the period described in IC 3-8-2-4 during which a declaration of candidacy must be filed in the year in which the judge's term expires. The judge's statement must include the following information:

(1) A statement indicating that the judge wishes to have the question of the judge's retention placed on the ballot.

(2) A statement of the judge's name as:

(A) the judge wants the judge's name to appear on the ballot; and

(B) a candidate's name is permitted to appear on the ballot under IC 3-5-7.

(3) If the judge is affiliated with a political party, the name of that political party. The judge may indicate in the statement that the judge is not affiliated with a political party. For purposes of this subdivision, a judge's affiliation with a political party is determined as provided in IC 3-8-2-7(a)(4).

(4) A statement that the judge requests that the name on the judge's voter registration record be the same as the name the judge uses on the statement. If there is a difference between the name on the judge's statement and the name on the judge's voter registration record, the clerk shall change the name on the judge's voter registration record to be the same as the name on the judge's statement.

If a judge does not file a statement under this subsection with both the clerk and the secretary of state, the clerk shall, not later than March 1, notify the Marion County judicial selection committee in writing that the judge does not wish to continue in office after the end of the judge's term of office.

(c) The term of a judge:

(1) who does not file statements under subsection (b); and

(2) whose term expires during the year in which the question of the retention of the judge would have been placed on the general election ballot;

expires December 31 of the year in which the question of the judge's retention would have been placed on the ballot.

(d) A judge may not appear on the ballot for retention if the committee has determined that the judge is not suitable to retain office. If the question of a judge's retention is required to be on the ballot at a general election, the question of approval or rejection of the judge's retention shall be placed on the general election ballot in the form prescribed by IC 3-11-2 and must state:

"Shall Judge (insert here the name of the judge as stated under subsection (b)(2)) be retained in office?".

If a majority of the ballots cast by the electors voting on the question is "Yes", the judge whose name appears on the question shall be approved for a six (6) year term beginning January 1 following the general election as provided in section 13.2 of this chapter. If a majority of the ballots cast by the electors voting on the question is not "Yes", the following apply:

(1) Retention of the judge whose name appears on the question is rejected.

(2) The office of the rejected judge becomes vacant on January 1 following the rejection.

(3) The vacancy shall be filled in accordance with this chapter.

As added by P.L.245-2017, SEC.10. Amended by P.L.76-2026, SEC.7.
Ind. Code § 33-41-2-1 — Indiana Code / Title 33 / Article 41 / Chapter 2 / Section 33-41-2-1
Census defined
Status: in_force

Sec. 1. As used in this chapter, "census" means the last preceding United States federal decennial census.

[Pre-2004 Recodification Citation: 33-15-26-1.]

As added by P.L.98-2004, SEC.20.
Ind. Code § 33-36-1-1 — Indiana Code / Title 33 / Article 36 / Chapter 1 / Section 33-36-1-1
Definitions; applicability
Status: in_force

Sec. 1. The definitions in IC 36-1-2 apply throughout this article.

[Pre-2004 Recodification Citation: 33-6-3-1.]

As added by P.L.98-2004, SEC.15.
Ind. Code § 33-33-91-1 — Indiana Code / Title 33 / Article 33 / Chapter 91 / Section 33-33-91-1
Judicial circuit
Status: in_force

Sec. 1. White County constitutes the thirty-ninth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-91.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-27.2-5 — Indiana Code / Title 33 / Article 33 / Chapter 27.2 / Section 33-33-27.2-5
Location of court sessions
Status: in_force

Sec. 5. (a) The Grant superior court No. 2, shall hold its sessions in a place to be determined by the county council of Grant County.

(b) The board of county commissioners of Grant County shall provide and maintain in the courthouse a suitable and convenient courtroom for the holding of court, together with a suitable and convenient jury room and offices for the judge and the official court reporter.

(c) The board of county commissioners shall provide all necessary furniture and equipment for the rooms and offices of the court, and all necessary dockets, books, and records for the court. The county council shall make the necessary appropriations from the general fund of the county to carry out this chapter.

[Pre-2004 Recodification Citation: 33-5-19-4.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-10-3 — Indiana Code / Title 33 / Article 38 / Chapter 10 / Section 33-38-10-3
Registration of former judges; list; petition to have case heard by private judge; appointment
Status: in_force

Sec. 3. (a) A former judge qualified under section 2(a) of this chapter who wishes to serve as a private judge must register with the chief administrative officer of the office of judicial administration. The chief administrative officer shall:

(1) compile;

(2) periodically update; and

(3) make available to the public;

a list of registered former judges.

(b) If the parties to an action wish to have the action heard before a private judge, the parties shall submit to the chief administrative officer of the office of judicial administration a written petition as described in section 2(b)(1) of this chapter. After verifying that the former judge is qualified under section 2(a) of this chapter and is registered under subsection (a), the chief administrative officer shall forward the petition to the former judge named on the petition.

(c) The regular or presiding judge of the court in which the action is filed shall appoint the private judge to hear the action if the written petition of the parties to the action and the written consent of the private judge to hear the action is presented to the regular or presiding judge:

(1) contemporaneously with the filing of the action; or

(2) after the action has been filed.

[Pre-2004 Recodification Citation: 33-13-15-3.]

As added by P.L.98-2004, SEC.17. Amended by P.L.161-2018, SEC.101.
Ind. Code § 33-33-87-19 — Indiana Code / Title 33 / Article 33 / Chapter 87 / Section 33-33-87-19
Judgments; lien on real estate
Status: in_force

Sec. 19. All judgments rendered in the small claims division of a superior court shall be properly recorded in the judgment docket book of the court. The judgments are liens on real estate in the same manner as judgments in a court of general jurisdiction become liens on real estate under IC 34-55-9.

[Pre-2004 Recodification Citation: 33-5-45.5-19.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-69-5 — Indiana Code / Title 33 / Article 33 / Chapter 69 / Section 33-33-69-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-38.7-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-31-5 — Indiana Code / Title 33 / Article 33 / Chapter 31 / Section 33-33-31-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-19.8-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-39-7-26 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-26
Assignment of benefits
Status: in_force

Sec. 26. A participant, beneficiary, or survivor may not assign any payment under this chapter except for the following:

(1) Premiums on a life, hospitalization, surgical, or medical group insurance plan maintained in part by a state agency.

(2) Dues to an association that proves to the board's satisfaction that the association has as members at least twenty percent (20%) of the retired participants in the plan.

As added by P.L.27-2019, SEC.28.
Ind. Code § 33-38-6-20 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-20
Use of fund for administrative costs
Status: in_force

Sec. 20. In addition to the purpose set forth in section 19 of this chapter, the fund may be used for the payment of the costs of administering this chapter.

[Pre-2004 Recodification Citation: 33-13-8-17.2.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-39-4-1 — Indiana Code / Title 33 / Article 39 / Chapter 4 / Section 33-39-4-1
Duties; bond; salary
Status: in_force

Sec. 1. (a) The prosecuting attorney of any judicial circuit of Indiana may appoint an employee, including an investigator, with the approval of the county council or councils. An employee appointed under this section works under the direction of the prosecuting attorney.

(b) An investigator appointed under this section who is not covered by a crime insurance policy described in IC 5-4-1-20 shall give bond in the sum of five thousand dollars ($5,000).

(c) An investigator appointed under this section has the same police powers within the county authorized by law to all police officers.

(d) In each judicial circuit the salary or other compensation to be paid an investigator appointed under this section shall be set by the county council or councils. A county council or councils may not reduce the number of investigators or compensation of any investigator without approval of the prosecuting attorney.

[Pre-2004 Recodification Citation: 33-14-6-1.]

As added by P.L.98-2004, SEC.18. Amended by P.L.55-2022, SEC.7.
Ind. Code § 33-35-4-2 — Indiana Code / Title 33 / Article 35 / Chapter 4 / Section 33-35-4-2
Compensation of judges
Status: in_force

Sec. 2. (a) Special judges of a city court are entitled to the compensation allowed special judges in the circuit court, to be paid out of the city treasury on the certificate of the regular judge and the warrant of the city controller or clerk-treasurer.

(b) A city court judge may not receive any fees or compensation other than the judge's salary, as established under subsection (e).

(c) A city court judge of each of the three (3) cities having the largest populations in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) is entitled to receive, for additional services that this article requires to be performed, three thousand five hundred dollars ($3,500) per year in addition to the salary otherwise provided. The fiscal body of the city shall appropriate the money necessary to pay the additional compensation.

(d) A town court judge is entitled to receive the compensation that is prescribed by the fiscal body of the town.

(e) A city court judge is entitled to receive compensation that is prescribed by the fiscal body of the city.

[Pre-2004 Recodification Citation: 33-10.1-4-2.]

As added by P.L.98-2004, SEC.14. Amended by P.L.11-2023, SEC.104.
Ind. Code § 33-33-92-2 — Indiana Code / Title 33 / Article 33 / Chapter 92 / Section 33-33-92-2
Establishment of standard superior court
Status: in_force

Sec. 2. (a) There is established a court of record to be known as the Whitley superior court.

(b) The Whitley superior court is a standard superior court as described in IC 33-29-1.

(c) Whitley County comprises the judicial district of the court.

[Pre-2004 Recodification Citation: 33-5-50-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-34-3 — Indiana Code / Title 33 / Article 33 / Chapter 34 / Section 33-33-34-3
Establishment of standard superior courts
Status: in_force

Sec. 3. (a) There are established four (4) superior courts of record to be known as the Howard superior court No. 1, the Howard superior court No. 2, the Howard superior court No. 3, and the Howard superior court No. 4.

(b) Except as otherwise provided in this chapter, each Howard superior court is a standard superior court, as described in IC 33-29-1.

(c) Howard county comprises the judicial circuit of each court.

[Pre-2004 Recodification Citations: 33-5-20.1-1; 33-5-20.1-2; 33-5-20.1-5; 33-5-20.1-26.]

As added by P.L.98-2004, SEC.12. Amended by P.L.237-2005, SEC.16.
Ind. Code § 33-40-2-2 — Indiana Code / Title 33 / Article 40 / Chapter 2 / Section 33-40-2-2
Appointment
Status: in_force

Sec. 2. Upon receiving a written request under section 1 of this chapter, the state public defender shall:

(1) accept appointment himself or herself;

(2) appoint any of the state public defender's deputies; or

(3) appoint any practicing attorney:

(A) admitted to the practice of law in Indiana; and

(B) who is competent to practice law in criminal cases;

subject to the concurring appointment, of record, by the requesting judge.

[Pre-2004 Recodification Citation: 33-9-11-2.]

As added by P.L.98-2004, SEC.19.
Ind. Code § 33-39-8.1-4 — Indiana Code / Title 33 / Article 39 / Chapter 8.1 / Section 33-39-8.1-4
Establishment
Status: in_force

Sec. 4. The prosecutor review board is established.

As added by P.L.147-2025, SEC.2.
Ind. Code § 33-35-2-6 — Indiana Code / Title 33 / Article 35 / Chapter 2 / Section 33-35-2-6
City courts in third class cities that are not county seats; civil jurisdiction; limitations
Status: in_force

Sec. 6. A city court in a third class city that is not a county seat and to which section 5 of this chapter does not apply has concurrent jurisdiction with the circuit court in civil cases in which the amount in controversy does not exceed three thousand dollars ($3,000). However, the city court does not have:

(1) jurisdiction in actions for:

(A) slander;

(B) libel;

(C) foreclosure of mortgages on real estate, in which the title to real estate is in issue;

(D) all matters relating to a decedent's estate, appointment of guardians and all related matters; and

(E) actions in equity; and

(2) original jurisdiction in which the principal defendant resides within another city having a city court with a civil jurisdiction.

Judgments rendered in the city court, when a certified transcript is filed with the clerk of the circuit court, have the same force as judgments rendered in the circuit court.

[Pre-2004 Recodification Citation: 33-10.1-2-5.]

As added by P.L.98-2004, SEC.14.
Ind. Code § 33-33-82-8 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-8
Seal
Status: in_force

Sec. 8. The court shall have a seal consisting of a circular disk containing the words "Vanderburgh Superior Court", "Indiana", and "Seal", and a design as the court may determine, an impression of which shall be spread of record upon the order book of the court.

[Pre-2004 Recodification Citation: 33-5-43-3.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-28-3-4 — Indiana Code / Title 33 / Article 28 / Chapter 3 / Section 33-28-3-4
Jurisdiction of small claims docket
Status: in_force

Sec. 4. (a) This section applies after June 30, 2021.

(b) The small claims docket has jurisdiction over the following:

(1) Civil actions in which the amount sought or value of the property sought to be recovered is not more than ten thousand dollars ($10,000). The plaintiff in a statement of claim or the defendant in a counterclaim may waive the excess of any claim that exceeds ten thousand dollars ($10,000) in order to bring it within the jurisdiction of the small claims docket.

(2) Possessory actions between landlord and tenant in which the rent due at the time the action is filed does not exceed ten thousand dollars ($10,000).

(3) Emergency possessory actions between a landlord and tenant under IC 32-31-6.

[Pre-2004 Recodification Citation: 33-4-3-7.]

As added by P.L.98-2004, SEC.7. Amended by P.L.162-2020, SEC.7; P.L.125-2021, SEC.1.
Ind. Code § 33-33-20-5 — Indiana Code / Title 33 / Article 33 / Chapter 20 / Section 33-33-20-5
Rules
Status: in_force

Sec. 5. The judges of the Elkhart superior court may make rules for conducting the business of the court.

[Pre-2004 Recodification Citations: 33-5-13.1-4; 33-5-13.1-15.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-27-2-5 — Indiana Code / Title 33 / Article 27 / Chapter 2 / Section 33-27-2-5
Duration in office
Status: in_force

Sec. 5. A member of the judicial nominating commission may serve until the member's successor is appointed or elected. An attorney commissioner or a nonattorney commissioner is not eligible for successive reelection or reappointment. However, an attorney commissioner or a nonattorney commissioner who has been appointed or elected to fill a vacancy on the commission for less than one (1) year is eligible upon the expiration of that term, if otherwise qualified, for a succeeding term.

[Pre-2004 Recodification Citation: 33-2.1-4-5.]

As added by P.L.98-2004, SEC.6.
Ind. Code § 33-42-0.5-3 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-3
"Appearance" or "appear"
Status: in_force

Sec. 3. "Appearance" or "appear", with respect to a notarial act, refers to an individual's presence before a notarial officer by:

(1) being:

(A) physically present before the notarial officer;

(B) able to interact with the notarial officer; and

(C) able to physically exchange tangible credentials or other documentation with the notarial officer; or

(2) the use of audio visual communication.

As added by P.L.59-2018, SEC.10.
Ind. Code § 33-39-8-5 — Indiana Code / Title 33 / Article 39 / Chapter 8 / Section 33-39-8-5
Duties of council
Status: in_force

Sec. 5. The council shall do the following:

(1) Assist in the coordination of the duties of the prosecuting attorneys of the state and their staffs.

(2) Prepare manuals of procedure.

(3) Give assistance in preparation of the trial briefs, forms, and instructions.

(4) Conduct training for prosecuting attorneys and the staff of prosecuting attorneys.

(5) Conduct research and studies that would be of interest and value to all prosecuting attorneys and their staffs.

(6) Maintain liaison contact with study commissions and agencies of all branches of local, state, and federal government that will be of benefit to law enforcement and the fair administration of justice in Indiana.

(7) Adopt guidelines for the expenditure of funds derived from a deferral program or a pretrial diversion program.

(8) The council shall:

(A) compile forfeiture data received under IC 34-24-1-4.5; and

(B) annually submit a report to the legislative council containing the compiled data.

The council shall submit the report to the legislative council before July 15 of every year. The report must be in an electronic format under IC 5-14-6. The council may adopt rules under IC 4-22-2 to implement this subdivision.

[Pre-2004 Recodification Citation: 33-14-8-4.]

As added by P.L.98-2004, SEC.18. Amended by P.L.176-2005, SEC.22; P.L.237-2015, SEC.7; P.L.55-2022, SEC.12.
Ind. Code § 33-44-3-3 — Indiana Code / Title 33 / Article 44 / Chapter 3 / Section 33-44-3-3
"Board"
Status: in_force

Sec. 3. "Board" refers to the Indiana attorney trust account board established by IC 33-44-4-1.

[Pre-2004 Recodification Citation: 33-20-3-3.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-39-7-7 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-7
"Salary"
Status: in_force

Sec. 7. As used in this chapter, "salary" means the salary paid to a participant by the state, determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code. The term does not include an amount paid to a participant by a county or counties.

[Pre-2004 Recodification Citation: 33-14-9-6.]

As added by P.L.98-2004, SEC.18.
Ind. Code § 33-25-2-1 — Indiana Code / Title 33 / Article 25 / Chapter 2 / Section 33-25-2-1
Approval or rejection of appeals court judges
Status: in_force

Sec. 1. Judges of the court of appeals shall be approved or rejected by the electorate of Indiana under Article 7, Section 11 of the Constitution of the State of Indiana.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.4.
Ind. Code § 33-23-19-4 — Indiana Code / Title 33 / Article 23 / Chapter 19 / Section 33-23-19-4
Request to remove or prevent publication of personal information; civil action
Status: in_force

Sec. 4. (a) A protected individual, or the office of judicial administration on behalf of a protected individual, may submit a written request to a public agency (as defined in IC 5-14-3-2(q)) to:

(1) prevent publication of personal information of the protected individual; or

(2) remove personal information of the protected individual from an existing publication.

(b) A request made under subsection (a) must be sent by certified mail or electronic mail and contain the following:

(1) Sufficient information to confirm that the person subject to the request is a protected individual.

(2) A description of the document, posting, or other publication containing the personal information that is sought to be removed.

A request made by the office of judicial administration that certifies that the person subject to the request is a protected individual is sufficient for the purposes of subdivision (1).

(c) Not later than one (1) day after receiving a request under this section, a public agency shall acknowledge receipt of the request.

(d) After receiving a request under this section, a public agency shall:

(1) as soon as practicable, take action necessary to ensure that the personal information of the protected individual is not published; or

(2) not later than three (3) days after receipt of the request, remove all personal information of the protected person from publication.

(e) A protected individual or the office of judicial administration may bring a civil action against a public agency for a violation of subsection (d). A prevailing party may recover:

(1) actual damages;

(2) declaratory relief;

(3) injunctive relief; and

(4) costs and reasonable attorney's fees.

A court may also award punitive damages if the court finds that the defendant willfully refused to remove the personal information of a protected person.

As added by P.L.139-2026, SEC.1.
Ind. Code § 33-38-14-29 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-29
Record of commission proceedings
Status: in_force

Sec. 29. The commission shall keep a record of all formal proceedings concerning a judge. The commission shall enter its determination in the record and mail notice to the judge and the counsel. If the commission recommends the discipline, retirement, or removal of a judge to the supreme court, the commission shall prepare a transcript of the evidence and proceedings and shall make written findings of fact and conclusions of law.

[Pre-2004 Recodification Citation: 33-2.1-6-23.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-32-4-7 — Indiana Code / Title 33 / Article 32 / Chapter 4 / Section 33-32-4-7
Reimbursement
Status: in_force

Sec. 7. If:

(1) fees collected under IC 33-37-5-6 are credited to an account under section 6(2) of this chapter because a check or money order was dishonored by a financial institution or was the subject of a stop payment order; and

(2) a person subsequently pays to the clerk all or part of the amount of the check or money order that was dishonored or the subject of a stop payment order;

the clerk must reimburse the account containing fees collected under IC 33-37-5-6 using the amount the person paid to the clerk.

[Pre-2004 Recodification Citation: 33-17-1-4.]

As added by P.L.98-2004, SEC.11.
Ind. Code § 33-25-3-1 — Indiana Code / Title 33 / Article 25 / Chapter 3 / Section 33-25-3-1
Chief judge; presiding judges
Status: in_force

Sec. 1. (a) The judges of the court of appeals shall select one (1) of their members as chief judge of the court. The member selected retains that office for three (3) years after the effective date of the member's appointment, subject to reappointment in the same manner. However, a member of the court may resign the office of chief judge without resigning from the court. When a vacancy in the office of chief judge occurs due to absence, illness, incapacity, or resignation, the powers and duties of the chief judge devolve upon the judge of the court of appeals who is senior in length of service. However, if two (2) or more judges are equal in length of service and senior in length of service, the determination of chief judge shall be by lot until the cause of vacancy is terminated or the vacancy is filled.

(b) The members of each district, other than the district from which the chief judge was chosen, shall select one (1) of their members as presiding judge of the district.

[Pre-2004 Recodification Citation: 33-2.1-2-4.]

As added by P.L.98-2004, SEC.4.
Ind. Code § 33-41-1-5 — Indiana Code / Title 33 / Article 41 / Chapter 1 / Section 33-41-1-5
Transcript of proceedings
Status: in_force

Sec. 5. (a) If requested to do so, an official reporter shall furnish to either party in a cause a transcript of all or any part of the proceedings required by the reporter to be taken or noted, including all documentary evidence.

(b) An official reporter shall furnish a typewritten or printed transcript described in subsection (a) as soon after being requested to do so as practicable.

(c) The reporter shall certify that the transcript contains all the evidence given in the cause.

(d) The reporter may require payment for a transcript, or that the payment be satisfactorily secured, before the reporter proceeds to do the required work.

(e) In a criminal action (as defined by IC 35-32-4-1), the official reporter shall comply with the requirements for redaction under IC 35-32-4.

[Pre-2004 Recodification Citation: 33-15-23-5.]

As added by P.L.98-2004, SEC.20. Amended by P.L.65-2004, SEC.22; P.L.129-2026, SEC.1.
Ind. Code § 33-35-3-3 — Indiana Code / Title 33 / Article 35 / Chapter 3 / Section 33-35-3-3
Bailiff of city courts
Status: in_force

Sec. 3. (a) The bailiff of a city court must be a police officer of the city assigned to the court by the chief of police, under direction of the board of public safety. However, the judge of the city court may appoint another person to serve as bailiff.

(b) The bailiff shall give bond payable to the city in the penal sum of one thousand dollars ($1,000), with surety to be approved by the mayor, conditioned on the faithful and honest discharge of the bailiff's duties. The bond shall be filed in the office of the controller or clerk-treasurer.

(c) The bailiff shall do the following:

(1) Be present at the sessions of the court, maintaining order and performing all other duties subject to the order of the court.

(2) Take charge of all executions issued by the court and see to the collection of the executions.

(3) Keep, in books to be furnished by the controller or clerk-treasurer, an accurate account and docket of all executions that come into the bailiff's hands, showing the:

(A) names of the defendants;

(B) date and number of the execution;

(C) amount of fines, fees, or penalties imposed; and

(D) disposition of the execution.

(4) Make and deliver a written report to the clerk of the court on Tuesday of each week, showing all money collected by the bailiff during the previous week, giving the:

(A) names of the defendants;

(B) number of executions; and

(C) amount of fines, fees, or penalties collected;

and pay the money to the clerk, taking the clerk's receipt for the payments.

(d) The salary of the bailiff shall be fixed as salaries of other police officers are fixed.

(e) The bailiff of a city court of the three (3) cities having the largest populations in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) shall be appointed by the judge of the court. The bailiff shall serve and execute all processes issued by the court and is entitled to receive a salary fixed by the common council of the city. In addition, the bailiff may collect a fee from a defendant for the bailiff's own use on all execution sales of property under an execution or attachment as follows:

(1) On the first fifty dollars ($50), ten percent (10%).

(2) On more than fifty dollars ($50) and not more than three hundred dollars ($300), five percent (5%).

(3) On all sums over three hundred dollars ($300), three percent (3%).

(4) Any additional sum necessarily expended by the bailiff in collecting the judgment.

A bailiff may use the bailiff's private vehicle in the performance of the bailiff's duties and is entitled to receive a sum for mileage equal to the sum paid per mile to state officers and employees. The payment to the bailiff is subject to the approval of the judge. The judge shall include in the budget for the court sufficient money to provide for the anticipated claims of the bailiff. The common council shall make annual appropriations that are necessary to carry out this subsection.

[Pre-2004 Recodification Citation: 33-10.1-6-3.]

As added by P.L.98-2004, SEC.14. Amended by P.L.11-2023, SEC.102.
Ind. Code § 33-33-71-26 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-26
Transfer of causes from circuit court
Status: in_force

Sec. 26. The judge of the circuit court may, with the consent of the chief judge, transfer any action, cause, or proceeding filed and docketed in the circuit court to the superior court by transferring all original papers and instruments filed in the action, cause, or proceeding without further transcript to be redocketed and disposed of as if originally filed with the superior court.

[Pre-2004 Recodification Citation: 33-5-40-26.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-6-1 — Indiana Code / Title 33 / Article 33 / Chapter 6 / Section 33-33-6-1
Judicial circuit
Status: in_force

Sec. 1. Boone County constitutes the twentieth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-6.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-5-23 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-23
Sexual assault victims assistance fee
Status: in_force

Sec. 23. (a) This section applies to criminal actions.

(b) The court shall assess a sexual assault victims assistance fee of at least five hundred dollars ($500) and not more than five thousand dollars ($5,000) against an individual convicted in Indiana of any of the following offenses:

(1) Rape (IC 35-42-4-1).

(2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).

(3) Child molesting (IC 35-42-4-3).

(4) Child exploitation (IC 35-42-4-4).

(5) Vicarious sexual gratification (IC 35-42-4-5).

(6) Child solicitation (IC 35-42-4-6).

(7) Child seduction (IC 35-42-4-7).

(8) Sexual battery (IC 35-42-4-8).

(9) Sexual misconduct with a minor as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 4 felony (for a crime committed after June 30, 2014) (IC 35-42-4-9).

(10) Incest (IC 35-46-1-3).

(11) Promotion of human labor trafficking (IC 35-42-3.5-1).

(12) Promotion of human sexual trafficking (IC 35-42-3.5-1.1).

(13) Promotion of child sexual trafficking (IC 35-42-3.5-1.2(a)).

(14) Promotion of sexual trafficking of a younger child (IC 35-42-3.5-1.2(c)).

(15) Child sexual trafficking (IC 35-42-3.5-1.3).

(16) Human trafficking (IC 35-42-3.5-1.4).

[Pre-2004 Recodification Citation: 33-19-6-21.]

As added by P.L.98-2004, SEC.16. Amended by P.L.214-2013, SEC.30; P.L.158-2013, SEC.341; P.L.168-2014, SEC.46; P.L.13-2016, SEC.9; P.L.144-2018, SEC.10; P.L.92-2026, SEC.17.
Ind. Code § 33-38-13-2 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-2
"Commission" defined
Status: in_force

Sec. 2. As used in this chapter, "commission" means the commission on judicial qualifications described in Article 7, Section 9 of the Constitution of the State of Indiana.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-23-5-6 — Indiana Code / Title 33 / Article 23 / Chapter 5 / Section 33-23-5-6
Service as judge pro tempore or special judge
Status: in_force

Sec. 6. A magistrate may serve as a judge pro tempore or as a special judge of the court. A magistrate is not entitled to additional compensation for service under this section.

[Pre-2004 Recodification Citation: 33-4-7-5.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-41-2-7 — Indiana Code / Title 33 / Article 41 / Chapter 2 / Section 33-41-2-7
Appropriation for county salaries
Status: in_force

Sec. 7. County councils shall appropriate annually a sufficient amount to pay the county salaries authorized by this chapter.

[Pre-2004 Recodification Citation: 33-15-26-2.]

As added by P.L.98-2004, SEC.20.
Ind. Code § 33-33-27.2-8 — Indiana Code / Title 33 / Article 33 / Chapter 27.2 / Section 33-33-27.2-8
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-19-7.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-35-5-5 — Indiana Code / Title 33 / Article 35 / Chapter 5 / Section 33-35-5-5
City court; issues of fact to be tried by judge unless demand for jury trial
Status: in_force

Sec. 5. All issues of fact pending in city courts shall be tried by the judge, unless either party demands a jury trial. The jury must consist of six (6) qualified residents of the city, to be summoned by the bailiff by venire issued by the judge. City residents shall be selected for jury service according to the procedures set out in IC 33-28-5.

[Pre-2004 Recodification Citation: 33-10.1-5-5.]

As added by P.L.98-2004, SEC.14. Amended by P.L.118-2007, SEC.25.
Ind. Code § 33-23-8-4 — Indiana Code / Title 33 / Article 23 / Chapter 8 / Section 33-23-8-4
Conviction notice; insurance fraud or an offense that relates to insurance
Status: in_force

Sec. 4. If a practitioner:

(1) violates IC 35-43-5-4.7 (insurance fraud); or

(2) is convicted under IC 35-43-5-4 of an offense that relates to insurance (including an attempt or a conspiracy);

the sentencing court shall provide notice of the conviction to each governmental body that has issued a license to the practitioner.

[Pre-2004 Recodification Citation: 33-1-16-4.]

As added by P.L.98-2004, SEC.2. Amended by P.L.181-2005, SEC.3; P.L.142-2020, SEC.52; P.L.174-2021, SEC.27.
Ind. Code § 33-35-4-3 — Indiana Code / Title 33 / Article 35 / Chapter 4 / Section 33-35-4-3
Proceeding to procure liquor license; city court judge not to act as attorney for applicant; violation; offense
Status: in_force

Sec. 3. A city court judge may not act as attorney, agent, or counsel for the applicant in a proceeding to procure a license to retail or wholesale intoxicating liquors under IC 7.1 or aid or assist in any manner in the procuring of such a license. A person who recklessly violates this section commits a Class B misdemeanor.

[Pre-2004 Recodification Citation: 33-10.1-4-3.]

As added by P.L.98-2004, SEC.14.
Ind. Code § 33-23-11-5 — Indiana Code / Title 33 / Article 23 / Chapter 11 / Section 33-23-11-5
"Employer"
Status: in_force

Sec. 5. As used in this chapter, "employer" means any person from whom the judge, justice, or prosecuting attorney or the spouse of the judge, justice, or prosecuting attorney receives any nonstate income.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-10-10 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-10
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-10-15.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-60-3 — Indiana Code / Title 33 / Article 33 / Chapter 60 / Section 33-33-60-3
Presiding judge; selection
Status: in_force

Sec. 3. The judges of the Owen circuit court shall select from among themselves a presiding judge of the circuit court.

As added by P.L.83-2013, SEC.5.
Ind. Code § 33-34-4-3 — Indiana Code / Title 33 / Article 34 / Chapter 4 / Section 33-34-4-3
Process; judgments
Status: in_force

Sec. 3. A judge may:

(1) issue and direct all process to individuals and corporations necessary to exercise the jurisdiction of the court;

(2) make all proper judgment, sentences, decrees, and orders; and

(3) do all acts necessary or proper in conformity with state laws;

assisted as necessary by the clerk of the circuit court.

[Pre-2004 Recodification Citation: 33-11.6-5-3.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-33-79.4-13 — Indiana Code / Title 33 / Article 33 / Chapter 79.4 / Section 33-33-79.4-13
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-42.2-12.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-28-5-15 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-15
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-4-11-15.]

As added by P.L.98-2004, SEC.7. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-26-9-5 — Indiana Code / Title 33 / Article 26 / Chapter 9 / Section 33-26-9-5
Filing fee refund
Status: in_force

Sec. 5. If a taxpayer prevails in a complaint that is placed on the small claims docket under IC 33-26-5, the tax court shall order the refund of the taxpayer's filing fee under section 1 of this chapter from the state general fund. The state comptroller shall pay a warrant that is ordered under this section.

[Pre-2004 Recodification Citation: 33-3-5-20.]

As added by P.L.98-2004, SEC.5. Amended by P.L.9-2024, SEC.505.
Ind. Code § 33-37-3-8 — Indiana Code / Title 33 / Article 37 / Chapter 3 / Section 33-37-3-8
Name change actions; separate fee
Status: in_force

Sec. 8. Notwithstanding IC 33-37-4-4, the clerk may not collect a separate civil fee for a name change action initiated under IC 31-15-2-18.

[Pre-2004 Recodification Citation: 33-19-3-7.]

As added by P.L.98-2004, SEC.16.
Ind. Code § 33-33-30-11 — Indiana Code / Title 33 / Article 33 / Chapter 30 / Section 33-33-30-11
Magistrate
Status: in_force

Sec. 11. (a) The judges of the Hancock circuit court and Hancock superior courts may jointly appoint one (1) full-time magistrate under IC 33-23-5 to serve the circuit and superior courts.

(b) The magistrate continues in office until removed by the judges of the Hancock circuit and superior courts.

As added by P.L.123-2021, SEC.6.
Ind. Code § 33-33-48-8 — Indiana Code / Title 33 / Article 33 / Chapter 48 / Section 33-33-48-8
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-33.1-17.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-2-17 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-17
Clerk and sheriff; duties, liabilities, fees, and procedure
Status: in_force

Sec. 17. (a) The sheriff shall attend the Allen superior court. The clerk and the sheriff shall discharge all the duties pertaining to their respective offices as they are required to do by law in the circuit court.

(b) All laws prescribing the duties and liabilities of clerk and sheriff and the mode of proceeding against them, or either of them, for neglect of official duty, allowing fees, and providing for the collection fees in the circuit court, apply to the Allen superior court.

(c) In a case in the Allen superior court based upon a violation of a city ordinance where fines or forfeitures are adjudged against a party:

(1) the fines or forfeitures shall be paid to and collected by the clerk and regularly remitted to the city clerk of the city that issued the ordinance; and

(2) the city clerk shall disburse the fines or forfeitures as required by law.

Payment of fines for admitted parking violations shall be made to the city clerk of the city that issued the ordinances concerning parking violations.

[Pre-2004 Recodification Citation: 33-5-5.1-12.]

As added by P.L.98-2004, SEC.12. Amended by P.L.78-2014, SEC.11.
Ind. Code § 33-35-1-5 — Indiana Code / Title 33 / Article 35 / Chapter 1 / Section 33-35-1-5
Town court judge; oath; bond
Status: in_force

Sec. 5. Before beginning the duties of office, the judge of a town court must:

(1) take and subscribe to the same oath of office as judges of circuit courts; and

(2) execute a bond payable to the town in the penal sum of five thousand dollars ($5,000), conditioned upon the faithful performance of the duties of the judge's office with good and sufficient surety.

The bond must be approved by the legislative body of the town and filed in the office of the town clerk-treasurer.

[Pre-2004 Recodification Citations: 33-10.1-3-3.]

As added by P.L.98-2004, SEC.14.
Ind. Code § 33-24-13-6 — Indiana Code / Title 33 / Article 24 / Chapter 13 / Section 33-24-13-6
Development of programs and opportunities in furtherance of program purposes
Status: in_force

Sec. 6. The courts of the state are encouraged and requested to develop programs and opportunities to further the purposes of the program.

[Pre-2004 Recodification Citation: 33-2.1-12-6.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-38-7-5 — Indiana Code / Title 33 / Article 38 / Chapter 7 / Section 33-38-7-5
"Fund"
Status: in_force

Sec. 5. As used in this chapter, "fund" refers to the Indiana judges' retirement fund established by IC 33-38-6-12.

[Pre-2004 Recodification Citation: 33-13-9.1-2.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-44-3-9 — Indiana Code / Title 33 / Article 44 / Chapter 3 / Section 33-44-3-9
"Legal assistance"
Status: in_force

Sec. 9. (a) "Legal assistance" means direct representation by an attorney of an eligible client in a civil matter pending in Indiana, including counsel, litigation, research, coordination with pro bono programs, support services, substantive and procedural training for attorneys and paralegals in poverty law subjects, and any other activity necessary to ensure the effective delivery of quality legal services in a civil matter.

(b) The term does not include representation of an eligible client in:

(1) criminal matters; or

(2) a fee generating case.

[Pre-2004 Recodification Citation: 33-20-3-9.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-0.5-7 — Indiana Code / Title 33 / Article 33 / Chapter 0.5 / Section 33-33-0.5-7
Transition to remaining court
Status: in_force

Sec. 7. (a) This section applies if, on the abolition date, there is only one (1) remaining court.

(b) On the abolition date, all agreements and liabilities of the abolished court are transferred to the remaining court.

(c) On the abolition date, all records and property of the abolished court, including appropriations and other funds under the control or supervision of the court, are transferred to the remaining court.

(d) On the abolition date, any amounts owed to the abolished court before the abolition date are considered to be owed to the remaining court.

(e) On and after the abolition date, any reference to the abolished court in a statute, rule, or other document is considered a reference to the remaining court.

(f) On the abolition date, all proceedings pending before the abolished court are transferred to the remaining court.

As added by P.L.224-2025, SEC.2.
Ind. Code § 33-31-1-8 — Indiana Code / Title 33 / Article 31 / Chapter 1 / Section 33-31-1-8
Trial extending beyond term of court
Status: in_force

Sec. 8. When a trial is begun and in progress at the time when by law, the term of the court would expire, the term shall be extended until the close of the trial.

[Pre-2004 Recodification Citation: 33-8-2-8.]

As added by P.L.98-2004, SEC.10.
Ind. Code § 33-33-2-24 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-24
Fees of jurors and witnesses
Status: in_force

Sec. 24. Jurors and witnesses in attendance upon the Allen superior court shall receive the same fees as are provided for by law for jurors and witnesses in the circuit court.

[Pre-2004 Recodification Citation: 33-5-5.1-18.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-2-43 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-43
Vacancy in judgeship; appointment from list of nominees
Status: in_force

Sec. 43. (a) A vacancy created by a superior court judge's departure from office before the expiration of the judge's term in office that is not filled by a transfer under section 39 of this chapter shall be filled by appointment of the governor from the list of nominees. If the governor fails to make an appointment from the list within sixty (60) days after the list is presented to the governor, the appointment shall be made by the chief justice of the supreme court from the same list.

(b) The governor shall make all appointments to the Allen superior court without regard to the political affiliation of any of the nominees and shall consider only those qualifications included in section 40 of this chapter.

[Pre-2004 Recodification Citation: 33-5-5.1-41.1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-2-25 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-25
Transfer of cases from circuit court
Status: in_force

Sec. 25. The judge of the Allen circuit court may, with the consent of the Allen superior court, transfer any action, cause, or proceeding filed and docketed in the circuit court to the superior court by transferring all original papers and instruments filed in the action, cause, or proceeding without a further transcript to be redocketed and disposed of as if originally filed with the Allen superior court.

[Pre-2004 Recodification Citation: 33-5-5.1-25.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-34-3-1 — Indiana Code / Title 33 / Article 34 / Chapter 3 / Section 33-34-3-1
Venue in township small claims court within county
Status: in_force

Sec. 1. (a) Except for a claim between landlord and tenant, a case within the jurisdiction of a small claims court may be:

(1) venued;

(2) commenced; and

(3) decided;

in any township small claims court within the county. However, upon a motion for change of venue filed by the defendant within ten (10) days of service of the summons, the township small claims court shall determine in accordance with subsection (b) whether required venue lies with the court or with another small claims court in the county in which the small claims court action was filed.

(b) The venue determination to be made under subsection (a) must be made in the following order:

(1) In an action upon a debt or account, venue is in the township where any defendant has consented to venue in a writing signed by the defendant.

(2) Venue is in the township where a transaction or occurrence giving rise to any part of the claim took place.

(3) Venue is in the township (in a county of the small claims court) where the greater percentage of individual defendants included in the complaint resides, or, if there is not a greater percentage, the place where any individual named as a defendant:

(A) resides;

(B) owns real estate; or

(C) rents an apartment or real estate or where the principal office or place of business of any defendant is located.

(4) Venue is in the township where the claim was filed if there is no other township in the county in which the small claims court sits in which required venue lies.

(c) Venue of any claim between landlord and tenant must be in the township where the real estate is located.

(d) If a written motion challenging venue is received by the small claims court, the court shall rule whether required venue lies in the township of filing.

[Pre-2004 Recodification Citation: 33-11.6-4-1.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-25-4-4 — Indiana Code / Title 33 / Article 25 / Chapter 4 / Section 33-25-4-4
Appointment of a court marshal
Status: in_force

Sec. 4. (a) The court of appeals may appoint a court marshal.

(b) A court marshal appointed under subsection (a):

(1) serves at the pleasure of the court of appeals until the court of appeals terminates the court marshal's service by an order of the court;

(2) provides for the safety and security of the court of appeals and the tax court; and

(3) has the authority to hire deputy marshals to assist with the duties required under this chapter.

As added by P.L.139-2026, SEC.5.
Ind. Code § 33-33-21-5 — Indiana Code / Title 33 / Article 33 / Chapter 21 / Section 33-33-21-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-17.1-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-42-15-1 — Indiana Code / Title 33 / Article 42 / Chapter 15 / Section 33-42-15-1
Secretary of state authentication
Status: in_force

Sec. 1. (a) The secretary of state may attest to the authenticity of the signature of a public official in Indiana.

(b) Except as provided in subsection (c), the secretary of state may attest to the authenticity of a signature or certify a signature of a notary public.

(c) The secretary of state may not certify or attest to the signature of a notary public on a document regarding:

(1) allegiance to a government or jurisdiction;

(2) the relinquishment or renunciation of citizenship, military status, sovereignty, or world service authority; or

(3) a claim of immunity from the jurisdiction of the United States, the laws of any state of the United States, or federal law.

As added by P.L.128-2017, SEC.23.
Ind. Code § 33-33-79.4-10 — Indiana Code / Title 33 / Article 33 / Chapter 79.4 / Section 33-33-79.4-10
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-42.2-9.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-33-56-1 — Indiana Code / Title 33 / Article 33 / Chapter 56 / Section 33-33-56-1
Judicial circuit
Status: in_force

Sec. 1. (a) Newton County constitutes the seventy-ninth judicial circuit.

(b) The Newton circuit court has a standard small claims and misdemeanor division.

[Pre-2004 Recodification Citation: 33-4-1-56.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-24-5.1-2 — Indiana Code / Title 33 / Article 24 / Chapter 5.1 / Section 33-24-5.1-2
Appointment
Status: in_force

Sec. 2. (a) The supreme court may appoint a court marshal.

(b) A marshal appointed under subsection (a) has the authority to hire deputy marshals to assist with the duties required under this chapter.

(c) A supreme court marshal serves at the pleasure of the chief justice until the supreme court terminates the court marshal's service by an order of the court.

As added by P.L.139-2026, SEC.3.
Ind. Code § 33-33-10-10.1 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-10.1
Expired
Status: repealed

As added by P.L.138-2020, SEC.13. Expired 1-1-2025 by P.L.138-2020, SEC.13.
Ind. Code § 33-33-58-6 — Indiana Code / Title 33 / Article 33 / Chapter 58 / Section 33-33-58-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.7-5.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.127-2008, SEC.21.
Ind. Code § 33-33-19-4 — Indiana Code / Title 33 / Article 33 / Chapter 19 / Section 33-33-19-4
Clerk and sheriff
Status: in_force

Sec. 4. The clerk of the Dubois circuit court shall serve as the clerk of the Dubois superior court, and the sheriff of Dubois County shall serve as the sheriff of the Dubois superior court. The sheriff shall attend the court. The clerk and the sheriff shall perform the same duties relating to their offices as they are required to do with respect to the Dubois circuit court.

[Pre-2004 Recodification Citation: 33-5-12.5-8.]

As added by P.L.98-2004, SEC.12. Amended by P.L.78-2014, SEC.14.
Ind. Code § 33-33-15-4 — Indiana Code / Title 33 / Article 33 / Chapter 15 / Section 33-33-15-4
Personnel
Status: in_force

Sec. 4. In addition to a bailiff and an official court reporter for the court appointed under IC 33-29-1-5, each judge may appoint a referee, a commissioner, or other personnel as the judge considers necessary to facilitate and transact the business of the court. The salary of a referee, a commissioner, or other person:

(1) shall be fixed in the same manner as the salaries of the personnel for the Dearborn circuit court; and

(2) shall be paid monthly out of the treasury of Dearborn County as provided by law.

Personnel appointed under this section or IC 33-29-1-5 continue in office until removed by the judge of the court for which the personnel were appointed.

[Pre-2004 Recodification Citation: 33-5-10.2-5.]

As added by P.L.98-2004, SEC.12. Amended by P.L.237-2005, SEC.4.
Ind. Code § 33-38-9.5-2.1 — Indiana Code / Title 33 / Article 38 / Chapter 9.5 / Section 33-38-9.5-2.1
Meetings
Status: in_force

Sec. 2.1. The justice reinvestment advisory council established under section 2 of this chapter shall meet at the call of the chair.

As added by P.L.42-2024, SEC.153.
Ind. Code § 33-28-1-7 — Indiana Code / Title 33 / Article 28 / Chapter 1 / Section 33-28-1-7
Seal of court
Status: in_force

Sec. 7. The circuit court of each county shall have a seal. A description of the seal must be signed by the judge devising the seal. The seal must be filed by the clerk and recorded.

[Pre-2004 Recodification Citation: 33-4-2-6.]

As added by P.L.98-2004, SEC.7.
Ind. Code § 33-33-49-25 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-25
Transfer of cases to circuit court
Status: in_force

Sec. 25. The chief judge may, with the consent of the judge of the Marion circuit court and under rules adopted by the court, transfer any action, cause, or proceeding without further transcript to be redocketed and disposed of as if originally filed with the Marion circuit court.

[Pre-2004 Recodification Citation: 33-5.1-2-20.]

As added by P.L.98-2004, SEC.12. Amended by P.L.76-2026, SEC.17.
Ind. Code § 33-33-58-13 — Indiana Code / Title 33 / Article 33 / Chapter 58 / Section 33-33-58-13
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.7-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.127-2008, SEC.21.
Ind. Code § 33-33-50-1 — Indiana Code / Title 33 / Article 33 / Chapter 50 / Section 33-33-50-1
Judicial circuit
Status: in_force

Sec. 1. Marshall County constitutes the seventy-second judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-50.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-92-3 — Indiana Code / Title 33 / Article 33 / Chapter 92 / Section 33-33-92-3
Judge; location of court sessions
Status: in_force

Sec. 3. The Whitley superior court has one (1) judge who shall hold sessions in:

(1) the Whitley County courthouse in Columbia City; or

(2) other places in the county that the board of county commissioners of Whitley County may provide.

[Pre-2004 Recodification Citation: 33-5-50-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-28-3-5 — Indiana Code / Title 33 / Article 28 / Chapter 3 / Section 33-28-3-5
Exceptions to formal practice and procedure; answer and appearance; continuance; informality
Status: in_force

Sec. 5. (a) The exceptions provided in this section to formal practice and procedure apply to all cases on the small claims docket.

(b) A defendant is considered to have complied with the statute and rule requiring the filing of an answer upon entering an appearance personally or by attorney. The appearance constitutes a general denial and preserves all defenses and compulsory counterclaims, which may then be presented at the trial of the case.

(c) If, at the trial of the case, the court determines:

(1) that the complaint is so vague or ambiguous that the defendant was unable to determine the nature of the plaintiff's claim; or

(2) that the plaintiff is surprised by a defense or compulsory counterclaim raised by the defendant that the plaintiff could not reasonably have anticipated;

the court shall grant a continuance.

(d) The trial shall be conducted informally, with the objective of dispensing speedy justice between the parties according to the rules of substantive law. The trial is not bound by the statutes or rules governing practice, procedure, pleadings, or evidence except for provisions relating to privileged communications and offers of compromise.

[Pre-2004 Recodification Citation: 33-4-3-8.]

As added by P.L.98-2004, SEC.7.
Ind. Code § 33-38-13-25 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-25
Hearings; additional evidence
Status: in_force

Sec. 25. The commission may order a hearing to take additional evidence at any time while a matter is pending before it. The hearing must be in the county in which the justice or judge resides. The order must set the time and place of the hearing and shall indicate the matters on which evidence will be taken. The commission shall send a copy of the order to the judge and the counsel not less than ten (10) days before the hearing. If masters have been appointed, the hearing shall be before the masters, and the hearing must conform with sections 18 through 24 of this chapter and this section.

[Pre-2004 Recodification Citation: 33-2.1-5-18.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-42-17-7 — Indiana Code / Title 33 / Article 42 / Chapter 17 / Section 33-42-17-7
Electronic notarial certificate; form
Status: in_force

Sec. 7. (a) An electronic notarial certificate of a remote notarial act must:

(1) specify that the notarial act is a remote notarial act;

(2) include a space in which a remote notary public may indicate whether the principal in the remote notarial act appeared before the remote notary public under section 4(a)(1) or 4(a)(2) of this chapter; and

(3) specify the:

(A) city and county in Indiana in which the remote notary public is physically located when the remote notary public performs the remote notarial act; and

(B) city, county, state or province, and country in which the principal is physically located when the principal signs the document.

(b) Completion of either of the following forms satisfies the requirements of this section where a principal appears before a remote notary public:

"State of Indiana

County of________________

City of___________________

I certify that the attached or associated electronic record

entitled__________________________________________ and

dated___________________________ was signed by the

principal__________________ who was located in this

city_________________, county___________, state or

province______________, and country_____________ and

notarized by me, the remote notary public, on this

date__________________ in this city and county____________,

Indiana.

Signed_____________________________, remote notary public.

Printed name of remote notary public_____________________

Date notary public commission expires____________________".

"State of Indiana

County of________________

City of___________________

I certify that the attached or associated electronic record

entitled__________________________________________ and

dated____________ was acknowledged and signed by the

principal__________________ who was located in this

city___________________, county_____________, state or

province______________, and country_____________ and who

appeared by audio visual communication on this date, was

notarized by me, the remote notary public, on this

date_________ in this city and county_____________________,

Indiana.

Signed_____________________________, remote notary public.

Printed name of remote notary public ____________________

Date notary public commission expires___________________".

As added by P.L.59-2018, SEC.64. Amended by P.L.185-2021, SEC.61.
Ind. Code § 33-33-37-1 — Indiana Code / Title 33 / Article 33 / Chapter 37 / Section 33-33-37-1
Judicial circuit; small claims and misdemeanor division
Status: in_force

Sec. 1. (a) Jasper County constitutes the thirtieth judicial circuit.

(b) The Jasper circuit court has a standard small claims and misdemeanor division.

[Pre-2004 Recodification Citation: 33-4-1-37.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-32-10 — Indiana Code / Title 33 / Article 33 / Chapter 32 / Section 33-33-32-10
Magistrates
Status: in_force

Sec. 10. (a) The judges of the Hendricks superior courts may jointly appoint two (2) full-time magistrates under IC 33-23-5 to serve the superior courts.

(b) The magistrates continue in office until removed by the judges of the Hendricks superior courts.

As added by P.L.83-2013, SEC.2.
Ind. Code § 33-40-1-1 — Indiana Code / Title 33 / Article 40 / Chapter 1 / Section 33-40-1-1
Appointment; qualifications
Status: in_force

Sec. 1. (a) The office of state public defender is established.

(b) The state public defender shall be appointed by the supreme court, to serve at the pleasure of the court, for a term of four (4) years.

(c) The state public defender must be:

(1) a resident of Indiana; and

(2) a practicing attorney in Indiana for at least three (3) years.

(d) The supreme court may give any tests it considers proper to determine the fitness of an applicant for appointment.

[Pre-2004 Recodification Citation: 33-1-7-1.]

As added by P.L.98-2004, SEC.19.
Ind. Code § 33-33-10-2.8 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-2.8
Expired
Status: repealed

As added by P.L.138-2020, SEC.5. Expired 1-1-2026 by P.L.138-2020, SEC.5.
Ind. Code § 33-39-8.1-8 — Indiana Code / Title 33 / Article 39 / Chapter 8.1 / Section 33-39-8.1-8
Duties; investigations
Status: in_force

Sec. 8. (a) Upon receipt of information that a prosecuting attorney has made a public declaration to categorically refuse to prosecute a criminal law enacted by the general assembly, the board shall conduct an investigation limited to a prosecuting attorney's pattern of conduct related to the categorical refusal to prosecute a criminal law.

(b) Upon receipt of information that a prosecuting attorney has engaged in a pattern of conduct that reflects a refusal to prosecute a criminal law enacted by the general assembly, the board may conduct an investigation to determine if the prosecuting attorney is a noncompliant prosecuting attorney.

(c) The board shall serve notice of the investigation on the alleged noncompliant prosecuting attorney.

(d) The alleged noncompliant prosecuting attorney may respond to the allegations not later than fifteen (15) days after receipt of the notice described in subsection (c).

As added by P.L.147-2025, SEC.2.
Ind. Code § 33-37-5-4 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-4
Document fee; transcript of judgment to become real estate lien
Status: in_force

Sec. 4. The clerk shall collect a document fee of three dollars ($3) for preparing or recording a transcript of a judgment to become a lien on real estate.

[Pre-2004 Recodification Citation: 33-19-6-3.]

As added by P.L.98-2004, SEC.16.
Ind. Code § 33-38-11-2 — Indiana Code / Title 33 / Article 38 / Chapter 11 / Section 33-38-11-2
Powers; administration of oaths; certifying affidavits and depositions; subpoenas; preliminary hearings; warrants
Status: in_force

Sec. 2. A temporary judge:

(1) may:

(A) administer all oaths and affirmations required by law;

(B) take and certify affidavits and depositions; and

(C) issue subpoenas for witnesses whose testimony is to be taken before the temporary judge;

(2) has the same power to compel the attendance of witnesses and to punish contempts as the judge of the court;

(3) may:

(A) conduct preliminary hearings in criminal matters;

(B) issue search warrants and arrest warrants; and

(C) fix bond; and

(4) may enforce court rules.

[Pre-2004 Recodification Citation: 33-13-16-2.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-34-3-15.1 — Indiana Code / Title 33 / Article 34 / Chapter 3 / Section 33-34-3-15.1
Appeals
Status: in_force

Sec. 15.1. (a) This section applies only to a judgment of the small claims court entered after June 30, 2018.

(b) All appeals from judgments of the small claims court shall be taken to the court of appeals in the same manner as a judgment from a circuit or superior court.

As added by P.L.170-2015, SEC.11.
Ind. Code § 33-32-4-4 — Indiana Code / Title 33 / Article 32 / Chapter 4 / Section 33-32-4-4
Clerk's liability
Status: in_force

Sec. 4. Except as provided in sections 5 and 8 of this chapter, the clerk is liable, with the clerk's sureties, on the clerk's official bond for all funds received to any person who is entitled to demand and receive those funds from the clerk.

[Pre-2004 Recodification Citation: 33-17-1-4.]

As added by P.L.98-2004, SEC.11.
Ind. Code § 33-24-3-7 — Indiana Code / Title 33 / Article 24 / Chapter 3 / Section 33-24-3-7
Senior judge; appointment; rules
Status: in_force

Sec. 7. (a) The supreme court may appoint a judge who is certified as a senior judge by the judicial nominating commission to serve a circuit court, a superior court, a probate court, the tax court, or the court of appeals if the court requests the services of a senior judge.

(b) The supreme court may adopt rules concerning:

(1) certification by the judicial nominating commission; and

(2) appointment by the supreme court;

of senior judges.

[Pre-2004 Recodification Citation: 33-2-1-8.]

As added by P.L.98-2004, SEC.3. Amended by P.L.32-2005, SEC.4; P.L.201-2011, SEC.21.
Ind. Code § 33-24-5.1-5 — Indiana Code / Title 33 / Article 24 / Chapter 5.1 / Section 33-24-5.1-5
Qualified immunity
Status: in_force

Sec. 5. A supreme court marshal is entitled to qualified immunity for acts performed in the course of official duties required under this chapter.

As added by P.L.139-2026, SEC.3.
Ind. Code § 33-38-14-22 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-22
Amendments to notice or answer
Status: in_force

Sec. 22. The masters, before the conclusion of the hearing, or the commission, before its determination, may allow or require amendments to the notice of formal proceedings and may allow amendments to the answer. The notice may be amended to conform to proof or to set forth additional facts. If an amendment is made, the judge shall be given reasonable time to answer the amendment and to prepare and present a defense.

[Pre-2004 Recodification Citation: 33-2.1-6-16.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-39-1-5 — Indiana Code / Title 33 / Article 39 / Chapter 1 / Section 33-39-1-5
Felony, misdemeanor, or infraction prosecutions; other duties required by law
Status: in_force

Sec. 5. Except as provided in IC 12-15-23-6(d), the prosecuting attorneys, within their respective jurisdictions, shall:

(1) conduct all prosecutions for felonies, misdemeanors, or infractions and all suits on forfeited recognizances;

(2) superintend, on behalf of counties or any of the trust funds, all suits in which the counties or trust funds may be interested or involved; and

(3) perform all other duties required by law.

[Pre-2004 Recodification Citation: 33-14-1-4.]

As added by P.L.98-2004, SEC.18. Amended by P.L.9-2022, SEC.74.
Ind. Code § 33-33-45-43 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-43
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-29.5-42.5.]

As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005, SEC.34. Repealed by P.L.201-2011, SEC.114.
Ind. Code § 33-33-50-3 — Indiana Code / Title 33 / Article 33 / Chapter 50 / Section 33-33-50-3
Judges; location of court sessions
Status: in_force

Sec. 3. The Marshall superior court No. 1 has one (1) judge who shall hold sessions in the Marshall County courthouse in Plymouth. The Marshall superior court No. 2 has one (1) judge who shall hold sessions in a place in the county as the board of county commissioners may provide. The Marshall superior court No. 3 has one (1) judge who shall hold sessions in a place in the county as the board of county commissioners may provide.

[Pre-2004 Recodification Citation: 33-5-35.5-11.]

As added by P.L.98-2004, SEC.12. Amended by P.L.138-2020, SEC.23.
Ind. Code § 33-44-4-13 — Indiana Code / Title 33 / Article 44 / Chapter 4 / Section 33-44-4-13
Administration of fund
Status: in_force

Sec. 13. The board shall administer the fund in accordance with IC 33-44-7.

[Pre-2004 Recodification Citation: 33-20-4-13.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-39-8.1-10 — Indiana Code / Title 33 / Article 39 / Chapter 8.1 / Section 33-39-8.1-10
Investigative powers and immunity
Status: in_force

Sec. 10. Members of the board have the same investigative powers and immunity as provided in the member's normal course of business as a prosecuting attorney. Each member is immune from all civil liability for acts performed in the course of the member's official duties relating to an investigation and report under this chapter.

As added by P.L.147-2025, SEC.2.
Ind. Code § 33-33-2-45 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-45
Vacancy in judgeship; appointee to serve unexpired term
Status: repealed

Sec. 45. A judge appointed under section 43 of this chapter serves during the unexpired part of the judge's predecessor's term in office.

[Pre-2004 Recodification Citation: 33-5-5.1-43.1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-23-1 — Indiana Code / Title 33 / Article 33 / Chapter 23 / Section 33-33-23-1
Judicial circuit
Status: in_force

Sec. 1. Fountain County constitutes the sixty-first judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-23.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.47.
Ind. Code § 33-33-37-4 — Indiana Code / Title 33 / Article 33 / Chapter 37 / Section 33-33-37-4
Location of court sessions
Status: in_force

Sec. 4. The judge of the Jasper superior court No. 1 shall hold sessions in the Jasper County courthouse in Rensselaer or in other places in the county as the board of county commissioners of Jasper County may provide.

[Pre-2004 Recodification Citation: 33-5-25.5-11.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-23-19-2 — Indiana Code / Title 33 / Article 23 / Chapter 19 / Section 33-23-19-2
"Personal information"
Status: in_force

Sec. 2. As used in this chapter, "personal information" includes the following:

(1) A home address.

(2) A home telephone number.

(3) A mobile telephone number.

(4) A personal electronic mail address.

(5) A Social Security number.

(6) A driver's license number.

(7) A federal tax identification number.

(8) A credit or debit card number.

(9) A bank account number.

(10) A license plate number or a unique identifier of a vehicle.

(11) A birth or marital record.

(12) Date of birth.

(13) A home address displayed on any of the following:

(A) Voter registration or property tax information.

(B) Election and campaign finance reports.

The term does not include information that has been publicly disclosed with the consent of the judicial officer or judge.

As added by P.L.139-2026, SEC.1.
Ind. Code § 33-33-40-2 — Indiana Code / Title 33 / Article 33 / Chapter 40 / Section 33-33-40-2
Establishment of standard superior court
Status: in_force

Sec. 2. (a) There is established a court of record to be known as the Jennings superior court.

(b) The Jennings superior court is a standard superior court as described in IC 33-29-1.

(c) Jennings County comprises the judicial district of the court.

[Pre-2004 Recodification Citation: 33-5-25.9-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-8-2 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-2
"Americans with Disabilities Act"
Status: in_force

Sec. 2. As used in this chapter, "Americans with Disabilities Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations related to the act.

[Pre-2004 Recodification Citation: 33-13-10.1-2.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-35-5-3 — Indiana Code / Title 33 / Article 35 / Chapter 5 / Section 33-35-5-3
City court; warrants or other processes
Status: in_force

Sec. 3. All warrants or other processes issued by the city court must be:

(1) directed to the chief of police of the city or any person specially deputized by the city court; and

(2) executed, served, and returned by the chief, by any police officer of the city, or by the specially deputized person.

The members of the police force of the city shall cause all persons arrested by the police force for a violation of any law to be taken before the city court for trial or examination.

[Pre-2004 Recodification Citation: 33-10.1-5-3.]

As added by P.L.98-2004, SEC.14.
Ind. Code § 33-33-49-5.5 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-5.5
"Full court"
Status: in_force

Sec. 5.5. As used in this chapter, "full court" means the total of all Marion Superior Court judges who are appointed and serving as judges.

As added by P.L.76-2026, SEC.3.
Ind. Code § 33-33-79.3-4 — Indiana Code / Title 33 / Article 33 / Chapter 79.3 / Section 33-33-79.3-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-42.1-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-28-3-10 — Indiana Code / Title 33 / Article 28 / Chapter 3 / Section 33-28-3-10
Compliance with requests by the chief administrative officer of the office of judicial administration
Status: in_force

Sec. 10. The court shall comply with all requests made under IC 33-24-6-3 by the chief administrative officer of the office of judicial administration concerning the small claims and misdemeanor division.

[Pre-2004 Recodification Citation: 33-4-3-13.]

As added by P.L.98-2004, SEC.7. Amended by P.L.161-2018, SEC.73.
Ind. Code § 33-33-79.3-7 — Indiana Code / Title 33 / Article 33 / Chapter 79.3 / Section 33-33-79.3-7
Dockets; books and papers
Status: in_force

Sec. 7. The clerk of the court, under the direction of the judge of the court, shall provide order books, judgment dockets, execution dockets, fee books, and other books for the court, which shall be kept separately from the books and papers of other courts.

[Pre-2004 Recodification Citation: 33-5-42.1-6.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-79.4-8 — Indiana Code / Title 33 / Article 33 / Chapter 79.4 / Section 33-33-79.4-8
Dockets, books, and papers
Status: in_force

Sec. 8. The clerk of the circuit court, under the direction of the judge of a court, shall provide order books, judgment dockets, execution dockets, fee books, and other books for the court, which shall be kept separately from the books and papers of other courts.

[Pre-2004 Recodification Citation: 33-5-42.2-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-22-1-7 — Indiana Code / Title 33 / Article 22 / Chapter 1 / Section 33-22-1-7
References to citations
Status: in_force

Sec. 7. A citation reference in the recodification act of the 2004 regular session of the general assembly to another provision of the recodification act of the 2004 regular session of the general assembly shall be treated as including a reference to the provision of prior law that is substantively equivalent to the provision of the recodification act of the 2004 regular session of the general assembly that is referred to by the citation reference.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.
Ind. Code § 33-33-27.2-9 — Indiana Code / Title 33 / Article 33 / Chapter 27.2 / Section 33-33-27.2-9
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-19-8.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-33-41-3 — Indiana Code / Title 33 / Article 33 / Chapter 41 / Section 33-33-41-3
Establishment of standard superior courts
Status: in_force

Sec. 3. (a) There are established four (4) courts of record to be known as the Johnson superior court No. 1, Johnson superior court No. 2, Johnson superior court No. 3, and Johnson superior court No. 4.

(b) Except as otherwise provided in this chapter, each Johnson superior court is a standard superior court as described in IC 33-29-1.

(c) Johnson County comprises the judicial district of each court.

[Pre-2004 Recodification Citations: 33-5-24-1; 33-5-24-2.]

As added by P.L.98-2004, SEC.12. Amended by P.L.74-2012, SEC.1.
Ind. Code § 33-34-1-6 — Indiana Code / Title 33 / Article 34 / Chapter 1 / Section 33-34-1-6
Full-time divisions
Status: in_force

Sec. 6. (a) A small claims court that was a full-time small claims court on January 1, 2015, remains a full-time court.

(b) Every small claims court must be a full-time court.

[Pre-2004 Recodification Citation: 33-11.6-2-2.]

As added by P.L.98-2004, SEC.13. Amended by P.L.65-2004, SEC.13; P.L.170-2015, SEC.2; P.L.86-2018, SEC.229.
Ind. Code § 33-43-4-1 — Indiana Code / Title 33 / Article 43 / Chapter 4 / Section 33-43-4-1
Authority
Status: in_force

Sec. 1. An attorney practicing law in a court of record in Indiana may hold a lien for the attorney's fees on a judgment rendered in favor of a person employing the attorney to obtain the judgment.

[Pre-2004 Recodification Citation: 33-1-3-1.]

As added by P.L.98-2004, SEC.22.
Ind. Code § 33-33-34-12 — Indiana Code / Title 33 / Article 33 / Chapter 34 / Section 33-33-34-12
Additional personnel
Status: in_force

Sec. 12. Each judge may appoint additional officers and personnel as is necessary for the proper administration of the judge's duties as judge of the court.

[Pre-2004 Recodification Citation: 33-5-20.1-18.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-31-2-3 — Indiana Code / Title 33 / Article 31 / Chapter 2 / Section 33-31-2-3
Small claims docket; jurisdiction
Status: in_force

Sec. 3. The small claims docket has jurisdiction over the following:

(1) Civil actions in which the amount sought or value of the property sought to be recovered is not more than ten thousand dollars ($10,000). The plaintiff in a statement of claim or the defendant in a counterclaim may waive the excess of any claim that exceeds ten thousand dollars ($10,000) in order to bring it within the jurisdiction of the small claims docket.

(2) Possessory actions between landlord and tenant in which the rent due at the time the action is filed does not exceed ten thousand dollars ($10,000).

(3) Emergency possessory actions between a landlord and tenant under IC 32-31-6.

As added by P.L.201-2011, SEC.30. Amended by P.L.162-2020, SEC.9; P.L.125-2021, SEC.3.
Ind. Code § 33-33-10-6 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-10-6.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-44-5-2 — Indiana Code / Title 33 / Article 44 / Chapter 5 / Section 33-44-5-2
Attorneys not subject to article
Status: in_force

Sec. 2. An attorney is not subject to this article if the attorney:

(1) does not place any qualified funds in an interest bearing attorney trust account; and

(2) submits a written statement to the board.

[Pre-2004 Recodification Citation: 33-20-5-2.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-25-4-1 — Indiana Code / Title 33 / Article 25 / Chapter 4 / Section 33-25-4-1
Clerk
Status: in_force

Sec. 1. The clerk of the supreme court shall be clerk of the court of appeals.

[Pre-2004 Recodification Citation: 33-3-1-3.]

As added by P.L.98-2004, SEC.4. Amended by P.L.139-2026, SEC.4.
Ind. Code § 33-33-61-1 — Indiana Code / Title 33 / Article 33 / Chapter 61 / Section 33-33-61-1
Judicial circuit
Status: in_force

Sec. 1. Parke County constitutes the sixty-eighth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-61.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.83.
Ind. Code § 33-33-49-13.5 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-13.5
Rights of municipal court judge serving as part-time judge on December 31, 1997; conditions; part-time judge standing for election; effect of ethics determinations
Status: in_force

Sec. 13.5. (a) The municipal court judge:

(1) whose term expires December 31, 1997; and

(2) who is serving as a part-time judge on December 31, 1997;

is entitled to continue serving as a part-time judge of the Marion superior court established under IC 33-5.1-2 (before its repeal, now codified at IC 33-33-49-6). The municipal court judge whose term expires December 31, 1997, and who is serving as a part-time judge on that date is entitled to continue serving as a part-time judge of the Marion superior court established under IC 33-5.1-2 (before its repeal, now codified at IC 33-33-49-6) until midnight December 31, 2000.

(b) The following apply to the part-time judge described in subsection (a):

(1) The judge may not practice criminal law in the Marion superior court but may practice civil law in the Marion superior court.

(2) The judge may convert to full-time status at any time.

(3) The annual salary of the part-time judge shall be equal to the sum of forty percent (40%) of the salary of a full-time superior court judge. The salary of the part-time judge shall be paid on a percentage basis from the same sources providing the salary of a full-time superior court judge.

(c) If the judge serving as part-time judge of the Marion superior court stands for election in the general election held November 7, 2000, and any subsequent election, and is elected as judge of the Marion superior court, the judge may continue to serve as a part-time judge, subject to the provisions of subsection (b).

(d) If it is determined in a judicial ethics action that the judge serving as part-time judge of the Marion superior court may not engage in the practice of civil law before the Marion superior court, the cases in which the judge has entered an appearance or filed any pleadings shall be transferred to the Marion circuit court for further proceedings. The judge may continue to participate in the cases transferred to the circuit court. Cases transferred to the circuit court under this subsection have the same effect as if originally filed in or issued by the Marion circuit court.

As added by P.L.220-2011, SEC.535. Amended by P.L.6-2012, SEC.213.
Ind. Code § 33-23-16-18 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-18
Authority of the office of judicial administration to revoke the certification of a problem solving court; implementation authority
Status: in_force

Sec. 18. The office of judicial administration may:

(1) revoke the certification of a problem solving court if the office of judicial administration determines that the problem solving court does not comply with rules adopted under this chapter and applicable federal regulations; and

(2) enter into agreements or contracts with:

(A) another department, authority, or agency of the state;

(B) another state;

(C) the federal government;

(D) a state educational institution or private postsecondary educational institution; or

(E) a public or private agency;

to implement this chapter.

As added by P.L.108-2010, SEC.4. Amended by P.L.161-2018, SEC.53.
Ind. Code § 33-33-84-19 — Indiana Code / Title 33 / Article 33 / Chapter 84 / Section 33-33-84-19
En banc; disagreements
Status: in_force

Sec. 19. The judges of the superior court may sit en banc and act in concert. The judge of the circuit court may also sit en banc with the judges of the superior court. If there is a disagreement while sitting en banc, the decision of the majority of the judges controls. However, in the absence of a majority, the decision of the presiding judge controls.

[Pre-2004 Recodification Citation: 33-5-44.1-25.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-24-2-5 — Indiana Code / Title 33 / Article 24 / Chapter 2 / Section 33-24-2-5
Form of ballot for retention question
Status: in_force

Sec. 5. The question of approval or rejection of a justice shall be placed on the general election ballot in the form prescribed by IC 3-11 and must state "Shall Justice (insert name (as permitted under IC 3-5-7) here) be retained in office?".

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.3. Amended by P.L.58-2005, SEC.29.
Ind. Code § 33-23-11-7 — Indiana Code / Title 33 / Article 23 / Chapter 11 / Section 33-23-11-7
"Judge"
Status: in_force

Sec. 7. (a) As used in this chapter, "judge" means a judge of the court of appeals, the tax court, or a circuit, superior, county, small claims, or probate court, city court, or town court.

(b) The term includes a judge pro tempore, commissioner, or hearing officer if the judge pro tempore, commissioner, or hearing officer sits more than twenty (20) days other than Saturdays, Sundays, or holidays in one (1) calendar year as a judge, commissioner, or hearing officer in any court.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2. Amended by P.L.227-2023, SEC.138.
Ind. Code § 33-33-53-8 — Indiana Code / Title 33 / Article 33 / Chapter 53 / Section 33-33-53-8
Court administrator
Status: in_force

Sec. 8. (a) The court may appoint a court administrator subject to the budget approved for the court by the fiscal body of Monroe County.

(b) A court administrator appointed under this section is subject to the rules concerning employment and management of court personnel adopted by the court under section 6 of this chapter.

[Pre-2004 Recodification Citation: 33-4-10-8.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-29-1-10 — Indiana Code / Title 33 / Article 29 / Chapter 1 / Section 33-29-1-10
Transfer of judges
Status: in_force

Sec. 10. (a) The judge of the circuit court of the county in which the standard superior court is located may, with the consent of the judge of the standard superior court, sit as a judge of the standard superior court in any matter as if the circuit court judge were an elected judge of the standard superior court.

(b) The judge of a standard superior court may, with the consent of the judge of the circuit court, sit as the judge of the circuit court of the county in which the standard superior court is located in any matter as if the judge of the standard superior court were the elected judge of the circuit court.

[Pre-2004 Recodification Citation: Various 33-33 provisions.]

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-34-2-10 — Indiana Code / Title 33 / Article 34 / Chapter 2 / Section 33-34-2-10
Discipline
Status: in_force

Sec. 10. (a) A judge is subject to disciplinary action for the grounds and in the manner set forth in IC 33-38-14.

(b) The commission on judicial qualifications for judges of the superior and probate courts is the commission on judicial qualifications for the judges of the small claims courts.

[Pre-2004 Recodification Citation: 33-11.6-3-11.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-44-4-16 — Indiana Code / Title 33 / Article 44 / Chapter 4 / Section 33-44-4-16
Development of programs
Status: in_force

Sec. 16. The board shall develop programs to:

(1) educate attorneys and depository financial institutions concerning this article; and

(2) encourage attorneys to create and maintain interest bearing attorney trust accounts.

[Pre-2004 Recodification Citation: 33-20-4-16.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-68-3 — Indiana Code / Title 33 / Article 33 / Chapter 68 / Section 33-33-68-3
Judge; location of court sessions
Status: in_force

Sec. 3. The Randolph superior court has one (1) judge who shall hold sessions in:

(1) the Randolph County courthouse in Winchester; or

(2) other places in the county that the Randolph County executive provides.

[Pre-2004 Recodification Citation: 33-5-38.5-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-27.3-5 — Indiana Code / Title 33 / Article 33 / Chapter 27.3 / Section 33-33-27.3-5
Judicial powers
Status: in_force

Sec. 5. The judge of the court:

(1) has the same powers relating to the conduct of the business of the court as the judges of the Grant circuit court, Grant superior court, and Grant superior court No. 2; and

(2) may administer oaths, solemnize marriages, and take and certify acknowledgments of deeds.

[Pre-2004 Recodification Citation: 33-5-19.3-4.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-84-4 — Indiana Code / Title 33 / Article 33 / Chapter 84 / Section 33-33-84-4
Seal
Status: in_force

Sec. 4. The superior court shall have a seal consisting of a circular disk containing the words "Vigo Superior Court of Indiana", and a design as the court may determine, an impression of which shall be spread of record upon the order book of the court.

[Pre-2004 Recodification Citation: 33-5-44.1-3.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-71-45 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-45
Judicial qualifications commission; membership; employment of special counsel
Status: in_force

Sec. 45. There is established a commission on judicial qualifications for the St. Joseph superior court, whose membership is the same as that of the judicial nominating commission under section 29 of this chapter. The commission on judicial qualifications may employ special counsel in any proceedings it undertakes under the responsibilities imposed upon it by this chapter.

[Pre-2004 Recodification Citation: 33-5-40-49.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-66-3 — Indiana Code / Title 33 / Article 33 / Chapter 66 / Section 33-33-66-3
Judge; location of court sessions
Status: in_force

Sec. 3. The court has one (1) judge who shall hold sessions in:

(1) the Pulaski County courthouse in Winamac; or

(2) other places in the county that the Pulaski County executive provides.

[Pre-2004 Recodification Citation: 33-5-38.2-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-35-4-1 — Indiana Code / Title 33 / Article 35 / Chapter 4 / Section 33-35-4-1
City and town court; sessions
Status: in_force

Sec. 1. (a) A city court judge shall hold regular sessions of the city court at a place to be provided and designated by the legislative body of the city.

(b) A town court judge shall hold sessions of the town court as the business of the court demands at a place to be provided and designated by the legislative body of the town.

[Pre-2004 Recodification Citation: 33-10.1-4-1.]

As added by P.L.98-2004, SEC.14.
Ind. Code § 33-33-47-2 — Indiana Code / Title 33 / Article 33 / Chapter 47 / Section 33-33-47-2
Establishment of standard superior court
Status: in_force

Sec. 2. (a) There is established a court of record in Lawrence County to be known as the Lawrence superior court.

(b) The Lawrence superior court has two (2) judges.

(c) Except as otherwise provided in this chapter, the Lawrence superior court is a standard superior court as described in IC 33-29-1.

[Pre-2004 Recodification Citations: 33-5-32.5-1; 33-5-32.5-2.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-5-3 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-3
Document fee; certificate under seal
Status: in_force

Sec. 3. Notwithstanding IC 5-14-3, the clerk shall collect a document fee of three dollars ($3) for each certificate under seal attached in authentication of a copy of any record, paper, or transcript.

[Pre-2004 Recodification Citation: 33-19-6-2.]

As added by P.L.98-2004, SEC.16. Amended by P.L.38-2021, SEC.77.
Ind. Code § 33-33-5-6 — Indiana Code / Title 33 / Article 33 / Chapter 5 / Section 33-33-5-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-8.5-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-11-3 — Indiana Code / Title 33 / Article 33 / Chapter 11 / Section 33-33-11-3
Judge; location of court sessions
Status: in_force

Sec. 3. The Clay superior court has one (1) judge who shall hold sessions in the Clay County courthouse in Brazil or in other places in the county as the board of county commissioners of Clay County may provide.

[Pre-2004 Recodification Citation: 33-5-10.5-11.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-4-4 — Indiana Code / Title 33 / Article 37 / Chapter 4 / Section 33-37-4-4
Civil costs fee; additional fees
Status: in_force

Sec. 4. (a) The clerk shall collect a civil costs fee of one hundred dollars ($100) from a party filing a civil action. This subsection does not apply to the following civil actions:

(1) Proceedings to enforce a statute defining an infraction under IC 34-28-5 (or IC 34-4-32 before its repeal).

(2) Proceedings to enforce an ordinance under IC 34-28-5 (or IC 34-4-32 before its repeal).

(3) Proceedings in juvenile court under IC 31-34 or IC 31-37.

(4) Proceedings in paternity under IC 31-14.

(5) Proceedings in small claims court under IC 33-34.

(6) Proceedings in actions described in section 7 of this chapter.

(b) In addition to the civil costs fee collected under this section, the clerk shall collect the following fees, if they are required under IC 33-37-5:

(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).

(2) A support and maintenance fee (IC 33-37-5-6).

(3) A document storage fee (IC 33-37-5-20).

(4) An automated record keeping fee (IC 33-37-5-21).

(5) A public defense administration fee (IC 33-37-5-21.2).

(6) A judicial insurance adjustment fee (IC 33-37-5-25).

(7) A judicial salaries fee (IC 33-37-5-26).

(8) A court administration fee (IC 33-37-5-27).

(9) A service fee (IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2)).

(10) A garnishee service fee (IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4)).

(11) For a mortgage foreclosure action, a mortgage foreclosure counseling and education fee (IC 33-37-5-33) (before its expiration on July 1, 2017).

(12) A pro bono legal services fee (IC 33-37-5-31).

(13) A jury fee (IC 33-37-5-19.5).

[Pre-2004 Recodification Citation: 33-19-5-4.]

As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004, SEC.19; P.L.95-2004, SEC.7; P.L.2-2005, SEC.103; P.L.176-2005, SEC.7; P.L.174-2006, SEC.15; P.L.105-2009, SEC.22; P.L.136-2012, SEC.14; P.L.231-2013, SEC.12; P.L.247-2015, SEC.36; P.L.39-2017, SEC.3; P.L.174-2022, SEC.61; P.L.237-2023, SEC.1; P.L.106-2025, SEC.3.
Ind. Code § 33-33-64-22 — Indiana Code / Title 33 / Article 33 / Chapter 64 / Section 33-33-64-22
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-38-32.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-39-2-6 — Indiana Code / Title 33 / Article 39 / Chapter 2 / Section 33-39-2-6
Repealed
Status: repealed

As added by P.L.222-2005, SEC.39. Amended by P.L.137-2007, SEC.33. Repealed by P.L.57-2014, SEC.6.
Ind. Code § 33-42-5-4 — Indiana Code / Title 33 / Article 42 / Chapter 5 / Section 33-42-5-4
Prohibition on collecting fee
Status: in_force

Sec. 4. A trustee may not receive a fee for performing a notarial act.

[Pre-2004 Recodification Citation: 33-16-8-4.]

As added by P.L.98-2004, SEC.21.
Ind. Code § 33-42-13-2 — Indiana Code / Title 33 / Article 42 / Chapter 13 / Section 33-42-13-2
Notary public data base
Status: in_force

Sec. 2. The secretary of state shall maintain an electronic data base of active notaries public.

As added by P.L.128-2017, SEC.21.
Ind. Code § 33-38-6-5 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-5
"Fund"
Status: in_force

Sec. 5. As used in this chapter, "fund" refers to the Indiana judges' retirement fund established by section 12 of this chapter.

[Pre-2004 Recodification Citation: 33-13-8-2.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-42-0.5-8 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-8
"Credible witness"
Status: in_force

Sec. 8. "Credible witness" means an individual who:

(1) appears before a notarial officer;

(2) swears or affirms that the signer of a document is the individual whom the signer claims to be; and

(3) is known personally to the signer of the document and the notarial officer.

As added by P.L.59-2018, SEC.15.
Ind. Code § 33-40-2-6 — Indiana Code / Title 33 / Article 40 / Chapter 2 / Section 33-40-2-6
Public defender investigators
Status: in_force

Sec. 6. (a) A public defender may use a public defender investigator who is qualified under subsection (b) to assist the public defender in preparing for the criminal defense of indigent persons.

(b) To practice as a public defender investigator, an individual must:

(1) be at least twenty-one (21) years of age; and

(2) not have a conviction for a crime that has a direct bearing on the individual's ability to competently perform the duties of a public defender investigator.

(c) A public defender investigator may not perform any duties for the public defender that constitute the unauthorized practice of law.

[Pre-2004 Recodification Citation: 33-9-11-6.]

As added by P.L.98-2004, SEC.19.
Ind. Code § 33-24-13-3 — Indiana Code / Title 33 / Article 24 / Chapter 13 / Section 33-24-13-3
Organization and administration of program; advisory committee
Status: in_force

Sec. 3. (a) The program shall be organized and administered by the chief justice of the supreme court. The chief justice shall appoint an advisory committee composed of eight (8) members as follows:

(1) Two (2) practicing attorneys.

(2) Two (2) judges.

(3) Two (2) Indiana law school professors or administrators.

(4) Two (2) members representing community groups.

(b) The chief justice shall serve as chair of the advisory committee.

(c) Appointed members of the committee serve for three (3) year terms and may be reappointed.

(d) The committee shall solicit applications and select persons for the program who:

(1) have earned a bachelor's degree;

(2) have applied to an Indiana law school;

(3) have demonstrated the interest, motivation, and capacity to earn a law degree; and

(4) would benefit from the special training offered by the program.

(e) The committee shall award annual stipends to certified graduates of the program.

[Pre-2004 Recodification Citation: 33-2.1-12-3.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-33-29-6 — Indiana Code / Title 33 / Article 33 / Chapter 29 / Section 33-33-29-6
Appointment; magistrates
Status: in_force

Sec. 6. (a) The judge of the Hamilton circuit court and the judges of the Hamilton superior courts may jointly appoint six (6) full-time magistrates under IC 33-23-5 to serve the circuit and superior courts.

(b) A magistrate continues in office until jointly removed by the judge of the Hamilton circuit court and the judges of the Hamilton superior courts.

[Pre-2004 Recodification Citation: 33-5-22-9.]

As added by P.L.98-2004, SEC.12. Amended by P.L.234-2007, SEC.212; P.L.83-2013, SEC.1; P.L.12-2014, SEC.1; P.L.138-2020, SEC.20; P.L.224-2025, SEC.9.
Ind. Code § 33-23-2-5 — Indiana Code / Title 33 / Article 23 / Chapter 2 / Section 33-23-2-5
Term of court describing or fixing period of time
Status: in_force

Sec. 5. If in any statute, rule, or order, a period is described or fixed by a term of court, a period of sixty (60) days for the purposes of time limitation only shall be substituted for the term of court.

[Pre-2004 Recodification Citation: 33-1-6-4.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-76-3 — Indiana Code / Title 33 / Article 33 / Chapter 76 / Section 33-33-76-3
Judge; location of court sessions
Status: in_force

Sec. 3. The Steuben superior court has one (1) judge who shall hold sessions in:

(1) the Steuben County courthouse in Angola; or

(2) other places in the county that the Steuben County executive may provide.

[Pre-2004 Recodification Citation: 33-5-40.1-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-8-6 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-6
"Internal Revenue Code"
Status: in_force

Sec. 6. (a) As used in this chapter, "Internal Revenue Code":

(1) means the Internal Revenue Code of 1954, as in effect on September 1, 1974, if permitted with respect to governmental plans; or

(2) to the extent consistent with subdivision (1), has the meaning set forth in IC 6-3-1-11.

[Pre-2004 Recodification Citation: 33-13-8-3.5.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-24-6-11 — Indiana Code / Title 33 / Article 24 / Chapter 6 / Section 33-24-6-11
Expenses for judges transferred to other counties
Status: reserved

Sec. 11. Any judge transferred to a court in another county shall be paid travel and other necessary expenses by the county to which the judge is transferred. An allowance for expenses shall be certified by the chief justice in duplicate to the auditor of the county. The certificate of allowance is prima facie evidence of the correctness of the claims. An item of expenses certified to be correct must be allowed by the board of commissioners of that county.

[Pre-2004 Recodification Citation: 33-2.1-7-9.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-38-9-10 — Indiana Code / Title 33 / Article 38 / Chapter 9 / Section 33-38-9-10
Repealed
Status: repealed

As added by P.L.108-2010, SEC.7. Repealed by P.L.53-2014, SEC.147.
Ind. Code § 33-33-33-6 — Indiana Code / Title 33 / Article 33 / Chapter 33 / Section 33-33-33-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-21-5.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-2-18 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-18
Record books and dockets
Status: in_force

Sec. 18. The clerk, under the direction of the Allen superior court, shall provide:

(1) order books;

(2) judgment dockets;

(3) execution dockets;

(4) fee books; and

(5) other books, papers, and records;

as are necessary for the court. All books, papers, and proceedings of the court shall be kept distinct and separate from those of other courts.

[Pre-2004 Recodification Citation: 33-5-5.1-14.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-2-28 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-28
Appeals
Status: in_force

Sec. 28. Any party may appeal from any order or judgment of the superior court in any case where an appeal may be had from a similar order or judgment of the circuit court.

[Pre-2004 Recodification Citation: 33-5-5.1-19.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-48-3 — Indiana Code / Title 33 / Article 33 / Chapter 48 / Section 33-33-48-3
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-33.1-1.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.161-2011, SEC.19; P.L.201-2011, SEC.113.
Ind. Code § 33-28-5-19 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-19
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-4-11-19.]

As added by P.L.98-2004, SEC.7. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-39-8-4 — Indiana Code / Title 33 / Article 39 / Chapter 8 / Section 33-39-8-4
Executive director; staff and clerical assistants
Status: in_force

Sec. 4. The council may employ an executive director, staff, and clerical assistants necessary to fulfill the purposes of the council.

[Pre-2004 Recodification Citation: 33-14-8-3.]

As added by P.L.98-2004, SEC.18.
Ind. Code § 33-32-3-3 — Indiana Code / Title 33 / Article 32 / Chapter 3 / Section 33-32-3-3
Circuit court judgment docket; public record
Status: in_force

Sec. 3. The circuit court judgment docket is a public record that is open during the usual hours of transacting business for examination by any person.

[Pre-2004 Recodification Citation: 33-17-2-4.]

As added by P.L.98-2004, SEC.11.
Ind. Code § 33-29-2-10 — Indiana Code / Title 33 / Article 29 / Chapter 2 / Section 33-29-2-10
Requests by chief administrative officer of the office of judicial administration
Status: in_force

Sec. 10. The court shall comply with all requests made under IC 33-24-6-3 by the chief administrative officer of the office of judicial administration concerning the small claims and misdemeanor division.

[Pre-2004 Recodification Citation: 33-5-2-10.]

As added by P.L.98-2004, SEC.8. Amended by P.L.161-2018, SEC.75.
Ind. Code § 33-44-4-2 — Indiana Code / Title 33 / Article 44 / Chapter 4 / Section 33-44-4-2
Members
Status: in_force

Sec. 2. The board consists of eleven (11) members.

[Pre-2004 Recodification Citation: 33-20-4-2.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-38-13-24 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-24
Extension of time
Status: in_force

Sec. 24. (a) The chairman of the commission may extend the time for:

(1) filing an answer;

(2) conducting a hearing before the commission; and

(3) filing objections to the report of the masters.

(b) The presiding master may, with the approval of the chairman of the commission, extend the time for conducting a hearing before the masters.

[Pre-2004 Recodification Citation: 33-2.1-5-17.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-79.4-3 — Indiana Code / Title 33 / Article 33 / Chapter 79.4 / Section 33-33-79.4-3
Judges; election
Status: in_force

Sec. 3. (a) Tippecanoe superior court No. 4, No. 5, No. 6, and No. 7 each has one (1) judge, who shall be elected at the general election every six (6) years in Tippecanoe County. The judge's term begins January 1 following the election and ends December 31 following the election of the judge's successor.

(b) To be eligible to hold office as judge of the court, a person must be:

(1) a resident of Tippecanoe County; and

(2) admitted to the bar of Indiana.

[Pre-2004 Recodification Citation: 33-5-42.2-2.]

As added by P.L.98-2004, SEC.12. Amended by P.L.161-2011, SEC.16; P.L.201-2011, SEC.92; P.L.9-2019, SEC.2.
Ind. Code § 33-33-14-4 — Indiana Code / Title 33 / Article 33 / Chapter 14 / Section 33-33-14-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-10.6-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-79-7 — Indiana Code / Title 33 / Article 33 / Chapter 79 / Section 33-33-79-7
Process of court
Status: in_force

Sec. 7. The process of the superior court must have the seal affixed, and be attested, directed, served, returned, and in the form as is provided for process issuing from the circuit court.

[Pre-2004 Recodification Citation: 33-5-41-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-23-16-2 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-2
"Chemical test"
Status: in_force

Sec. 2. As used in this chapter, "chemical test" means an analysis of an individual's:

(1) blood;

(2) breath;

(3) hair;

(4) sweat;

(5) saliva;

(6) urine; or

(7) other bodily substance;

to determine the presence of alcohol, a drug, or a controlled substance (as defined in IC 35-48-1.1-7).

As added by P.L.108-2010, SEC.4. Amended by P.L.187-2011, SEC.3; P.L.186-2025, SEC.171.
Ind. Code § 33-33-79.3-5 — Indiana Code / Title 33 / Article 33 / Chapter 79.3 / Section 33-33-79.3-5
Power of judge same as circuit court judges
Status: in_force

Sec. 5. The judge of the court has the same powers relating to the conduct of the business of the court as the judge of the Tippecanoe circuit court. The judge of the court also may administer oaths, solemnize marriages, and take and certify acknowledgments of deeds.

[Pre-2004 Recodification Citation: 33-5-42.1-4.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-79-9 — Indiana Code / Title 33 / Article 33 / Chapter 79 / Section 33-33-79-9
Power of court or judge
Status: in_force

Sec. 9. The superior court may:

(1) issue and direct all process to courts of inferior jurisdiction, corporations, and individuals necessary in exercising the court's jurisdiction and for the regular execution of the law;

(2) make all proper judgments, sentences, decrees, orders, and injunctions;

(3) issue all process and executions; and

(4) perform other acts necessary to implement this chapter;

in conformity with the Constitution of the State of Indiana and Indiana law.

[Pre-2004 Recodification Citation: 33-5-41-9.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-49-16 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-16
Judicial officer; probate matters; powers and duties
Status: in_force

Sec. 16. An appointed judicial officer shall be vested by the judges of the family division with suitable powers for the handling of all probate matters of the court, including the following:

(1) Fixing of all bonds.

(2) Auditing accounts of estates, guardianships, and trusts.

(3) Accepting reports, accounts, and settlements filed in the court.

(4) Appointing personal representatives, guardians, and trustees.

(5) Probating wills.

(6) Taking or hearing evidence on or concerning matters described in this subsection or any other probate, guardianship, or trust matters in litigation before the court.

(7) Enforcing court rules.

(8) Making reports to the court concerning the judicial officer's doings in the proceedings described in this subsection, including reports concerning the judicial officer's findings and conclusions regarding the proceedings.

[Pre-2004 Recodification Citation: 33-5.1-2-11.]

As added by P.L.98-2004, SEC.12. Amended by P.L.162-2020, SEC.11; P.L.106-2022, SEC.2.
Ind. Code § 33-40-5-4 — Indiana Code / Title 33 / Article 40 / Chapter 5 / Section 33-40-5-4
Duties
Status: in_force

Sec. 4. (a) The commission shall do the following:

(1) Make recommendations to the supreme court concerning standards for indigent defense services provided for defendants against whom the state has sought the death sentence under IC 35-50-2-9, including the following:

(A) Determining indigency and eligibility for legal representation.

(B) Selection and qualifications of attorneys to represent indigent defendants at public expense.

(C) Determining conflicts of interest.

(D) Investigative, clerical, and other support services necessary to provide adequate legal representation.

(2) Adopt guidelines and standards for indigent defense services under which the counties will be eligible for reimbursement under IC 33-40-6, including the following:

(A) Determining indigency and the eligibility for legal representation.

(B) The issuance and enforcement of orders requiring the defendant to pay for the costs of court appointed legal representation under IC 33-40-3.

(C) The use and expenditure of funds in the county supplemental public defender services fund established under IC 33-40-3-1.

(D) Qualifications of attorneys to represent indigent defendants at public expense.

(E) Compensation rates for salaried, contractual, and assigned counsel.

(F) Minimum and maximum caseloads of public defender offices and contract attorneys.

(G) Requirements concerning the creation and operation of a multicounty public defender's office created under an interlocal agreement as described in IC 33-40-7-3.5.

(3) Make recommendations concerning the delivery of indigent defense services in Indiana, including the funding and delivery of indigent defense services for juveniles.

(4) Make an annual report to the governor, the general assembly, and the supreme court on the operation of the public defense fund.

(5) Make a report not later than December 1, 2029, to the legislative council and the budget committee concerning the up to forty percent (40%) reimbursement from the public defense fund for indigent defense services for misdemeanor cases under IC 33-40-6-4(d), IC 33-40-6-5(c), and IC 33-40-7-11(d).

(6) On or before July 1, 2031, and July 1 biennially thereafter, the commission shall submit a report to the executive director of the legislative services agency, in an electronic format under IC 5-14-6, for review by the interim committee on government in accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:

(A) official action taken; and

(B) actionable items considered;

by the commission during the preceding two (2) years.

(b) The commission must provide data and statistics concerning how the reimbursement has impacted attorney appointment rates, jail population, trial rates, and case outcomes in the report under subsection (a)(5).

(c) The report to the general assembly under subsection (a)(4) and to the legislative council under subsection (a)(5) must be in an electronic format under IC 5-14-6.

(d) The commission shall not:

(1) receive any additional appropriations from the general assembly for misdemeanor reimbursement; or

(2) reimburse a county other than a county described in IC 33-40-6-4(d) for misdemeanor reimbursement;

before July 1, 2029

[Pre-2004 Recodification Citation: 33-9-13-3.]

As added by P.L.98-2004, SEC.19. Amended by P.L.187-2015, SEC.41; P.L.69-2019, SEC.1; P.L.111-2024, SEC.7; P.L.161-2025, SEC.31.
Ind. Code § 33-40-3-6 — Indiana Code / Title 33 / Article 40 / Chapter 3 / Section 33-40-3-6
Payment by defendant for cost of public defender services; deposit of payments collected; maximum costs
Status: in_force

Sec. 6. (a) Subject to subsection (e), if at any stage of a prosecution for a felony or a misdemeanor the court makes a finding of ability to pay the costs of representation under section 7 of this chapter, the court shall require payment by the person of the following costs in addition to other costs assessed against the person:

(1) Reasonable attorney's fees if an attorney has been appointed for the person by the court.

(2) Costs incurred by the county as a result of court appointed legal services rendered to the person.

(b) The clerk of the court shall deposit costs collected under this section into the supplemental public defender services fund established under section 1 of this chapter.

(c) A person ordered to pay any part of the costs of representation under subsection (a) has the same rights and protections as those of other judgment debtors under the Constitution of the State of Indiana and under Indiana law.

(d) The sum of:

(1) the fee collected under IC 35-33-7-6;

(2) any amount assessed by the court under this section; and

(3) any amount ordered to be paid under IC 33-37-2-3;

may not exceed the cost of defense services rendered to the person.

(e) A court may not require payment for costs or fees under this section for a child alleged to be a delinquent child.

[Pre-2004 Recodification Citation: 33-9-11.5-6.]

As added by P.L.98-2004, SEC.19. Amended by P.L.151-2023, SEC.5.
Ind. Code § 33-38-14-6 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-6
"Masters" defined
Status: in_force

Sec. 6. As used in this chapter, "masters" means the special masters appointed by the chief justice upon request of the commission.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-9-1 — Indiana Code / Title 33 / Article 33 / Chapter 9 / Section 33-33-9-1
Judicial circuit
Status: in_force

Sec. 1. Cass County constitutes the twenty-ninth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-9.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-23-1-10 — Indiana Code / Title 33 / Article 23 / Chapter 1 / Section 33-23-1-10
Offense
Status: in_force

Sec. 10. "Offense" means a felony, a misdemeanor, an infraction, or a violation of a penal ordinance.

[Pre-2004 Recodification Citation: 33-1-13-1.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-89.2-4 — Indiana Code / Title 33 / Article 33 / Chapter 89.2 / Section 33-33-89.2-4
Bailiff and court reporter
Status: in_force

Sec. 4. The judge of the Wayne superior court No. 2 shall appoint a bailiff and an official court reporter for the court, to serve at the pleasure of the court. The judge shall fix their compensation within the limits and in the manner as may be provided by law concerning bailiffs and official court reporters. The compensation shall be paid monthly out of the treasury of Wayne County in the manner provided by law.

[Pre-2004 Recodification Citation: 33-5-47-3.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-6-0.2 — Indiana Code / Title 33 / Article 33 / Chapter 6 / Section 33-33-6-0.2
Application of certain amendments to prior law
Status: in_force

Sec. 0.2. The amendments made to IC 33-5-9-5 (before its repeal, now codified at section 7 of this chapter) by P.L.217-2001 apply to all proceedings pending under IC 31-34 on July 1, 2001, and to all proceedings commenced under IC 31-34 after June 30, 2001.

As added by P.L.220-2011, SEC.532.
Ind. Code § 33-33-4-1 — Indiana Code / Title 33 / Article 33 / Chapter 4 / Section 33-33-4-1
Judicial circuit
Status: in_force

Sec. 1. Benton County constitutes the seventy-sixth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-4.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.32.
Ind. Code § 33-41-3-0.2 — Indiana Code / Title 33 / Article 41 / Chapter 3 / Section 33-41-3-0.2
Application of prior law
Status: in_force

Sec. 0.2. The addition of IC 33-15-27 (before its repeal, now codified in this chapter) by P.L.104-1999 applies only to a deposition taken after December 31, 1999.

As added by P.L.220-2011, SEC.544.
Ind. Code § 33-33-48-12 — Indiana Code / Title 33 / Article 33 / Chapter 48 / Section 33-33-48-12
Judges; jurisdiction; dockets
Status: in_force

Sec. 12. (a) The Madison circuit court is a court of general jurisdiction with six (6) judges. The divisions of the court shall be known as Madison circuit court No. 1, No. 2, No. 3, No. 4, No. 5, and No. 6. Madison County constitutes the judicial district of the court and each of the court's divisions. The court shall maintain the following:

(1) A small claims and misdemeanor division under IC 33-28-3 that has:

(A) a small claims docket; and

(B) a minor offenses and violations docket.

(2) A criminal docket.

(3) A juvenile docket.

(4) A civil docket.

(5) A probate docket.

(6) A problem solving docket.

(b) The assignment of judges of the circuit court to the dockets specified in subsection (a) must be by rule of the circuit court.

As added by P.L.201-2011, SEC.69.
Ind. Code § 33-38-6.9-2 — Indiana Code / Title 33 / Article 38 / Chapter 6.9 / Section 33-38-6.9-2
Application of certain amendments to prior law
Status: in_force

Sec. 2. IC 33-13-9.1-4 (before its repeal, now codified at IC 33-38-7-11), IC 33-13-10.1-7 (before its repeal, now codified at IC 33-38-8-14), IC 33-13-10.1-9 (before its repeal, now codified at IC 33-38-8-16), and IC 33-13-10.1-10 (before its repeal, now codified at IC 33-38-8-17), all as amended by P.L.282-1995, apply to all benefits paid under IC 33-13-9.1 (before its repeal, now codified at IC 33-38-7) and IC 33-13-10.1 (before its repeal, now codified at IC 33-38-8) after June 30, 1995, but do not require the board to recompute any benefits that were paid under IC 33-13-9.1 (before its repeal, now codified at IC 33-38-7) or IC 33-13-10.1 (before its repeal, now codified at IC 33-38-8), before July 1, 1995.

As added by P.L.220-2011, SEC.541.
Ind. Code § 33-33-58-9 — Indiana Code / Title 33 / Article 33 / Chapter 58 / Section 33-33-58-9
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.7-10.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.127-2008, SEC.21.
Ind. Code § 33-42-0.5-32 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-32
"State"
Status: in_force

Sec. 32. "State" means a state of the United States, the District of Columbia, or a territory or possession subject to the jurisdiction of the United States.

As added by P.L.59-2018, SEC.39.
Ind. Code § 33-33-2-3 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-3
Magistrates
Status: in_force

Sec. 3. The judge of the Allen circuit court may appoint two (2) full-time magistrates under IC 33-23-5. A magistrate continues in office until removed by the judge.

[Pre-2004 Recodification Citation: 33-4-1-2.1.]

As added by P.L.98-2004, SEC.12. Amended by P.L.39-2012, SEC.1.
Ind. Code § 33-41-2-10 — Indiana Code / Title 33 / Article 41 / Chapter 2 / Section 33-41-2-10
Classes of counties based on unit factor system; factors
Status: in_force

Sec. 10. (a) The nine (9) classes of counties as set out in this chapter are based on a unit factor system. The factors are determined by the relation of the county to the state as established and certified to each county auditor by the state board of accounts not later than July 1 of each year. The factors are as follows:

(1) Population.

(2) Gross assessed valuation, as shown by the last preceding gross assessed valuation, as certified by the various counties to the state comptroller in the calendar year in which the calculation is made.

(b) The factors for each of the nine (9) classes set out in this chapter shall be obtained as follows:

(1) The population of each county shall be divided by the population of the entire state.

(2) The gross assessed valuation of each county shall be divided by the gross assessed valuation of the entire state.

(3) The results obtained in subdivisions (1) and (2) shall be added together and the sum obtained for each county shall be divided by two (2).

(4) The result obtained under subdivision (3), multiplied by one hundred (100), determines the classification of each county according to the following schedule:

CLASSIFICATION FACTORS

HIGH

LOW

CLASS

No Limit

8.00

1

All under

8.00

2.25

2

All under

2.25

1.25

3

All under

1.25

.85

4

All under

.85

.70

5

All under

.70

.60

6

All under

.60

.50

7

All under

.50

.35

8

All under

.35

No limit

9

[Pre-2004 Recodification Citation: 33-15-26-5.]

As added by P.L.98-2004, SEC.20. Amended by P.L.9-2024, SEC.524.
Ind. Code § 33-35-3-9 — Indiana Code / Title 33 / Article 35 / Chapter 3 / Section 33-35-3-9
City courts in certain counties; disposition of costs; costs paid in advance
Status: in_force

Sec. 9. (a) This section applies after June 30, 2005.

(b) A clerk of a city court in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) shall deposit all court costs collected by the clerk in accordance with IC 33-37-7-12. The fees received by the controller from the clerk shall be paid into the city treasury at the time of the semiannual settlement for city revenue.

(c) If the party instituting an action or a proceeding recovers judgment, the judgment must also include as costs an amount equal to the small claims costs fee, the small claims garnishee service fee, and the small claims service fee prescribed under IC 33-37-4-5 (before its repeal) or IC 33-37-4-6.

(d) Money paid in advance for costs remaining unexpended at the time a civil action or proceeding is terminated, whether by reason of Small claims costs fee, small claims service fee, and additional fees dismissal or otherwise, must be returned to the party or parties making payment. However, this section does not apply to civil actions or proceedings instituted by or on behalf of the state or any of the state's political subdivisions.

[Pre-2004 Recodification Citation: 33-10.1-6-10.]

As added by P.L.98-2004, SEC.14. Amended by P.L.174-2006, SEC.10; P.L.1-2007, SEC.220; P.L.11-2023, SEC.103.
Ind. Code § 33-42-0.5-17 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-17
"In a representative capacity"
Status: in_force

Sec. 17. "In a representative capacity" means acting:

(1) as an authorized agent, officer, representative, or trustee of another person;

(2) in any capacity as:

(A) provided by law; and

(B) stated in a record;

(3) as an agent or attorney in fact for a principal; or

(4) in any other authorized capacity.

As added by P.L.59-2018, SEC.24.
Ind. Code § 33-28-2-1 — Indiana Code / Title 33 / Article 28 / Chapter 2 / Section 33-28-2-1
Election of judges
Status: in_force

Sec. 1. A judge of the circuit court shall be elected under IC 3-10-2-11 by the voters of each circuit.

[Pre-2004 Recodification Citation: 33-4-4-1.]

As added by P.L.98-2004, SEC.7. Amended by P.L.9-2022, SEC.73.
Ind. Code § 33-38-8-18 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-18
Death of participant; benefits of dependent children
Status: in_force

Sec. 18. (a) Benefits provided under this section are subject to IC 33-38-6-13 and section 20 of this chapter.

(b) If a participant's spouse does not survive the participant, and there is no child designated and entitled to receive a benefit under section 17 of this chapter, any surviving dependent child of a participant is, upon the death of the participant, entitled to a benefit equal to the benefit the participant's spouse would have received under section 17 of this chapter.

(c) If a surviving spouse of a decedent participant dies and a dependent child of the surviving spouse and the decedent participant survives them, the dependent child is entitled to receive a benefit equal to the benefit the spouse was receiving or would have received under section 17 of this chapter.

(d) If there is more than one (1) dependent child, then the dependent children are entitled to share the benefit equally.

(e) A dependent child is entitled to receive the child's share until the child becomes eighteen (18) years of age or during the entire period of the child's physical or mental disability, whichever period is longer.

[Pre-2004 Recodification Citation: 33-13-10.1-11.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-64-1 — Indiana Code / Title 33 / Article 33 / Chapter 64 / Section 33-33-64-1
Application
Status: in_force

Sec. 1. IC 33-29-1 does not apply to this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-82-21 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-21
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-43-21.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-38-8-24 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-24
Cost of living adjustments payable after December 31, 2007, and December 31, 2008
Status: in_force

Sec. 24. (a) This subsection applies to participants, survivors, and beneficiaries receiving benefits as of December 31, 2007. The amount of the monthly benefit received by a participant, survivor, or beneficiary as of December 31, 2007, shall be increased by two percent (2%). The increase under this subsection applies to monthly benefits paid after December 31, 2007.

(b) This subsection applies to participants, survivors, and beneficiaries receiving benefits as of December 31, 2008. The amount of the monthly benefit received by a participant, survivor, or beneficiary as of December 31, 2008, shall be increased by two percent (2%). The increase under this subsection applies to monthly benefits paid after December 31, 2008.

As added by P.L.68-2007, SEC.2.
Ind. Code § 33-28-5-25 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-25
Adoption of rules
Status: in_force

Sec. 25. The supreme court may adopt rules, not inconsistent with this chapter, regulating the selection and service of jurors.

[Pre-2004 Recodification Citation: 33-4-11-25.]

As added by P.L.98-2004, SEC.7.
Ind. Code § 33-33-87-15 — Indiana Code / Title 33 / Article 33 / Chapter 87 / Section 33-33-87-15
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-45.5-14.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-59-1 — Indiana Code / Title 33 / Article 33 / Chapter 59 / Section 33-33-59-1
Judicial circuit
Status: in_force

Sec. 1. Orange County constitutes the eighty-seventh judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-59.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-40-6-6 — Indiana Code / Title 33 / Article 40 / Chapter 6 / Section 33-40-6-6
Certified claims in capital cases given priority
Status: in_force

Sec. 6. The commission shall give priority to certified claims for reimbursement in capital cases. If the balance in the public defense fund is not adequate to fully reimburse all certified claims in noncapital cases, the commission shall prorate reimbursement of certified claims in noncapital cases.

[Pre-2004 Recodification Citation: 33-9-14-6.]

As added by P.L.98-2004, SEC.19. Amended by P.L.85-2004, SEC.29.
Ind. Code § 33-33-82-4 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-4
Judicial powers
Status: in_force

Sec. 4. All inherent powers of judicial mandate in Vanderburgh County remain vested in the judges of the county.

[Pre-2004 Recodification Citation: 33-4-1-82.4.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-27-8 — Indiana Code / Title 33 / Article 33 / Chapter 27 / Section 33-33-27-8
Entries in dockets and records
Status: in_force

Sec. 8. The clerk of the Grant circuit court shall enter all judgments rendered in, executions issued from, and papers filed in the Grant superior court in the same judgment and execution dockets, lis pendens records, and other dockets and records, except order books, as are used for judgments and executions and proceedings of the Grant circuit court. The clerk shall note whether any judgment or proceeding is a judgment or proceeding of the Grant circuit or Grant superior court.

[Pre-2004 Recodification Citation: 33-5-11-16.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-68-2 — Indiana Code / Title 33 / Article 33 / Chapter 68 / Section 33-33-68-2
Establishment of standard superior court
Status: in_force

Sec. 2. (a) There is established a court of record to be known as the Randolph superior court.

(b) The Randolph superior court is a standard superior court as described in IC 33-29-1.

(c) Randolph County comprises the judicial district of the court.

[Pre-2004 Recodification Citation: 33-5-38.5-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-10-2 — Indiana Code / Title 33 / Article 37 / Chapter 10 / Section 33-37-10-2
Witnesses in criminal actions
Status: in_force

Sec. 2. (a) Except as provided in section 3.5 of this chapter, a witness in a criminal action may receive a fee if the witness:

(1) is summoned by the state;

(2) is named on the indictment or information; and

(3) testifies under oath to a material fact in aid of the prosecution.

(b) A fee paid under subsection (a) is the sum of the following:

(1) An amount for mileage at the mileage rate paid to state officers for each mile necessarily traveled to and from the court.

(2) For each day of attendance in court equal to:

(A) fifteen dollars ($15) for witnesses subpoenaed under IC 35-37-5-4; or

(B) five dollars ($5) for all other witnesses.

[Pre-2004 Recodification Citation: 33-19-1-5.]

As added by P.L.98-2004, SEC.16. Amended by P.L.41-2014, SEC.4.
Ind. Code § 33-38-8-10.5 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-10.5
Magistrate election to participate in benefit system
Status: in_force

Sec. 10.5. A person who is serving as a full-time magistrate on July 1, 2010, may elect to become a member of the judges' 1985 benefit system under this chapter. An election under this section:

(1) must be made in writing;

(2) must be filed with the board, on a form prescribed by the board, before October 1, 2010; and

(3) is irrevocable.

As added by P.L.122-2008, SEC.14.
Ind. Code § 33-34-8-5 — Indiana Code / Title 33 / Article 34 / Chapter 8 / Section 33-34-8-5
Low caseload courts; duties of circuit court judge
Status: in_force

Sec. 5. (a) This section applies after December 31, 2015.

(b) As used in this section, "low caseload court" means, for a calendar year, a court that, in the preceding calendar year:

(1) had less than four thousand (4,000) new filings; and

(2) was one (1) of the two (2) courts with the lowest number of new filings.

(c) Before January 1 of each year, the circuit court judge shall determine whether a court is a low caseload court.

(d) If the circuit court judge determines that one (1) or more courts is a low caseload court, the circuit court judge shall certify these courts as low caseload courts and notify the clerk of each township small claims court. Not more than two (2) courts may be certified as low caseload courts.

As added by P.L.170-2015, SEC.16.
Ind. Code § 33-33-15-2 — Indiana Code / Title 33 / Article 33 / Chapter 15 / Section 33-33-15-2
Establishment of standard superior courts
Status: in_force

Sec. 2. (a) There are established two (2) courts of record to be known as the:

(1) Dearborn superior court No. 1; and

(2) Dearborn superior court No. 2.

(b) Each Dearborn superior court is a standard superior court as described in IC 33-29-1.

(c) Dearborn County comprises the judicial district of each superior court.

[Pre-2004 Recodification Citation: 33-5-10.2-1.]

As added by P.L.98-2004, SEC.12. Amended by P.L.237-2005, SEC.2.
Ind. Code § 33-38-14-27 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-27
Hearing additional evidence
Status: in_force

Sec. 27. (a) The commission may order a hearing to take additional evidence at any time while the matter is pending before the commission. The order must set the time and place of the hearing in the county in which the judge resides and must indicate the matters on which evidence will be taken. A copy of the order shall be mailed to the judge and the counsel at least ten (10) days before the hearing.

(b) If masters have been appointed, the hearing of additional evidence is before the masters in accordance with this chapter.

[Pre-2004 Recodification Citation: 33-2.1-6-21.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-45-12 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-12
Personnel
Status: in_force

Sec. 12. (a) The senior judge of each division may appoint the number of bailiffs, court reporters, probation officers, and other personnel as the senior judge believes is necessary to judicially and efficiently facilitate and transact the business of the division. All appointments shall be made without regard to the political affiliation of the appointees. The salaries of the court personnel shall be fixed and paid as provided by law. The officers and persons appointed shall:

(1) perform the duties prescribed by the senior judge of each respective division; and

(2) serve at the pleasure of the senior judge.

(b) The court shall appoint an administrative officer who has the duties the court determines are necessary to ensure the efficient operation of the court. The court may appoint the number of deputy administrative officers as the court considers necessary to facilitate and transact the business of the court. Any appointment of an administrative officer or deputy administrative officer shall be made without regard to the political affiliation of the appointees. The salaries of the administrative officer and any deputy administrative officer shall be fixed by the court, to be paid out of the county treasury by the county auditor, upon the order of the court, and entered of record. Any administrative officer or deputy administrative officer appointed by the court shall:

(1) operate under the jurisdiction of the chief judge; and

(2) serve at the pleasure of the chief judge.

(c) The court may appoint part-time juvenile referees and magistrates as provided by IC 31-31-3.

(d) The court may appoint the number of probate commissioners provided for by IC 29-2-2. The probate commissioners shall be vested with the powers and duties provided by IC 29.

[Pre-2004 Recodification Citation: 33-5-29.5-8.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-5-28 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-28
Civil action service fee; garnishee service fee
Status: in_force

Sec. 28. (a) Except as provided in subsection (c), this section applies to a civil action in which the clerk is required to collect a civil costs fee under IC 33-37-4-4(a).

(b) The clerk shall collect the following:

(1) From the party filing the civil action, a service fee of ten dollars ($10) for each additional defendant that is not a garnishee defendant named other than the first named defendant.

(2) From any party adding a defendant that is not a garnishee defendant, a service fee of ten dollars ($10) for each defendant that is not a garnishee defendant added in the civil action.

(3) From a party that has named more than three (3) garnishees or garnishee defendants, a garnishee service fee of ten dollars ($10) for each garnishee or garnishee defendant in excess of three (3).

(4) From a party adding a garnishee or garnishee defendant, a garnishee service fee of ten dollars ($10) for each garnishee or garnishee defendant added to the action. However, a clerk may not collect a garnishee service fee for the first three (3) garnishees or garnishee defendants named in the action.

(c) This section does not apply to an action in which service is made by publication in accordance with Indiana Trial Rule 4.13 or to an action filed through the Indiana electronic filing system adopted by the Indiana supreme court.

As added by P.L.176-2005, SEC.15. Amended by P.L.174-2006, SEC.14; P.L.235-2017, SEC.13.
Ind. Code § 33-44-2-1 — Indiana Code / Title 33 / Article 44 / Chapter 2 / Section 33-44-2-1
Application of article; activities
Status: in_force

Sec. 1. This article does not apply to an activity that is:

(1) the practice of law; and

(2) regulated by the judicial department of state government.

[Pre-2004 Recodification Citation: 33-20-2-2.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-28-3-2 — Indiana Code / Title 33 / Article 28 / Chapter 3 / Section 33-28-3-2
Dockets
Status: in_force

Sec. 2. The small claims and misdemeanor division of the court has the following dockets:

(1) A small claims docket.

(2) A minor offenses and violations docket.

[Pre-2004 Recodification Citation: 33-4-3-6.]

As added by P.L.98-2004, SEC.7.
Ind. Code § 33-38-8-16 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-16
Permanent disability of participants; amount of benefits
Status: in_force

Sec. 16. (a) Benefits provided under this section are subject to IC 33-38-6-13 and section 20 of this chapter.

(b) A participant who becomes permanently disabled is entitled to an annual benefit that equals the product of:

(1) the salary that was paid to the participant at the time of separation from service; multiplied by

(2) the percentage prescribed in the following table:

Participant's Years

of Service

Percentage

0-12

50%

13

51%

14

52%

15

53%

16

54%

17

55%

18

56%

19

57%

20

58%

21

59%

22 or more

60%

If a participant has a partial year of service in addition to at least eight (8) full years of service, an additional percentage shall be calculated by prorating between the applicable percentages, based on the number of months in the partial year of service.

[Pre-2004 Recodification Citation: 33-13-10.1-9.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-2-21 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-21
Fees
Status: in_force

Sec. 21. The same fees shall be taxed in the Allen superior court as are provided by law to be taxed in the Allen circuit court. When collected in the Allen superior court, the fees shall be disbursed in the same manner as similar fees are disbursed in the Allen circuit court.

[Pre-2004 Recodification Citation: 33-5-5.1-13.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-23-11-2 — Indiana Code / Title 33 / Article 23 / Chapter 11 / Section 33-23-11-2
"Close relative"
Status: in_force

Sec. 2. As used in this chapter, "close relative" means a person:

(1) related to another person filing a statement of economic interest; or

(2) related to the other person's spouse;

as a son, a daughter, a grandson, a granddaughter, a great-grandson, a great-granddaughter, a father, a mother, a grandfather, a grandmother, a great-grandfather, a great-grandmother, a brother, a sister, a nephew, a niece, an uncle, or an aunt. For purposes of this section, relatives by adoption, half-blood, marriage, or remarriage are treated as relatives of whole kinship.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2. Amended by P.L.245-2017, SEC.5.
Ind. Code § 33-33-1-5 — Indiana Code / Title 33 / Article 33 / Chapter 1 / Section 33-33-1-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-4.5-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-40-3-5 — Indiana Code / Title 33 / Article 40 / Chapter 3 / Section 33-40-3-5
Multiple court appointed legal service programs
Status: in_force

Sec. 5. A county may not have more than one (1) program providing court appointed legal services in the county, unless the fiscal body of the county agrees to allow additional court appointed legal services programs in the county.

[Pre-2004 Recodification Citation: 33-9-11.5-5.]

As added by P.L.98-2004, SEC.19.
Ind. Code § 33-33-45-35 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-35
Nominees; requirements of commission
Status: in_force

Sec. 35. In selecting the five (5) nominees to be submitted to the governor, the commission shall comply with the following requirements:

(1) The commission shall submit only the names of the five (5) most highly qualified candidates from among all those eligible individuals considered. To be eligible for nomination as a judge of the superior court of Lake County, a person must be domiciled in the county of Lake, a citizen of the United States, and admitted to the practice of law in Indiana.

(2) In abiding by the mandate in subdivision (1), the commission shall evaluate in writing each eligible individual on the following factors:

(A) Law school record, including any academic honors and achievements.

(B) Contribution to scholarly journals and publications, legislative drafting, and legal briefs.

(C) Activities in public service, including:

(i) writings and speeches concerning public or civic affairs that are on public record, including but not limited to campaign speeches or writings, letters to newspapers, and testimony before public agencies;

(ii) government service;

(iii) efforts and achievements in improving the administration of justice; and

(iv) other conduct relating to the individual's profession.

(D) Legal experience, including the number of years of practicing law, the kind of practice involved, and reputation as a trial lawyer or judge.

(E) Probable judicial temperament.

(F) Physical condition, including age, stamina, and possible habitual intemperance.

(G) Personality traits, including the exercise of sound judgment, ability to compromise and conciliate, patience, decisiveness, and dedication.

(H) Membership on boards of directors, financial interests, and any other consideration that might create conflict of interest with a judicial office.

(I) Any other pertinent information that the commission feels is important in selecting the best qualified individuals for judicial office.

(3) These written evaluations shall not be made on an individual until the individual states in writing that the individual desires to hold a judicial office that is or will be created by vacancy.

(4) The political affiliations of any candidate may not be considered by the commission in evaluating and determining which eligible candidates shall be recommended to the governor for a vacancy on the superior court of Lake County.

(5) In determining which eligible candidates are recommended to the governor, the commission shall consider that racial and gender diversity enhances the quality of the judiciary.

[Pre-2004 Recodification Citation: 33-5-29.5-36.]

As added by P.L.98-2004, SEC.12. Amended by P.L.204-2021, SEC.8.
Ind. Code § 33-32-2-5 — Indiana Code / Title 33 / Article 32 / Chapter 2 / Section 33-32-2-5
Administering of oaths
Status: in_force

Sec. 5. A clerk may administer all oaths.

[Pre-2004 Recodification Citation: 33-17-1-7.]

As added by P.L.98-2004, SEC.11.
Ind. Code § 33-42-17-12 — Indiana Code / Title 33 / Article 42 / Chapter 17 / Section 33-42-17-12
Remote notarial act considered performed in Indiana
Status: in_force

Sec. 12. A remote notarial act performed in accordance with this chapter is considered to have been performed in Indiana, regardless of the physical location of the principal at the time the remote notarial act is performed.

As added by P.L.59-2018, SEC.64. Amended by P.L.185-2021, SEC.62.
Ind. Code § 33-43-1-9 — Indiana Code / Title 33 / Article 43 / Chapter 1 / Section 33-43-1-9
Refusal to deliver over money or papers; contempt
Status: in_force

Sec. 9. If, on request, an attorney refuses to deliver over money or papers to a person from whom or for whom the attorney has received them, in the course of the attorney's professional employment, the attorney may be required, after reasonable notice, on motion of any party aggrieved, by an order of the court in which an action, if any, was prosecuted or if an action was not prosecuted, by the order of any court of record, to deliver the money or papers within a specified time, or show cause why the attorney should not be punished for contempt.

[Pre-2004 Recodification Citation: 33-21-1-9.]

As added by P.L.98-2004, SEC.22.
Ind. Code § 33-38-13-8 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-8
Age; temporary judicial duties
Status: in_force

Sec. 8. (a) Every justice of the supreme court and judge of the court of appeals shall retire at seventy-five (75) years of age.

(b) Notwithstanding subsection (a), the supreme court may authorize retired justices and judges to perform temporary judicial duties in any state court.

[Pre-2004 Recodification Citation: 33-2.1-5-1.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-23-12-1 — Indiana Code / Title 33 / Article 23 / Chapter 12 / Section 33-23-12-1
Legislative findings
Status: in_force

Sec. 1. The general assembly finds that:

(1) the right of every citizen to freely participate in political activity is inherent in the guarantee of free speech contained in Article 1, Section 9 of the Constitution of the State of Indiana and in Amendment I to the Constitution of the United States;

(2) the right to freely participate in political activity is guaranteed to state employees under IC 4-15-10-2;

(3) the judiciary is not less subject to constitutional strictures against governmental interference with the free exercise of speech than are the executive and legislative branches of government; and

(4) employees in the judicial branch of state government have the same rights guaranteed to all Indiana citizens.

[Pre-2004 Recodification Citation: 33-1-17-1.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-28-4 — Indiana Code / Title 33 / Article 33 / Chapter 28 / Section 33-33-28-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-19.5-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-2-40 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-40
Vacancy in judgeship; nomination of candidates; requirements
Status: in_force

Sec. 40. In selecting the three (3) nominees to be submitted to the governor, the commission shall comply with the following requirements:

(1) The commission shall submit only the names of the three (3) most highly qualified candidates from among all those eligible individuals considered. To be eligible for nomination as a judge of the Allen superior court, a person must meet the qualifications listed in section 10 of this chapter.

(2) As an aid in choosing the three (3) most qualified candidates, the commission shall in writing evaluate each eligible individual it considers on the following factors:

(A) Law school record, including any academic honors and achievements.

(B) Contributions to scholarly journals and publications, legislative draftings, and legal briefs.

(C) Activities in public service, including:

(i) writings and speeches concerning public or civic affairs that are on public record, including campaign speeches or writing, letters to newspapers, and testimony before public agencies;

(ii) government service;

(iii) efforts and achievements in improving the administration of justice; and

(iv) other conduct relating to the candidate's profession.

(D) Legal experience, including the number of years practicing law, the kind of practice involved, and reputation as a trial lawyer or judge.

(E) Probable judicial temperament.

(F) Physical condition, including age, stamina, and possible habitual intemperance.

(G) Personality traits, including the exercise of sound judgment, ability to compromise and conciliate, patience, decisiveness, and dedication.

(H) Membership on boards of directors, financial interests, and any other consideration that might create conflict of interest with a judicial office.

(I) Any other pertinent information that the commission feels is important in selecting the best qualified individuals for judicial office.

(3) An individual may not be evaluated before the individual states in writing that the individual desires to hold a judicial office that is or will be created by a vacancy.

(4) The political affiliations of a candidate may not be considered.

[Pre-2004 Recodification Citation: 33-5-5.1-38.1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-79.4-5 — Indiana Code / Title 33 / Article 33 / Chapter 79.4 / Section 33-33-79.4-5
Judicial powers
Status: in_force

Sec. 5. The judges of Tippecanoe superior court No. 4, No. 5, No. 6, and No. 7 have the same powers relating to the conduct of the business of Tippecanoe superior court No. 4, No. 5, No. 6, and No. 7 as the judge of the Tippecanoe circuit court. The judge of each court also may administer oaths, solemnize marriages, and take and certify acknowledgments of deeds.

[Pre-2004 Recodification Citation: 33-5-42.2-4.]

As added by P.L.98-2004, SEC.12. Amended by P.L.9-2019, SEC.3.
Ind. Code § 33-23-1-6 — Indiana Code / Title 33 / Article 23 / Chapter 1 / Section 33-23-1-6
Infraction
Status: in_force

Sec. 6. "Infraction" means a violation of a statute for which a person may be fined but not imprisoned.

[Pre-2004 Recodification Citation: 33-1-13-1.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-66-5 — Indiana Code / Title 33 / Article 33 / Chapter 66 / Section 33-33-66-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-38.2-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-36-2-1 — Indiana Code / Title 33 / Article 36 / Chapter 2 / Section 33-36-2-1
Establishment of ordinance violations bureau; clerk
Status: in_force

Sec. 1. The legislative body of a municipal corporation may establish, by ordinance or code, an ordinance violations bureau. Upon the creation of a bureau, the legislative body shall provide for the appointment of a violations clerk (who may be the clerk or clerk-treasurer of the municipal corporation) to be the administrator of the bureau.

[Pre-2004 Recodification Citation: 33-6-3-1.]

As added by P.L.98-2004, SEC.15.
Ind. Code § 33-42-5-2 — Indiana Code / Title 33 / Article 42 / Chapter 5 / Section 33-42-5-2
Seal; requirements
Status: in_force

Sec. 2. Before a trustee may perform a notarial act, the trustee must obtain a seal that can stamp upon paper a distinct impression that indicates the trustee's official character, along with any other information that the trustee chooses. A notarial act of a trustee that is not attested by a seal is void.

[Pre-2004 Recodification Citation: 33-16-8-2.]

As added by P.L.98-2004, SEC.21.
Ind. Code § 33-38-4-3 — Indiana Code / Title 33 / Article 38 / Chapter 4 / Section 33-38-4-3
Powers
Status: in_force

Sec. 3. The chief clerk may administer oaths that are convenient or necessary to be administered in the discharge of the clerk's duties, for which there is no charge or expense incurred.

[Pre-2004 Recodification Citation: 33-13-6-1.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-90-1 — Indiana Code / Title 33 / Article 33 / Chapter 90 / Section 33-33-90-1
Judicial circuit
Status: in_force

Sec. 1. Wells County constitutes the twenty-eighth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-90.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-0.5-3 — Indiana Code / Title 33 / Article 33 / Chapter 0.5 / Section 33-33-0.5-3
"Abolition date"
Status: in_force

Sec. 3. As used in this chapter, "abolition date" means the date a court is abolished under this article.

As added by P.L.224-2025, SEC.2.
Ind. Code § 33-31-1-16 — Indiana Code / Title 33 / Article 31 / Chapter 1 / Section 33-31-1-16
Judicial powers
Status: in_force

Sec. 16. (a) The judge of the court:

(1) may make and adopt rules and regulations for conducting the business of the court, not repugnant to Indiana law; and

(2) has all the power incident to a court of record and of general original jurisdiction, in relation to the attendance of witnesses, the punishment of contempts, and enforcing its orders.

(b) The judge of the court may:

(1) administer oaths;

(2) take and certify acknowledgments of deeds; and

(3) give all necessary certificates for the authentication of the records and proceedings in the court.

[Pre-2004 Recodification Citation: 33-8-2-17.]

As added by P.L.98-2004, SEC.10.
Ind. Code § 33-27-1-4 — Indiana Code / Title 33 / Article 27 / Chapter 1 / Section 33-27-1-4
"Mail"
Status: in_force

Sec. 4. "Mail" includes ordinary mail or personal delivery.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.6.
Ind. Code § 33-24-12-7 — Indiana Code / Title 33 / Article 24 / Chapter 12 / Section 33-24-12-7
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-2.1-11-7.]

As added by P.L.98-2004, SEC.3. Repealed by P.L.201-2023, SEC.256.
Ind. Code § 33-38-8-4 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-4
"Employer"
Status: in_force

Sec. 4. As used in this chapter, "employer" means the state of Indiana.

[Pre-2004 Recodification Citation: 33-13-10.1-2.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-41-1-2 — Indiana Code / Title 33 / Article 41 / Chapter 1 / Section 33-41-1-2
Gender of appointee; child of judge
Status: in_force

Sec. 2. (a) A person may not be considered ineligible to serve as official reporter because of the person's gender.

(b) A judge may not appoint the judge's son or daughter as an official reporter.

[Pre-2004 Recodification Citation: 33-15-23-2.]

As added by P.L.98-2004, SEC.20.
Ind. Code § 33-28-1-1 — Indiana Code / Title 33 / Article 28 / Chapter 1 / Section 33-28-1-1
Place of holding court; name of court
Status: in_force

Sec. 1. The circuit court shall be held in the respective counties at times as may be fixed by law. The court shall be styled "____________ Circuit Court", according to the name of the county in which it may be held.

[Pre-2004 Recodification Citation: 33-4-4-2.]

As added by P.L.98-2004, SEC.7.
Ind. Code § 33-23-1-10.5 — Indiana Code / Title 33 / Article 23 / Chapter 1 / Section 33-23-1-10.5
"User fee"
Status: in_force

Sec. 10.5. (a) "User fee" means a fee, rate, or charge imposed by a political subdivision that:

(1) represents a just, reasonable, and proportionate approximation of the:

(A) use or privilege for use of a service;

(B) benefit conferred by the use or privilege for use of a service; and

(C) costs incurred by a political subdivision for providing the service or availability of the service; and

(2) is not excessive in relation to the costs incurred for providing the service.

(b) The term includes but is not limited to the following:

(1) Rates and charges established under IC 8-1.5-3.

(2) Rates and charges established under IC 8-1.5-4.

(3) User fees assessed under IC 8-1.5-5.

(4) Final disposal fees established under IC 13-21-13.

(5) Solid waste management fees established under IC 13-21-14.

(6) Rates and charges established under IC 13-26-11.

(7) Rates and charges established under IC 14-33-5.

(8) Fees established or charged under IC 36-9-23.

(9) Fees fixed or established under IC 36-9-25.

(10) Fees established under IC 36-9-27.

(11) Fees established under IC 36-9-30.

(12) Fees established under IC 36-9-31.

(13) Fees imposed under IC 36-7-4-1311.

As added by P.L.195-2019, SEC.2.
Ind. Code § 33-23-18-2 — Indiana Code / Title 33 / Article 23 / Chapter 18 / Section 33-23-18-2
Establishment of a referral program
Status: in_force

Sec. 2. (a) A council may establish a referral program in the county served by the council.

(b) A referral program established under this section must comply with:

(1) this chapter; and

(2) rules adopted by the division concerning:

(A) educational and occupational requirements for treatment providers; and

(B) the operation of the program.

(c) Subject to subsection (b), the council shall direct the operation of the referral program in the county or region served by the referral program.

(d) The council shall employ, contract with, or appoint one (1) or more treatment providers.

As added by P.L.205-2023, SEC.27.
Ind. Code § 33-33-84-16 — Indiana Code / Title 33 / Article 33 / Chapter 84 / Section 33-33-84-16
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-44.1-20.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-42-9-8 — Indiana Code / Title 33 / Article 42 / Chapter 9 / Section 33-42-9-8
Notarial acts in another state
Status: in_force

Sec. 8. (a) A notarial act performed in another state is presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana if the notarial act performed in the other state is performed by:

(1) a notary public of the other state;

(2) a judge, clerk, or deputy clerk of the other state; or

(3) any other individual authorized by the law of the other state to perform notarial acts.

(b) The signature and title of an individual performing a notarial act in another state is prima facie evidence of the fact that:

(1) the signature is genuine; and

(2) the individual holds the designated title.

(c) The signature of a notarial officer described in subsection (a)(1) or (a)(2) conclusively establishes the authority of the notarial officer to perform the notarial act.

As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.48.
Ind. Code § 33-38-9-11 — Indiana Code / Title 33 / Article 38 / Chapter 9 / Section 33-38-9-11
Repealed
Status: repealed

As added by P.L.248-2015, SEC.8. Repealed by P.L.156-2020, SEC.125.
Ind. Code § 33-39-7-12 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-12
Contributions
Status: in_force

Sec. 12. (a) Except as otherwise provided in this section, each participant shall make contributions to the fund as follows:

(1) A participant described in section 8(a)(1) of this chapter shall make contributions of six percent (6%) of each payment of salary received for services after December 31, 1989.

(2) A participant described in section 8(a)(2) or 8(a)(3) of this chapter shall make contributions of six percent (6%) of each payment of salary received for services after June 30, 1994.

A participant's contributions shall be deducted from the participant's monthly salary by the state comptroller and credited to the fund.

(b) The state may pay the contributions for a participant. The state may elect to pay the contribution for the participant as a pickup under Section 414(h) of the Internal Revenue Code.

(c) After a participant has contributed to the fund as provided in subsection (a) for twenty-two (22) years, the participant is not required to make additional contributions to the fund.

(d) After December 31, 2011, the state comptroller shall submit the contributions paid by or on behalf of a participant under this section by electronic funds transfer in accordance with section 12.5 of this chapter.

[Pre-2004 Recodification Citation: 33-14-9-11.]

As added by P.L.98-2004, SEC.18. Amended by P.L.13-2011, SEC.13; P.L.160-2013, SEC.3; P.L.9-2024, SEC.521.
Ind. Code § 33-32-1-1 — Indiana Code / Title 33 / Article 32 / Chapter 1 / Section 33-32-1-1
"Clerk" defined
Status: in_force

Sec. 1. As used in this article, "clerk" means a clerk of the circuit court elected and qualified under Article 6, Sections 2 and 4 of the Constitution of the State of Indiana.

[Pre-2004 Recodification Citation: 33-17-1-1.]

As added by P.L.98-2004, SEC.11.
Ind. Code § 33-39-2-4 — Indiana Code / Title 33 / Article 39 / Chapter 2 / Section 33-39-2-4
Fees; violations of law
Status: in_force

Sec. 4. A prosecuting attorney or deputy prosecuting attorney who performs an act under this chapter is entitled to the same fees as those charged by notaries public. If an act committed by a notary public would be a violation of the law, the act is a violation of the law if committed by a prosecuting attorney or deputy prosecuting attorney in the performance of an act authorized under this chapter.

[Pre-2004 Recodification Citation: 33-14-5-4.]

As added by P.L.98-2004, SEC.18.
Ind. Code § 33-38-6-21 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-21
Warrants to participants
Status: in_force

Sec. 21. (a) When drawing a salary warrant for a participant, the state comptroller and the county auditor shall deduct from the amount of the warrant the participant's contribution, if any, to the fund in the amount certified in the vouchers or an order issued by the director.

(b) The state comptroller and the county auditor shall draw a warrant to the fund for the total contributions withheld from the participants each month. The warrant drawn to the fund together with a list of participants and the amount withheld from each participant shall be transmitted immediately to the director.

(c) After December 31, 2011, the state comptroller and the county auditor shall submit the contributions paid by or on behalf of a participant under this section by electronic funds transfer in accordance with section 21.5 of this chapter.

[Pre-2004 Recodification Citation: 33-13-8-21.]

As added by P.L.98-2004, SEC.17. Amended by P.L.13-2011, SEC.6; P.L.9-2024, SEC.516.
Ind. Code § 33-38-8-10 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-10
Participants
Status: in_force

Sec. 10. (a) A person who:

(1) begins service as a judge after August 31, 1985; and

(2) is not a participant in the fund;

shall become a participant in the fund.

(b) A person who is serving as a full-time magistrate on July 1, 2010, and makes an election under section 10.5 of this chapter is, beginning January 1, 2011, a participant in the judges' 1985 benefit system under this chapter.

(c) A person who begins serving as a full-time magistrate after July 1, 2010, is a participant in the judges' 1985 benefit system under this chapter beginning on the later of the following:

(1) January 1, 2011.

(2) The date the person begins service as a full-time magistrate.

[Pre-2004 Recodification Citation: 33-13-10.1-3.]

As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.13.
Ind. Code § 33-38-13-28 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-28
Certification of commission recommendation to supreme court
Status: in_force

Sec. 28. Upon recommending the censure, retirement, or removal of a justice or judge, the commission shall promptly file the following with the clerk of the supreme court:

(1) A copy of the recommendation certified by the chairman or secretary of the commission.

(2) A transcript of the evidence.

(3) Findings of fact and conclusions of law.

The commission shall promptly mail to the justice or judge and the counsel notice of the filing and copies of the filed documents.

[Pre-2004 Recodification Citation: 33-2.1-5-21.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-82-2 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-2
Judicial circuit
Status: in_force

Sec. 2. Vanderburgh County constitutes the first judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-82.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-23-2-1 — Indiana Code / Title 33 / Article 23 / Chapter 2 / Section 33-23-2-1
Calendar year term
Status: in_force

Sec. 1. The term of court for all courts is the calendar year and the judges of a court may act in all matters and proceedings through the entire calendar year.

[Pre-2004 Recodification Citation: 33-1-6-1.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-79.4-15 — Indiana Code / Title 33 / Article 33 / Chapter 79.4 / Section 33-33-79.4-15
Presiding judge
Status: in_force

Sec. 15. (a) The judges of Tippecanoe superior court No. 4, No. 5, No. 6, and No. 7, by rules jointly adopted by the courts, shall designate one (1) of the judges of the courts as presiding judge for the standard small claims and misdemeanor divisions of the courts.

(b) The presiding judge shall insure that the standard small claims divisions operate efficiently.

[Pre-2004 Recodification Citation: 33-5-42.2-14.]

As added by P.L.98-2004, SEC.12. Amended by P.L.9-2019, SEC.9.
Ind. Code § 33-38-13-5 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-5
"Mail" defined
Status: in_force

Sec. 5. As used in this chapter, "mail" includes ordinary mail or personal delivery.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-32-4-9 — Indiana Code / Title 33 / Article 32 / Chapter 4 / Section 33-32-4-9
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-17-1-4.1.]

As added by P.L.98-2004, SEC.11. Repealed by P.L.148-2006, SEC.35.
Ind. Code § 33-23-2-6 — Indiana Code / Title 33 / Article 23 / Chapter 2 / Section 33-23-2-6
Setting for trial of cases at issue; discharge of rules upon which time has run
Status: in_force

Sec. 6. In setting for trial a case at issue and in discharging rules upon which time has run, a judge shall:

(1) fix regular periods for setting cases not exceeding one hundred twenty (120) days between the periods; or

(2) set each case by a docket sheet entry, on a day certain, with notice, either in person or by mail, of the date set to attorneys of record.

[Pre-2004 Recodification Citation: 33-1-6-5.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-37-4-8 — Indiana Code / Title 33 / Article 37 / Chapter 4 / Section 33-37-4-8
Actions listed in IC 33-37-4-4, IC 33-37-4-6, and IC 33-37-4-7; change of venue
Status: in_force

Sec. 8. (a) This section applies in all actions listed in sections 4, 6, and 7 of this chapter.

(b) In an action in which there has been or will be a change of venue or transfer from one (1) county to another, the clerk of the court from which the action is transferred shall collect from the party seeking change of venue a fee equal to that required by sections 4, 6, and 7 of this chapter. The clerk of the transferring court shall forward the fee collected under this section to the clerk of the court to which the action is transferred.

[Pre-2004 Recodification Citation: 33-19-4-3.]

As added by P.L.98-2004, SEC.16. Amended by P.L.1-2007, SEC.221.
Ind. Code § 33-33-89.3-7 — Indiana Code / Title 33 / Article 33 / Chapter 89.3 / Section 33-33-89.3-7
Books, dockets, and papers
Status: in_force

Sec. 7. The clerk, under the direction of the judge of the court, shall provide order books, judgment dockets, execution dockets, fee books, and other books for the court, which shall be kept separately from the books and papers of other courts.

[Pre-2004 Recodification Citation: 33-5-48-9.]

As added by P.L.98-2004, SEC.12.