Ind. Code § 33-39-7-19 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-19
Benefits payable to surviving spouse; eligibility; computation
Status: in_force

Sec. 19. (a) A participant may designate the participant's surviving spouse or one (1) or more of the participant's surviving dependent children to receive the benefit provided by this section upon the death of the participant. A participant may designate a trust or a custodian account under IC 30-2-8.5 that is established for one (1) or more of the participant's surviving dependent children to receive the benefit provided by this section instead of designating one (1) or more of the participant's surviving dependent children to receive the benefit directly.

(b) If a participant:

(1) dies; and

(2) on the date of death:

(A) was receiving benefits under this chapter;

(B) was in service in a position described in section 8 of this chapter and had completed at least eight (8) years of service in a position described in section 8 of this chapter;

(C) had a permanent disability as described in section 17 of this chapter; or

(D) was not in service in a position described in section 8 of this chapter, had completed at least eight (8) years of service in a position described in section 8 of this chapter, and was entitled to a future benefit;

the participant's beneficiary designated under subsection (a) is entitled, regardless of the participant's age, to the benefit prescribed by subsection (c), (e), or (f).

(c) The amount of the annual benefit payable to a beneficiary to whom subsection (b) applies is equal to the greater of:

(1) twelve thousand dollars ($12,000); or

(2) fifty percent (50%) of the amount of retirement benefit:

(A) the participant was drawing at the time of death; or

(B) to which the participant would have been entitled had the participant retired and begun receiving retirement benefits on the date of death. However, the reduction described in section 16(d) of this chapter does not apply to the calculation of a survivor benefit under this clause.

(d) A benefit payable under this section is subject to the following:

(1) A surviving spouse designated as the beneficiary under subsection (a) is entitled to receive the benefit for life.

(2) The total monthly benefit payable to a surviving child or children is equal to the same monthly benefit that was to have been payable to the surviving spouse.

(3) If there is more than one (1) child designated by the participant, the children are entitled to share the benefit in equal monthly amounts.

(4) A child entitled to a benefit shall receive that 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.

(5) Upon the cessation of benefits to one (1) designated child, if there are one (1) or more other children then surviving and still entitled to benefits, the remaining children shall share the benefit equally. If the surviving spouse of the participant is surviving upon the cessation of benefits to all designated children, the surviving spouse shall then receive the benefit for the remainder of the spouse's life.

(6) The benefit is payable to the participant's surviving spouse if any of the following occur:

(A) No child or children named as a beneficiary by the participant survives or survive the participant.

(B) No child or children designated by the participant is or are entitled to a benefit due to the age of the child or children at the time of death of the participant.

(C) A designation is not made.

(e) Except as provided in subsection (f), benefits payable to a designated beneficiary under this section are reduced by the amount, if any, that is payable to the surviving spouse or the surviving dependent children from the public employees' retirement fund as a result of the participant's death after subtracting the participant's contributions and earnings attributable to the participant's contributions in the participant's annuity savings account.

(f) This subsection applies to a surviving spouse of a participant who is a member of the public employees' defined contribution plan established by IC 5-10.3-12-18. Benefits payable to a surviving spouse of a participant under this section are reduced by the pension portion of the retirement benefit, if any, that would be payable to the spouse from the public employees' retirement fund under the joint and survivor option under IC 5-10.2-4-7, computed at fifty percent (50%) of the participant's decreased retirement benefit, if the participant had not made an election under IC 5-10.3-12-20 to become a member of the public employees' defined contribution plan.

[Pre-2004 Recodification Citation: 33-14-9-17.]

As added by P.L.98-2004, SEC.18. Amended by P.L.33-2006, SEC.3; P.L.54-2013, SEC.6; P.L.160-2013, SEC.8; P.L.27-2019, SEC.26.
Ind. Code § 33-33-10-17 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-17
Concerted action by judges; majority rules
Status: in_force

Sec. 17. (a) When any action of the entire circuit court is required, including selection of a presiding judge under section 16(b) of this chapter and adoption of rules under section 19 of this chapter, the judges of the circuit court shall act by consensus.

(b) If consensus is not possible under subsection (a), the decision of the majority of the judges controls.

As added by P.L.201-2011, SEC.39.
Ind. Code § 33-23-16-27 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-27
Staff immunity
Status: in_force

Sec. 27. The coordinator and members of the professional and administrative staff of a problem solving court who perform duties in good faith under this chapter are immune from civil liability for:

(1) acts or omissions in providing services under this chapter; and

(2) the reasonable exercise of discretion in determining eligibility to participate in a problem solving court program.

As added by P.L.108-2010, SEC.4.
Ind. Code § 33-28-2-2 — Indiana Code / Title 33 / Article 28 / Chapter 2 / Section 33-28-2-2
Numbered seats
Status: in_force

Sec. 2. In any circuit for which IC 33-33 provides more than one (1) judge of the circuit court, the county election board shall assign a number to each seat on the court. After that, any candidate for judge of the circuit court must file a declaration of candidacy under IC 3-8-2 or petition of nomination under IC 3-8-6 for one (1) specified seat of the court. Each seat on the court shall be listed separately on the election ballot in the form prescribed by IC 3-10-1-19 and IC 3-11.

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

As added by P.L.98-2004, SEC.7. Amended by P.L.58-2005, SEC.31.
Ind. Code § 33-27-2-6 — Indiana Code / Title 33 / Article 27 / Chapter 2 / Section 33-27-2-6
Compensation
Status: in_force

Sec. 6. A member of the judicial nominating commission shall serve without compensation for the member's services, except for per diem and travel expenses and other necessary and reasonable expenses.

[Pre-2004 Recodification Citation: 33-2.1-4-14.]

As added by P.L.98-2004, SEC.6.
Ind. Code § 33-38-6.9-4 — Indiana Code / Title 33 / Article 38 / Chapter 6.9 / Section 33-38-6.9-4
Application of certain amendments to IC 33-38-8-13
Status: in_force

Sec. 4. The amendments made to IC 33-38-8-13 by P.L.28-2005 apply:

(1) to participants in the judges' 1985 retirement, disability, and death benefit system regardless of whether the participants:

(A) retired before July 1, 2005; or

(B) retire after June 30, 2005; and

(2) only to benefits first payable after June 30, 2005.

As added by P.L.220-2011, SEC.541.
Ind. Code § 33-33-49-5 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-5
"Court" defined
Status: in_force

Sec. 5. As used in this chapter, "court" refers to the Marion superior court.

[Pre-2004 Recodification Citation: 33-5.1-1-4.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-19-2 — Indiana Code / Title 33 / Article 33 / Chapter 19 / Section 33-33-19-2
Establishment of standard superior court
Status: in_force

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

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

(c) Dubois County comprises the judicial district of the superior court.

[Pre-2004 Recodification Citation: 33-5-12.5-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-44-7-11 — Indiana Code / Title 33 / Article 44 / Chapter 7 / Section 33-44-7-11
Receipt of disbursed funds for programs assisting in improvement of administration of justice; eligibility for other funds
Status: in_force

Sec. 11. An entity that receives funds disbursed under section 9(2) of this chapter during a year is not eligible to receive funds disbursed under section 9(1) of this chapter during that year.

[Pre-2004 Recodification Citation: 33-20-7-11.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-23-3-2 — Indiana Code / Title 33 / Article 23 / Chapter 3 / Section 33-23-3-2
Approval of application; appointment
Status: in_force

Sec. 2. Upon approving the request by a circuit court, a superior court, a probate court, the tax court, or the court of appeals for a senior judge, the supreme court may appoint a senior judge to serve that court for the duration specified in the application submitted under section 1 of this chapter.

[Pre-2004 Recodification Citation: 33-4-8-2.]

As added by P.L.98-2004, SEC.2. Amended by P.L.32-2005, SEC.2; P.L.201-2011, SEC.15.
Ind. Code § 33-44-4-5 — Indiana Code / Title 33 / Article 44 / Chapter 4 / Section 33-44-4-5
Considerations by chief justice in appointing members
Status: in_force

Sec. 5. The chief justice shall consider the following factors as favorable in appointing a member under section 3 of this chapter:

(1) Whether the individual is a dean of an Indiana law school.

(2) Whether the individual is a director or board member of an Indiana legal services or legal aid program.

(3) Whether the individual is a member of the Indiana State Bar Association.

(4) Whether the appointment of the individual would result in representation on the board from the first district, second district, and third district of the court of appeals.

(5) Whether the individual is a representative of a depository financial institution.

(6) Whether the individual is an eligible client.

[Pre-2004 Recodification Citation: 33-20-4-5.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-44-6-9 — Indiana Code / Title 33 / Article 44 / Chapter 6 / Section 33-44-6-9
Release and discharge of depository financial institution
Status: in_force

Sec. 9. The remittance of interest by a depository financial institution to the board from an interest bearing attorney trust account is a valid and sufficient release and discharge of a claim by an entity against the depository financial institution for the remittance.

[Pre-2004 Recodification Citation: 33-20-6-9.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-18-6 — Indiana Code / Title 33 / Article 33 / Chapter 18 / Section 33-33-18-6
Rules for administration of court
Status: in_force

Sec. 6. (a) The judges of the Delaware circuit court shall adopt rules to provide for the administration of the court, including rules governing the following:

(1) Allocation of case load.

(2) Legal representation for indigents.

(3) Budgetary matters of the court.

(4) Operation of the probation department.

(5) Term of administration of the presiding judge.

(6) Employment and management of court personnel.

(7) Cooperative efforts with other courts for establishing and administering shared programs and facilities.

(b) The court shall file with the office of judicial administration a copy of the rules adopted under this section.

[Pre-2004 Recodification Citation: 33-4-12-5.]

As added by P.L.98-2004, SEC.12. Amended by P.L.161-2018, SEC.80.
Ind. Code § 33-33-82-26 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-26
Transfer of causes from circuit court
Status: in_force

Sec. 26. The judge of the circuit court may, with the consent of the 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 further transcript to be redocketed and disposed of as if originally filed with the superior court.

[Pre-2004 Recodification Citation: 33-5-43-27.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-71-7 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-7
Seal
Status: in_force

Sec. 7. The superior court shall have a seal consisting of a circular disk containing the words "St. Joseph Superior Court", an impression of which shall be spread of record upon the order book of the court.

[Pre-2004 Recodification Citation: 33-5-40-3.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-15-1 — Indiana Code / Title 33 / Article 33 / Chapter 15 / Section 33-33-15-1
Judicial circuit
Status: in_force

Sec. 1. (a) Dearborn County and Ohio County constitute the seventh judicial circuit.

(b) The judge of the Dearborn and Ohio circuit court may appoint one (1) full-time magistrate under IC 33-23-5. The magistrate continues in office until removed by the judge.

[Pre-2004 Recodification Citation: 33-4-1-15.]

As added by P.L.98-2004, SEC.12. Amended by P.L.127-2008, SEC.10.
Ind. Code § 33-33-71-27 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-27
Transfer of causes to circuit court
Status: in_force

Sec. 27. The chief judge of the superior court may, with the consent of the judge of the circuit court, transfer any action, cause, or proceeding filed and docketed in the superior court to the circuit 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 circuit court.

[Pre-2004 Recodification Citation: 33-5-40-27.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-30-7 — Indiana Code / Title 33 / Article 33 / Chapter 30 / Section 33-33-30-7
Change of venue
Status: in_force

Sec. 7. (a) Change of venue from the judge or from the county may be had under the same terms, conditions, and procedure applicable to changes of venue from the judge or the county in circuit courts.

(b) If a cause is received by the clerk of the Hancock circuit court on change of venue from another county, the cause may be docketed in either the Hancock circuit court, Hancock superior court No. 1, or Hancock superior court No. 2, under rules adopted by the judges of the Hancock circuit court, Hancock superior court No. 1, and Hancock superior court No. 2, unless otherwise provided in the order, report of striking, or entry made in the cause in the county from which the change of venue was taken, in which case it shall be docketed as provided in the entry, report, or order.

[Pre-2004 Recodification Citation: 33-5-23-9.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-10-4 — Indiana Code / Title 33 / Article 38 / Chapter 10 / Section 33-38-10-4
Conduct of trial without jury; powers of judge; records; applicability of rules of civil procedure; appeals
Status: in_force

Sec. 4. (a) A trial conducted by a private judge shall be conducted without a jury.

(b) A person who serves as a private judge has, for each case the private judge hears, the same powers as the judge of a circuit court in relation to:

(1) court procedure;

(2) deciding the outcome of the case;

(3) attendance of witnesses;

(4) punishment of contempts;

(5) enforcement of orders;

(6) administering oaths; and

(7) giving all necessary certificates for the authentication of the records and proceedings.

(c) All proceedings in an action heard by a private judge are of record and must be:

(1) filed with the clerk of the circuit court in the county of proper venue under the Indiana Rules of Trial Procedure; and

(2) made available to the public in the same manner as circuit court records.

(d) The Indiana Rules of Trial Procedure apply for all actions brought before a private judge. An appeal from an action or a judgment of a private judge may be taken in the same manner as an appeal from the circuit court of the county where the case is filed.

[Pre-2004 Recodification Citation: 33-13-15-4.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-31-2-1 — Indiana Code / Title 33 / Article 31 / Chapter 2 / Section 33-31-2-1
Application
Status: in_force

Sec. 1. This chapter applies to each probate court that has a standard small claims and misdemeanor division.

As added by P.L.201-2011, SEC.30.
Ind. Code § 33-37-4-10 — Indiana Code / Title 33 / Article 37 / Chapter 4 / Section 33-37-4-10
Fee bills; issuance; collection; lien
Status: in_force

Sec. 10. (a) Not later than seventy-five (75) days after judgment is entered in an action, the clerk shall issue an itemized fee bill for the collection of fees that were charged against the party in that action and that remain unpaid. The clerk shall present the fee bill for collection to the sheriff of a county in which the debtor party resides or in which the debtor party has property.

(b) The sheriff shall do the following:

(1) Collect the amount due under the fee bill.

(2) Return the fee bill to the clerk not more than sixty (60) days after the day the fee bill was issued.

(c) After presented to the sheriff, a fee bill has the effect of an execution and operates as a lien upon the real and personal property of the debtor.

(d) A successor of an officer may issue fee bills for the fees of the officer's predecessors in office in the manner provided under this chapter. A clerk may issue the fee bills of the sheriff or the former sheriffs of the county in the same manner.

[Pre-2004 Recodification Citation: 33-19-1-8.]

As added by P.L.98-2004, SEC.16.
Ind. Code § 33-32-3-8 — Indiana Code / Title 33 / Article 32 / Chapter 3 / Section 33-32-3-8
Delivery of records, books, and papers to successor
Status: in_force

Sec. 8. At the end of the clerk's term, the clerk shall deliver to the clerk's successor all the records, books, and papers belonging to the clerk's office.

[Pre-2004 Recodification Citation: 33-17-2-11.]

As added by P.L.98-2004, SEC.11.
Ind. Code § 33-26-4-2 — Indiana Code / Title 33 / Article 26 / Chapter 4 / Section 33-26-4-2
Employees; clerk
Status: in_force

Sec. 2. (a) The tax court may employ:

(1) a bailiff;

(2) a clerk;

(3) a reporter;

(4) a clerical assistant; or

(5) any other personnel that the court needs to perform its duties.

(b) The clerk of the supreme court shall serve as the clerk of the tax court.

[Pre-2004 Recodification Citation: 33-3-5-10.]

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-33-26-2 — Indiana Code / Title 33 / Article 33 / Chapter 26 / Section 33-33-26-2
Establishment of standard superior court
Status: in_force

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

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

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

[Pre-2004 Recodification Citation: 33-5-18.3-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-3-8 — Indiana Code / Title 33 / Article 33 / Chapter 3 / Section 33-33-3-8
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-8-9.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-6-6 — Indiana Code / Title 33 / Article 33 / Chapter 6 / Section 33-33-6-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-9-14.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-33-44-1 — Indiana Code / Title 33 / Article 33 / Chapter 44 / Section 33-33-44-1
Judicial circuit
Status: in_force

Sec. 1. LaGrange County constitutes the thirty-fifth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-44.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-44-5-6 — Indiana Code / Title 33 / Article 44 / Chapter 5 / Section 33-44-5-6
Qualified funds; determination by attorney
Status: in_force

Sec. 6. An attorney subject to this article shall determine if money received from a client or beneficial owner constitutes qualified funds.

[Pre-2004 Recodification Citation: 33-20-5-6.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-34-15 — Indiana Code / Title 33 / Article 33 / Chapter 34 / Section 33-33-34-15
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-20.1-21.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.237-2005, SEC.25.
Ind. Code § 33-33-79.4-1 — Indiana Code / Title 33 / Article 33 / Chapter 79.4 / Section 33-33-79.4-1
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 § 33-33-45-3 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-3
Establishment of superior court
Status: in_force

Sec. 3. There is established a superior court in Lake County (referred to as "the court" in this chapter).

[Pre-2004 Recodification Citation: 33-5-29.5-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-9.5-7 — Indiana Code / Title 33 / Article 38 / Chapter 9.5 / Section 33-38-9.5-7
Expired
Status: repealed

As added by P.L.84-2022, SEC.4. Expired 1-1-2023 by P.L.84-2022, SEC.4.
Ind. Code § 33-24-6-9 — Indiana Code / Title 33 / Article 24 / Chapter 6 / Section 33-24-6-9
Appointment of administrative or clerical personnel
Status: in_force

Sec. 9. The authority of the courts to appoint administrative or clerical personnel is not limited by this chapter.

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

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-33-22-1 — Indiana Code / Title 33 / Article 33 / Chapter 22 / Section 33-33-22-1
Judicial circuit; magistrate
Status: in_force

Sec. 1. (a) Floyd County constitutes the fifty-second judicial circuit.

(b) The judges of the Floyd circuit court and Floyd 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 Floyd circuit and superior courts.

[Pre-2004 Recodification Citations: 33-4-1-22; 33-5-18.1-15.]

As added by P.L.98-2004, SEC.12. Amended by P.L.234-2007, SEC.217; P.L.82-2010, SEC.1.
Ind. Code § 33-38-5-8.1 — Indiana Code / Title 33 / Article 38 / Chapter 5 / Section 33-38-5-8.1
Salary increases for judges and justices in certain state fiscal years
Status: in_force

Sec. 8.1. (a) Except as otherwise provided in this section, the part of the total salary of an official:

(1) paid by the state; and

(2) set under section 6 or 8 of this chapter;

is increased in each state fiscal year in which the general assembly does not amend the section of law under which the salary is determined to provide a salary increase for the state fiscal year.

(b) The percentage by which salaries are increased in a state fiscal year under this section is equal to the statewide average percentage, as determined by the budget director, by which the salaries of state employees in the executive branch who are in the same or a similar salary bracket exceed, for the state fiscal year, the salaries of executive branch state employees in the same or a similar salary bracket that were in effect on July 1 of the immediately preceding state fiscal year.

(c) The amount of a salary increase under this section is equal to the amount determined by applying the percentage increase for the particular state fiscal year to the salary payable by the state, as previously adjusted under this section, that is in effect on June 30 of the immediately preceding state fiscal year. However, a salary increase that would otherwise occur under this section in the state fiscal year beginning July 1, 2011, or in the state fiscal year beginning July 1, 2012, shall not occur unless the increase for that state fiscal year is approved by the chief justice of the supreme court.

(d) An official is not entitled to receive a salary increase under this section in a state fiscal year in which state employees described in subsection (b) do not receive a statewide average salary increase.

(e) If a salary increase is required under this section, the budget director shall augment judicial appropriations, including the line items for personal services for the supreme court, local judges' salaries, and prosecuting attorneys' salaries, in the state biennial budget in an amount sufficient to pay for the salary increase from the sources of funds determined by the budget director.

As added by P.L.159-2005, SEC.3. Amended by P.L.229-2011, SEC.265; P.L.148-2024, SEC.19.
Ind. Code § 33-33-37-7 — Indiana Code / Title 33 / Article 33 / Chapter 37 / Section 33-33-37-7
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-25.5-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-45-6 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-6
Juvenile court jurisdiction
Status: in_force

Sec. 6. Notwithstanding IC 31-30-1-2, the juvenile court has exclusive jurisdiction over a child who:

(1) has been taken into custody in the county; and

(2) has allegedly committed an act that would be a misdemeanor traffic offense if committed by an adult.

[Pre-2004 Recodification Citation: 33-5-29.5-4.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.59.
Ind. Code § 33-29-2-5 — Indiana Code / Title 33 / Article 29 / Chapter 2 / Section 33-29-2-5
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 cause.

(c) If, at the trial of the cause, 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 sole 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: 33-5-2-5.]

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-42-17-9 — Indiana Code / Title 33 / Article 42 / Chapter 17 / Section 33-42-17-9
Remote notary public fees
Status: in_force

Sec. 9. (a) A remote notary public may charge a fee of not more than twenty-five dollars ($25) for each remote notarial act.

(b) A remote notary public may charge a reasonable fee to recover expenses related to the copying of:

(1) electronic journal entries; or

(2) audiovisual recording of remote notarial acts.

As added by P.L.59-2018, SEC.64. Amended by P.L.177-2019, SEC.33.
Ind. Code § 33-33-42-7 — Indiana Code / Title 33 / Article 33 / Chapter 42 / Section 33-33-42-7
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-26-6.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-10-7 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-7
Sessions; operation and maintenance
Status: in_force

Sec. 7. (a) Each division of the circuit court of Clark County shall hold its sessions at the courthouse of the county, or at other convenient places as the circuit court designates in the county. The county commissioners shall provide suitable quarters for each division of the circuit court and each magistrate appointed by the circuit court.

(b) Each year the Clark County fiscal body shall budget the necessary funds to provide for the operation and maintenance of the:

(1) circuit court, including magistrates appointed by the circuit court; and

(2) office of the clerk of the circuit court.

[Pre-2004 Recodification Citation: 33-5-10-7.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.36.
Ind. Code § 33-33-71-36 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-36
Nominations for vacancies in superior court; meetings of commission
Status: in_force

Sec. 36. (a) When a vacancy occurs in the St. Joseph superior court, the clerk of the court shall promptly notify the chairperson of the commission of the vacancy. The chairperson shall call a meeting of the commission within ten (10) days following this notice. The commission shall submit its nominations of five (5) candidates for each vacancy and certify them to the governor as promptly as possible, and not later than sixty (60) days after the vacancy occurs. When it is known that a vacancy will occur at a definite future date within the term of the serving governor, but the vacancy has not yet occurred, the clerk shall notify the commission immediately. The commission may within fifty (50) days of the notice of vacancy make its nominations and submit to the governor the names of five (5) persons nominated for the forthcoming vacancy.

(b) Meetings of the commission shall be called by the chairperson or, if the chairperson fails to call a necessary meeting, upon the call of any four (4) members of the commission. The chairperson, whenever the chairperson considers a meeting necessary, or upon the request by any four (4) members of the commission for a meeting, shall give each member of the commission at least five (5) days written notice by mail of the time and place of every meeting unless the commission at its previous meeting designated the time and place of its next meeting.

(c) Meetings of the commission must be held at a place in:

(1) the St. Joseph County courthouse; or

(2) another building owned or operated by St. Joseph County;

in South Bend as the clerk of the St. Joseph superior court may arrange.

(d) The commission shall act only at a meeting and may act only by the concurrence of a majority of its members. Four (4) voting members are required to constitute a quorum at a meeting. The commission may adopt reasonable and proper rules and regulations for the conduct of its proceedings and the discharge of its duties.

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

As added by P.L.98-2004, SEC.12. Amended by P.L.173-2015, SEC.12; P.L.204-2021, SEC.18.
Ind. Code § 33-24-8-4 — Indiana Code / Title 33 / Article 24 / Chapter 8 / Section 33-24-8-4
Fees charged and collected; contracts; exceptions
Status: in_force

Sec. 4. (a) The clerk of the supreme court shall charge the following fees:

(1) For making record and certificate of admission of attorneys to practice before the supreme court, a fee of two dollars ($2).

(2) For making and furnishing to any person, firm, limited liability company, or corporation unauthenticated copies of the opinions of the supreme court and the court of appeals for the purpose of publication by the person, firm, limited liability company, or corporation obtaining the copies, if a contract has been made by the clerk with the person, firm, limited liability company, or corporation to furnish the copies for at least one (1) year, a fee of two thousand eight hundred twenty-five dollars ($2,825) per year, to be paid quarterly in advance.

(b) The clerk of the supreme court may make a contract described in subsection (a).

(c) This section does not prohibit proprietors of newspapers from copying opinions of the supreme court and the court of appeals or from making abstracts of these opinions for publication in the newspapers.

(d) For all other unauthenticated copies of the opinions of the supreme court and the court of appeals furnished by the clerk of the supreme court to any person, firm, limited liability company, or corporation, the clerk shall charge one dollar ($1) per page.

(e) The fees and amounts charged under this section shall be deposited by the clerk of the supreme court into the state general fund in the manner and at the time provided for the making of the quarterly reports of other collected fees due the state.

[Pre-2004 Recodification Citation: 33-15-5-3.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-23-16-14.5 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-14.5
Termination of participation
Status: in_force

Sec. 14.5. (a) A problem solving court may terminate an individual's participation in a problem solving court program if the individual has violated at least one (1) of the conditions of the individual's:

(1) participation agreement; or

(2) case management plan.

(b) If it is alleged that an individual has violated at least one (1) condition of a problem solving court program, the problem solving court may:

(1) remand the individual into custody;

(2) order a summons to be issued to the individual to appear; or

(3) order a warrant for the individual's arrest if there is a risk that the individual may:

(A) flee the jurisdiction; or

(B) cause harm to the individual or another individual.

(c) The problem solving court judge or other hearing officer shall conduct a hearing concerning an alleged violation of a condition of a problem solving court program as follows:

(1) The state must prove the violation by a preponderance of the evidence.

(2) The evidence must be presented in open court.

(3) The individual who is alleged to have committed the violation is entitled to:

(A) receive written notice of the alleged violation;

(B) obtain the disclosure of evidence against the individual;

(C) confront and cross-examine witnesses; and

(D) be represented by counsel.

(d) An individual participating in a problem solving court program may not be terminated from the problem solving court program for failure to pay a:

(1) problem solving court program service fee; or

(2) chemical testing fee;

assessed against the individual by the problem solving court unless the individual recklessly fails or willfully refuses to pay the assessed fee.

(e) Except as provided in sections 14 and 15 of this chapter, if the problem solving court judge or hearing officer finds that an individual participating in a problem solving court program has violated a condition of the program, the problem solving court judge or hearing officer may:

(1) continue the individual's participation in the problem solving court program with or without modifying or expanding the individual's conditions for participating in the problem solving court program; or

(2) terminate the individual's participation in the problem solving court program.

As added by P.L.187-2011, SEC.5.
Ind. Code § 33-24-6-7 — Indiana Code / Title 33 / Article 24 / Chapter 6 / Section 33-24-6-7
Distribution and title of reports
Status: in_force

Sec. 7. The reports required by section 3(a)(3) of this chapter shall be:

(1) directed to:

(A) the commission on judicial qualifications;

(B) the chief justice;

(C) the clerk of the supreme court; and

(D) the legislative council;

(2) accessible to the judicial officers of the various courts and to the general public; and

(3) titled "The Indiana Judicial Report".

Reports to the legislative council under subdivision (1)(D) must be in an electronic format under IC 5-14-6.

[Pre-2004 Recodification Citation: 33-2.1-7-5.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-33-0.5-1 — Indiana Code / Title 33 / Article 33 / Chapter 0.5 / Section 33-33-0.5-1
Application
Status: in_force

Sec. 1. This chapter applies when a circuit or superior court is abolished under this article.

As added by P.L.224-2025, SEC.2.
Ind. Code § 33-37-2-3 — Indiana Code / Title 33 / Article 37 / Chapter 2 / Section 33-37-2-3
Imposition, suspension, and reduction of costs; indigency hearing; time for payment; default
Status: in_force

Sec. 3. (a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not indigent, the court shall order the person to pay:

(1) the entire amount of the costs at the time sentence is pronounced;

(2) the entire amount of the costs at some later date;

(3) specified parts of the costs at designated intervals; or

(4) the entire amount of the costs at some later date, less any amount credited under subsections (g) through (i) for the performance of:

(A) allowable community service work ordered by the court as part of the person's sentence or as part of the person's probation; or

(B) uncompensated volunteer work approved by the court at a nonprofit or municipal corporation that benefits the community, even if the volunteer work is not ordered by the court.

(b) A court may impose costs and suspend payment of all or part of the costs until the convicted person has completed all or part of the sentence. If the court suspends payment of the costs, the court shall conduct a hearing at the time the costs are due to determine whether the convicted person is indigent. If the convicted person is not indigent, the court shall order the convicted person to pay the costs:

(1) at the time the costs are due; or

(2) in a manner set forth in subsection (a)(2) through (a)(4).

(c) If a court suspends payment of costs under subsection (b), the court retains jurisdiction over the convicted person until the convicted person has paid the entire amount of the costs.

(d) Upon any default in the payment of the costs:

(1) an attorney representing the county may bring an action on a debt for the unpaid amount;

(2) the court may direct that the person, if the person is not indigent, be committed to the county jail and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or

(3) the court may institute contempt proceedings to enforce the court's order for payment of the costs.

(e) If, after a hearing under subsection (a) or (b), the court determines that a convicted person is able to pay part of the costs of representation, the court shall order the person to pay an amount of not more than the cost of the defense services rendered on behalf of the person. The clerk shall deposit the amount paid by a convicted person under this subsection in the county's supplemental public defender services fund established under IC 33-40-3-1.

(f) A person ordered to pay part of the cost of representation under subsection (e) has the same rights and protections as those of other judgment debtors under the Constitution of the State of Indiana and Indiana law.

(g) Subject to subsection (h), a court may reduce some or all of the costs owed by a person who:

(1) has satisfactorily performed court ordered community service work ordered as part of the person's:

(A) sentence; or

(B) probation; or

(2) regularly performed uncompensated volunteer work approved by the court at a nonprofit or municipal corporation that benefits the community, even if the volunteer work is not ordered by the court.

(h) If the person is sentenced pursuant to a plea agreement that requires the person to perform:

(1) a specific number of hours of community service work; or

(2) at least a specific number of hours of community service work;

for purposes of subsections (g) and (i), the court may consider only those hours of community service work that exceed the minimum requirements of the plea agreement, if any.

(i) The maximum reduction under subsection (g) shall be determined as follows:

STEP ONE: Determine the number of hours of community service work satisfactorily performed by the person that exceeds the minimum requirements under subsection (h), if applicable, and the number of hours of court approved uncompensated volunteer work regularly performed by the person.

STEP TWO: Multiply the number determined in STEP ONE by the amount of the Indiana minimum wage established under IC 22-2-2.

STEP THREE: Subtract the product determined under STEP TWO from the costs owed by the person.

A person's costs may not be reduced below zero (0).

(j) For purposes of subsections (g) and (i), work is "regularly performed" if all of the following requirements are met:

(1) The person works for at least twenty (20) hours in a sixty (60) day period.

(2) The person works at least two (2) hours per week.

[Pre-2004 Recodification Citation: 33-19-2-3.]

As added by P.L.98-2004, SEC.16. Amended by P.L.156-2007, SEC.2; P.L.77-2019, SEC.1.
Ind. Code § 33-33-85-4 — Indiana Code / Title 33 / Article 33 / Chapter 85 / Section 33-33-85-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-45.1-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-27-2-2 — Indiana Code / Title 33 / Article 27 / Chapter 2 / Section 33-27-2-2
Attorney commissioners; electors and elections; residency; term; vacancy
Status: in_force

Sec. 2. (a) For purposes of electing attorney members to the judicial nominating commission, the state shall be divided into three (3) districts, corresponding to the First District, the Second District, and the Third District of the court of appeals.

(b) The qualified electors consist of the individuals who are registered with the clerk of the supreme court as attorneys in good standing under the requirements of the supreme court.

(c) The electors of each district shall elect one (1) resident of their district who is admitted to the practice of law in Indiana to the judicial nominating commission. The term of office of each elected member is three (3) years, beginning on the first day of January following the election. During the month before the expiration of an elected member's term of office, an election shall be held to fill the succeeding three (3) year term of office. Attorney commissioners on the commission must reside for the term of their office in the district from which they were elected. An attorney commissioner is considered to have resigned the position if the residency of the attorney commissioner changes from the court of appeals district for which the attorney commissioner was elected.

(d) Except when a term of office has less than ninety (90) days remaining, vacancies in the office of an attorney commissioner to the judicial nominating commission shall be filled for the unexpired term of the member creating the vacancy by a special election. An attorney commissioner who is elected to fill an unexpired term shall commence the attorney commissioner's duties immediately upon the certification of the new attorney commissioner's election to the secretary of state.

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

As added by P.L.98-2004, SEC.6.
Ind. Code § 33-33-84-1 — Indiana Code / Title 33 / Article 33 / Chapter 84 / Section 33-33-84-1
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 § 33-34-8-2 — Indiana Code / Title 33 / Article 34 / Chapter 8 / Section 33-34-8-2
Transcripts
Status: in_force

Sec. 2. The person who is designated by a judge to prepare transcripts may collect a fee of not more than five dollars ($5) for each transcript from a person who requests the preparation of a transcript.

[Pre-2004 Recodification Citation: 33-15-25-2.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-41-2-11 — Indiana Code / Title 33 / Article 41 / Chapter 2 / Section 33-41-2-11
Court reporter annual salary; additional increments to minimum salary
Status: in_force

Sec. 11. The annual salary of each court reporter shall be fixed as provided in this chapter according to the county or counties in which the court reporter holds office. A county or counties may add additional increments to the minimum annual salary according to the usual budget procedures. The salaries shall be paid in equal monthly installments.

[Pre-2004 Recodification Citation: 33-15-26-6.]

As added by P.L.98-2004, SEC.20.
Ind. Code § 33-33-10-2.7 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-2.7
Circuit court judges; jurisdiction; dockets
Status: in_force

Sec. 2.7. (a) This section applies beginning January 1, 2025.

(b) The Clark circuit court is a court of general jurisdiction with six (6) judges.

(c) The court shall have six (6) divisions, known as Clark circuit court No. 1, No. 2, No. 3, No. 4, No. 5, and No. 6.

(d) Clark County constitutes the judicial district of the court and each of the court's divisions.

(e) The court shall maintain the following dockets:

(1) A small claims and misdemeanor division under IC 33-28-3 that has a:

(A) small claims docket; and

(B) minor offenses and violations docket.

(2) Criminal.

(3) Juvenile.

(4) Civil.

(5) Probate.

(f) The assignment of judges of the circuit court to the dockets specified in subsection (e) must be by rule of the circuit court.

As added by P.L.138-2020, SEC.4.
Ind. Code § 33-33-10-14 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-14
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-10-22.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-23-16-12 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-12
Jurisdiction and eligibility requirements for problem solving courts
Status: in_force

Sec. 12. (a) A problem solving court and accompanying services of the problem solving court are available only to individuals over whom the court that established the problem solving court has jurisdiction.

(b) A problem solving court with criminal jurisdiction that does not have felony jurisdiction may assume jurisdiction over an individual convicted of a felony from another court within the county if the problem solving court returns the case to the referring court for additional proceedings when:

(1) the individual has successfully completed the problem solving court's program; or

(2) the individual's participation in the problem solving court program is terminated by the problem solving court.

(c) In accordance with the rules adopted by the board, a problem solving court that is a veteran's court may assume jurisdiction over a veteran who:

(1) meets all the eligibility requirements in section 13 of this chapter; and

(2) is referred to the problem solving court by a court in another jurisdiction.

(d) The board shall adopt rules prescribing minimum eligibility criteria for an individual to participate in a problem solving court program.

As added by P.L.108-2010, SEC.4. Amended by P.L.213-2015, SEC.255.
Ind. Code § 33-33-84-13 — Indiana Code / Title 33 / Article 33 / Chapter 84 / Section 33-33-84-13
Court reporter, bailiff, and secretary
Status: in_force

Sec. 13. Each judge of the superior court shall appoint a court reporter, a bailiff, and a secretary for the court whose salaries shall be fixed by the court and paid as provided by law, and who serve at the pleasure of the judge making the appointment.

[Pre-2004 Recodification Citation: 33-5-44.1-16.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-49-10 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-10
Court of record; force and effect of judgments, decrees, and orders
Status: in_force

Sec. 10. The court is a court of record. The court's judgments, decrees, orders, and proceedings have the same effect and shall be enforced in the same manner as those of the circuit court.

[Pre-2004 Recodification Citation: 33-5.1-2-5.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-13-29 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-29
Petition for modification or rejection of commission's recommendation
Status: in_force

Sec. 29. (a) Not more than thirty (30) days after a certified copy of the commission's recommendation is filed with the clerk of the supreme court, a justice or judge may petition the supreme court to modify or reject the commission's recommendation.

(b) The justice or judge shall verify the petition. The petition must be based on the record. The petition must specify the grounds relied on and must be accompanied by the petitioner's brief and proof of service of two (2) copies of the petition and brief on the commission and one (1) copy of the petition and brief on the counsel.

(c) Not more than twenty (20) days after service of the petitioner's brief, the commission shall file a respondent's brief and serve a copy on the justice or judge. Not more than twenty (20) days after service of respondent's brief, the petitioner may file a reply brief and shall serve two (2) copies on the commission and one (1) copy on the counsel.

(d) Failure to timely file a petition is considered consent to the determination on the merits based upon the record filed by the commission.

(e) To the extent necessary and not inconsistent with this section, the Indiana Rules of Appellate Procedure apply to reviews by the supreme court of commission proceedings.

[Pre-2004 Recodification Citation: 33-2.1-5-22.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-44-3-1 — Indiana Code / Title 33 / Article 44 / Chapter 3 / Section 33-44-3-1
Definitions; application
Status: in_force

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

[Pre-2004 Recodification Citation: 33-20-3-1.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-38-6.9-1 — Indiana Code / Title 33 / Article 38 / Chapter 6.9 / Section 33-38-6.9-1
"Board"
Status: in_force

Sec. 1. As used in this chapter, "board" refers to the board of trustees of the Indiana public retirement system.

As added by P.L.220-2011, SEC.541. Amended by P.L.35-2012, SEC.104.
Ind. Code § 33-41-2-12 — Indiana Code / Title 33 / Article 41 / Chapter 2 / Section 33-41-2-12
Classes of salary for court reporters
Status: in_force

Sec. 12. The annual salary of each court reporter shall be:

Class 1

$7,000

Class 2

$6,800

Class 3

$6,500

Class 4

$6,000

Class 5

$5,500

Class 6

$5,200

Class 7

$5,000

Class 8

$4,800

Class 9

$4,500

[Pre-2004 Recodification Citation: 33-15-26-7.]

As added by P.L.98-2004, SEC.20.
Ind. Code § 33-32-2-2 — Indiana Code / Title 33 / Article 32 / Chapter 2 / Section 33-32-2-2
Election; term
Status: in_force

Sec. 2. A clerk of the circuit court shall be elected under IC 3-10-2-13 by the voters of each county. The term of office of a clerk is four (4) years, continuing until a successor is elected and qualified.

[Pre-2004 Recodification Citation: 33-17-1-2.]

As added by P.L.98-2004, SEC.11.
Ind. Code § 33-37-5-19.5 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-19.5
Jury fee
Status: in_force

Sec. 19.5. (a) The clerk shall collect a jury fee of seventy-five dollars ($75) from a party filing:

(1) a civil tort action; or

(2) a civil plenary action.

(b) The fee collected under this section shall be deposited into the county user fee fund established by IC 33-37-8-5.

As added by P.L.237-2023, SEC.3.
Ind. Code § 33-23-1-7 — Indiana Code / Title 33 / Article 23 / Chapter 1 / Section 33-23-1-7
Judicial nominating commission
Status: in_force

Sec. 7. "Judicial nominating commission", except as used in IC 33-33-2, IC 33-33-45, and IC 33-33-71, means the commission 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.2.
Ind. Code § 33-24-7-3 — Indiana Code / Title 33 / Article 24 / Chapter 7 / Section 33-24-7-3
Index of supreme court records
Status: in_force

Sec. 3. (a) The clerk of the supreme court shall prepare for public use, under the direction of the supreme court, a systematic index to the court's records and papers on file in the clerk's office. The index must include the following:

(1) The title and number of every cause appealed to the supreme court.

(2) The county and court from which appealed.

(3) The date of filing the appeal in the clerk's office.

(4) The date of every decision and how decided.

(5) The number of the box or drawer in which the papers in every case can readily be found.

The clerk shall also properly clean, arrange, and securely tie the papers in each cause and place them in boxes and drawers when they are provided by the proper authorities for that purpose.

(b) The clerk of the supreme court shall also index other papers and records on file in the clerk's office as may be directed by the supreme court.

[Pre-2004 Recodification Citation: 33-15-4-1.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-33-39-5 — Indiana Code / Title 33 / Article 33 / Chapter 39 / Section 33-33-39-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-25.8-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-38-6-19.5 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-19.5
Benefits exempted from legal process; reimbursement of employers; withholding payments while charges of criminal taking from employer pending
Status: reserved

Sec. 19.5. (a) All assets in the fund are exempt from levy, sale, garnishment, attachment, or other legal process. However, the participant's contributions or benefits, or both, may be transferred to reimburse the participant's employer for loss resulting from the participant's criminal taking of the employer's property by the board if the board receives adequate proof of the loss. The loss resulting from the participant's criminal taking of the participant's employer's property must be proven by an order for restitution in favor of the employer issued by the sentencing court following a felony or misdemeanor conviction.

(b) The board may withhold payment of a participant's contributions and interest if the employer of the participant notifies the board that felony or misdemeanor charges accusing the participant of the criminal taking of the employer's property have been filed.

(c) The board may withhold payment of a participant's contributions and interest under subsection (b) until the final resolution of the criminal charges.

(d) Subsections (b) and (c) do not apply to the:

(1) retirement benefit of a retired participant; or

(2) disability benefit of a participant who becomes permanently disabled.

As added by P.L.27-2019, SEC.20. Amended by P.L.203-2019, SEC.4.
Ind. Code § 33-24-6-8 — Indiana Code / Title 33 / Article 24 / Chapter 6 / Section 33-24-6-8
Enforcement of chapter by rules of supreme court
Status: in_force

Sec. 8. The supreme court shall provide by rule of the court for the enforcement of this chapter.

[Pre-2004 Recodification Citation: 33-2.1-7-6.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-33-71-17 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-17
Court reporter
Status: in_force

Sec. 17. Each judge of the superior court shall appoint a court reporter whose duties, salary, and term shall be regulated in the same manner as the court reporter of circuit court.

[Pre-2004 Recodification Citation: 33-5-40-16.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-42-0.5-4 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-4
"Assurance"
Status: in_force

Sec. 4. "Assurance" means a surety bond or the functional equivalent of a surety bond that covers a notary public's acts or omissions during the course of the notary public's commission.

As added by P.L.59-2018, SEC.11.
Ind. Code § 33-28-5-6 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-4-11-6.]

As added by P.L.98-2004, SEC.7. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-37-5-14 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-14
Highway worksite fee
Status: in_force

Sec. 14. (a) This section applies to criminal, infraction, and ordinance violation actions that are traffic offenses (as defined in IC 9-13-2-183).

(b) The clerk shall collect a highway worksite fee of fifty cents ($0.50). However, the clerk shall collect a highway worksite fee of twenty-five dollars and fifty cents ($25.50) if:

(1) the criminal action, infraction, or ordinance violation is:

(A) exceeding a worksite speed limit (as provided in IC 9-21-5-2 and authorized by IC 9-21-5-3); or

(B) failure to merge (as provided in IC 9-21-8-7.5); and

(2) the judge orders the clerk to collect the fee for exceeding a worksite speed limit or failure to merge.

[Pre-2004 Recodification Citation: 33-19-6-14.]

As added by P.L.98-2004, SEC.16. Amended by P.L.85-2013, SEC.114; P.L.120-2023, SEC.8.
Ind. Code § 33-28-3-7 — Indiana Code / Title 33 / Article 28 / Chapter 3 / Section 33-28-3-7
Waiver of trial by jury; demand for jury trial; transfer to plenary docket
Status: in_force

Sec. 7. (a) The filing of a claim on the small claims docket is considered a waiver of trial by jury.

(b) The defendant may, not later than ten (10) days following service of the complaint in a small claims case, demand a trial by jury by filing an affidavit that:

(1) states that there are questions of fact requiring a trial by jury;

(2) specifies those questions of fact; and

(3) states that the demand is in good faith.

(c) Notice of the defendant's right to a jury trial, and the ten (10) day period in which to file for a jury trial, must be clearly stated on the notice of claim or on an additional sheet to be served with the notice of claim on the defendant.

(d) Upon the deposit of seventy dollars ($70) in the small claims docket by the defendant, the court shall transfer the claim to the plenary docket. Upon transfer, the claim then loses its status as a small claim.

[Pre-2004 Recodification Citation: 33-4-3-10.]

As added by P.L.98-2004, SEC.7.
Ind. Code § 33-33-90-4 — Indiana Code / Title 33 / Article 33 / Chapter 90 / Section 33-33-90-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-48.5-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-42-17-4 — Indiana Code / Title 33 / Article 42 / Chapter 17 / Section 33-42-17-4
Principal appearance
Status: in_force

Sec. 4. (a) If a remote notarial act relates to a statement made in or a signature executed on a record, the principal shall appear before the remote notary public:

(1) physically; or

(2) by means of audiovisual communication described in section 6 of this chapter.

(b) Any appearance described in subsection (a)(2) is considered to be an in person appearance for purposes of this chapter.

As added by P.L.59-2018, SEC.64.
Ind. Code § 33-33-27.3-9 — Indiana Code / Title 33 / Article 33 / Chapter 27.3 / Section 33-33-27.3-9
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-19.3-8.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-42-6-1 — Indiana Code / Title 33 / Article 42 / Chapter 6 / Section 33-42-6-1
Federal land bank association managers, officers, and employees as notary public
Status: in_force

Sec. 1. The manager, officers, and employees of a federal land bank association located in Indiana may become and act as a notary public in the business of the association to take acknowledgments of deeds and real estate mortgages and to take and certify affidavits.

[Pre-2004 Recodification Citation: 33-16-5-1.]

As added by P.L.98-2004, SEC.21. Amended by P.L.2-2005, SEC.112.
Ind. Code § 33-33-71-12 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-12
Powers of judges same as circuit judges
Status: in_force

Sec. 12. The judges of the superior court may:

(1) grant restraining orders and injunctions;

(2) issue writs of habeas corpus and of mandate and prohibition;

(3) appoint receivers, masters, and commissioners to convey real property;

(4) grant commissions for the examination of witnesses; and

(5) appoint other officers necessary to facilitate and transact the business of the court;

the same as circuit courts or circuit court judges.

[Pre-2004 Recodification Citation: 33-5-40-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-23-5-4 — Indiana Code / Title 33 / Article 23 / Chapter 5 / Section 33-23-5-4
Confidentiality of applicant files
Status: in_force

Sec. 4. The files of applicants for appointment as a magistrate, including the names of applicants, are confidential as provided in IC 5-14-3-4(b)(8).

[Pre-2004 Recodification Citation: 33-4-7-3.5.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-42-0.5-11 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-11
"Electronic notarial certificate"
Status: in_force

Sec. 11. "Electronic notarial certificate" means the part of or attachment to an electronic record that:

(1) is completed by a notarial officer;

(2) bears the notarial officer's:

(A) electronic signature; and

(B) electronic seal; and

(3) states the facts attested to by the notarial officer in a notarial act.

As added by P.L.59-2018, SEC.18.
Ind. Code § 33-33-46-1 — Indiana Code / Title 33 / Article 33 / Chapter 46 / Section 33-33-46-1
Judicial circuit; magistrate
Status: in_force

Sec. 1. (a) LaPorte County constitutes the thirty-second judicial circuit.

(b) The judges of the LaPorte circuit court and LaPorte superior court No. 4 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 LaPorte circuit court and LaPorte superior court No. 4.

[Pre-2004 Recodification Citations: 33-4-1-46; 33-5-31.1-12.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-87-8 — Indiana Code / Title 33 / Article 33 / Chapter 87 / Section 33-33-87-8
Sitting of judges
Status: in_force

Sec. 8. (a) The judge of the Warrick circuit court may, with a superior court's permission, sit and act as a judge of the superior court in all matters before the court, without limitation and without any further order in the same manner and with all the rights and powers as if the judge were an elected judge of the superior court.

(b) The judge of the Warrick superior court No. 1 or Warrick superior court No. 2 may, with the circuit court's permission, sit and to act as a judge of the circuit court in all matters pending before the circuit court, without limitation and without any further order in the same manner and with all the rights and powers as if the judge were the elected judge of the circuit court.

(c) The judge of a superior court may, with the consent of the judge of the other superior court, sit as a judge of the other court in any manner as if elected as the judge of the other court.

[Pre-2004 Recodification Citation: 33-5-45.5-6.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-23-13-1 — Indiana Code / Title 33 / Article 23 / Chapter 13 / Section 33-23-13-1
"Judge" defined
Status: in_force

Sec. 1. As used in this chapter, "judge" has the meaning set forth in IC 33-38-12-3.

[Pre-2004 Recodification Citation: 33-2.1-9-1.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-2-11 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-11
Limits on acceptance of contributions
Status: in_force

Sec. 11. A judge or candidate for judge of the Allen superior court may not:

(1) accept a contribution (as defined in IC 3-5-2.1-27) from any political party, political action committee (as defined in IC 3-5-2.1-78), or regular party committee (as defined in IC 3-5-2.1-89); or

(2) accept more than a total of ten thousand dollars ($10,000) in contributions from all sources to pay expenses connected with the candidate's candidacy.

[Pre-2004 Recodification Citation: 33-5-5.1-29.5.]

As added by P.L.98-2004, SEC.12. Amended by P.L.186-2025, SEC.172.
Ind. Code § 33-33-45-24 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-24
Authority of circuit judge to sit in superior court
Status: in_force

Sec. 24. The judge of the Lake circuit court may sit as a judge of the court, with the court's permission, in the civil division, without limitation and without any further order, in the same manner as if the circuit court judge were a judge of the court with all the rights and powers as if the circuit court judge were a duly appointed judge of the court.

[Pre-2004 Recodification Citation: 33-5-29.5-25.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-32-2-1 — Indiana Code / Title 33 / Article 32 / Chapter 2 / Section 33-32-2-1
Clerks in counties with multiple courts
Status: in_force

Sec. 1. In a county having one (1) or more superior courts or a county, municipal, or probate court, the clerk shall serve as clerk of the superior, county, and probate court as well as clerk of the circuit court.

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

As added by P.L.98-2004, SEC.11.
Ind. Code § 33-33-16-1 — Indiana Code / Title 33 / Article 33 / Chapter 16 / Section 33-33-16-1
Judicial circuit; magistrate
Status: in_force

Sec. 1. (a) Decatur County constitutes the sixty-ninth judicial circuit.

(b) The judge of the Decatur circuit court and the judge of the Decatur superior court 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 judge of the Decatur circuit court and the judge of the Decatur superior court.

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

As added by P.L.98-2004, SEC.12. Amended by P.L.123-2021, SEC.1.
Ind. Code § 33-38-13-6 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-6
"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 § 33-23-1-2 — Indiana Code / Title 33 / Article 23 / Chapter 1 / Section 33-23-1-2
Chairperson
Status: in_force

Sec. 2. "Chairperson" includes an acting chairperson.

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

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-33-11 — Indiana Code / Title 33 / Article 33 / Chapter 33 / Section 33-33-33-11
Presiding judge; duties
Status: in_force

Sec. 11. In accordance with rules adopted by the judges of the Henry circuit court under section 12 of this chapter, the presiding judge shall do the following:

(1) Ensure that the circuit court operates efficiently and judicially.

(2) Annually submit to the fiscal body of Henry County a budget for the court, including amounts necessary for the following:

(A) The operation of the judicial circuit's probation department.

(B) The defense of indigents.

(3) Make the appointments or selections required of a circuit or superior court judge.

As added by P.L.201-2011, SEC.54.
Ind. Code § 33-33-12-3 — Indiana Code / Title 33 / Article 33 / Chapter 12 / Section 33-33-12-3
Judge; location of court sessions
Status: in_force

Sec. 3. The Clinton superior court has one (1) judge who shall hold sessions in the Clinton County courthouse in Frankfort or in other places in the county as the Clinton County executive may provide.

[Pre-2004 Recodification Citation: 33-5-10.3-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-5-20 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-20
Document storage fee
Status: in_force

Sec. 20. (a) This section applies to all civil, criminal, infraction, and ordinance violation actions.

(b) The clerk shall collect a document storage fee of five dollars ($5), after June 30, 2015.

[Pre-2004 Recodification Citation: 33-19-6-18.1.]

As added by P.L.98-2004, SEC.16. Amended by P.L.213-2015, SEC.257; P.L.235-2017, SEC.12; P.L.38-2021, SEC.78.
Ind. Code § 33-37-8-5 — Indiana Code / Title 33 / Article 37 / Chapter 8 / Section 33-37-8-5
County user fee fund
Status: in_force

Sec. 5. (a) A county user fee fund is established in each county to finance various program services. The county fund is administered by the county auditor.

(b) The county fund consists of the following fees collected by a clerk under this article:

(1) The pretrial diversion program fee.

(2) The marijuana eradication program fee.

(3) The alcohol and drug services program fee.

(4) The law enforcement continuing education program fee.

(5) The deferral program fee.

(6) The jury fee.

(7) The problem solving court fee.

(c) All of the jury fee and two dollars ($2) of a deferral program fee collected under IC 33-37-4-2(e) shall be deposited by the county auditor in the jury pay fund established under IC 33-37-11.

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

As added by P.L.98-2004, SEC.16. Amended by P.L.60-2006, SEC.6; P.L.146-2008, SEC.676; P.L.42-2011, SEC.66; P.L.187-2011, SEC.9; P.L.101-2022, SEC.35.
Ind. Code § 33-33-3-4 — Indiana Code / Title 33 / Article 33 / Chapter 3 / Section 33-33-3-4
Judges; location of court sessions
Status: in_force

Sec. 4. Each Bartholomew superior court has one (1) judge who shall hold sessions in the Bartholomew County courthouse in Columbus.

[Pre-2004 Recodification Citation: 33-5-8-4.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-71-34 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-34
Notification
Status: in_force

Sec. 34. After:

(1) the voting members of the commission have been appointed by the governor; and

(2) the names of the voting commissioners appointed by the St. Joseph County board of commissioners have been certified to the secretary of state, clerk of the supreme court, and the clerk of St. Joseph superior court under this chapter;

the clerk of St. Joseph superior court shall by regular mail notify the members of the commission of their election or appointment, and shall notify the chairperson of the commission of the same.

[Pre-2004 Recodification Citation: 33-5-40-38.]

As added by P.L.98-2004, SEC.12. Amended by P.L.204-2021, SEC.16.
Ind. Code § 33-44-2-2 — Indiana Code / Title 33 / Article 44 / Chapter 2 / Section 33-44-2-2
Investment of nonqualified funds; application of article
Status: in_force

Sec. 2. This article does not apply to the investment of nonqualified funds by an attorney:

(1) in any other investment specified by a client or beneficial owner; or

(2) as agreed to by the client, beneficial owner, or attorney.

[Pre-2004 Recodification Citation: 33-20-2-3.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-71-10 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-10
Court of record; force and effect of judgments, decrees, and orders
Status: in_force

Sec. 10. The St. Joseph superior court is a court of record, and its judgments, decrees, orders, and proceedings have the same force and effect and shall be enforced in the same manner as those of the circuit court.

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

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-53-4 — Indiana Code / Title 33 / Article 33 / Chapter 53 / Section 33-33-53-4
Concerted action of judges; majority rule; controlling vote
Status: in_force

Sec. 4. When any action of the entire court is required, including selection of a presiding judge under section 3 of this chapter and adoption of rules under section 6 of this chapter, the judges of the court shall act in concert. If the judges disagree, the decision of the majority of the judges controls. If the judges are evenly divided, the decision joined by the presiding judge controls.

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

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-21-3 — Indiana Code / Title 33 / Article 33 / Chapter 21 / Section 33-33-21-3
Judge; location of court sessions
Status: in_force

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

(1) the Fayette County courthouse in Connersville; or

(2) other places in the county as the Fayette County executive may provide.

[Pre-2004 Recodification Citation: 33-5-17.1-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-27-1-5 — Indiana Code / Title 33 / Article 27 / Chapter 1 / Section 33-27-1-5
"Nonattorney commissioners"
Status: in_force

Sec. 5. "Nonattorney commissioners" means the three (3) individuals not admitted to the practice of law who are appointed to the judicial nominating commission by the governor.

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

As added by P.L.98-2004, SEC.6.
Ind. Code § 33-39-7-24 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-24
Rollover to eligible retirement plan
Status: in_force

Sec. 24. Notwithstanding any other provision of this chapter, to the extent required by Internal Revenue Code Section 401(a)(31), as added by the Unemployment Compensation Amendments of 1992 (P.L.102-318), and any amendments and regulations related to Section 401(a)(31), the fund shall allow participants and qualified beneficiaries to elect a direct rollover of eligible distributions to another eligible retirement plan.

[Pre-2004 Recodification Citation: 33-14-9-22.]

As added by P.L.98-2004, SEC.18.
Ind. Code § 33-33-38-3 — Indiana Code / Title 33 / Article 33 / Chapter 38 / Section 33-33-38-3
Judge; location of court sessions
Status: in_force

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

(1) the Jay County courthouse in Portland; or

(2) other places in the county as the Jay County executive may provide.

[Pre-2004 Recodification Citation: 33-5-25.7-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-32-5 — Indiana Code / Title 33 / Article 33 / Chapter 32 / Section 33-33-32-5
Change of venue
Status: in_force

Sec. 5. (a) Change of venue from the judge or from the county may be had under the same terms, conditions, and procedure applicable to changes of venue from the judge or the county in circuit courts.

(b) If a cause is received by the clerk of the Hendricks circuit court on change of venue from another county, the cause shall be docketed on a rotating basis and assigned alternately to the:

(1) Hendricks circuit court;

(2) Hendricks superior court No. 1;

(3) Hendricks superior court No. 2;

(4) Hendricks superior court No. 3;

(5) Hendricks superior court No. 4; and

(6) Hendricks superior court No. 5;

unless otherwise provided in the order or entry made in the cause in the county from which the change of venue was taken, in which case it shall be docketed as provided in the entry or order.

[Pre-2004 Recodification Citation: 33-5-25-9.]

As added by P.L.98-2004, SEC.12. Amended by P.L.237-2005, SEC.15.
Ind. Code § 33-33-19-1 — Indiana Code / Title 33 / Article 33 / Chapter 19 / Section 33-33-19-1
Judicial circuit
Status: in_force

Sec. 1. Dubois County constitutes the fifty-seventh judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-19.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-44-4-6 — Indiana Code / Title 33 / Article 44 / Chapter 4 / Section 33-44-4-6
Political affiliation of members
Status: in_force

Sec. 6. Not more than four (4) of the members appointed by the chief justice may be members of the same political party.

[Pre-2004 Recodification Citation: 33-20-4-6.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-84-18 — Indiana Code / Title 33 / Article 33 / Chapter 84 / Section 33-33-84-18
Presiding judge
Status: in_force

Sec. 18. The superior court, by rules adopted by the court, may designate one (1) of the judges as presiding judge and fix the time the presiding judge presides. The presiding judge is responsible for the operation and conduct of the court and seeing that the court operates efficiently and judicially.

[Pre-2004 Recodification Citation: 33-5-44.1-24.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-29-2-1 — Indiana Code / Title 33 / Article 29 / Chapter 2 / Section 33-29-2-1
Applicability
Status: in_force

Sec. 1. This chapter applies to each superior court that has a standard small claims and misdemeanor division.

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

As added by P.L.98-2004, SEC.8. Amended by P.L.201-2011, SEC.27.
Ind. Code § 33-23-16-9.5 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-9.5
"Safe baby court"
Status: in_force

Sec. 9.5. As used in this chapter, "safe baby court" means a problem solving court focused on addressing the needs of families who have a child in need of services who is three (3) years of age or younger by surrounding the family with support services to:

(1) reduce:

(A) time to permanency;

(B) incidences of repeat maltreatment; and

(C) the long term and short term effects of traumatic experiences occurring on a child's brain development;

(2) promote:

(A) public safety through the reductions described in subdivision (1); and

(B) effective interaction and the use of resources among both public and private stakeholders; and

(3) increase the personal, familial, and societal accountability of families.

As added by P.L.51-2024, SEC.1.
Ind. Code § 33-32-2-7 — Indiana Code / Title 33 / Article 32 / Chapter 2 / Section 33-32-2-7
Table of fees
Status: in_force

Sec. 7. A clerk shall post in a conspicuous place in the clerk's office a table of the clerk's fees. If a clerk fails to post a table of fees, a clerk may not demand or receive fees for services rendered.

[Pre-2004 Recodification Citation: 33-17-1-6.]

As added by P.L.98-2004, SEC.11.
Ind. Code § 33-33-53-3 — Indiana Code / Title 33 / Article 33 / Chapter 53 / Section 33-33-53-3
Presiding judge
Status: in_force

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

[Pre-2004 Recodification Citation: 33-4-10-3.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-34-11 — Indiana Code / Title 33 / Article 33 / Chapter 34 / Section 33-33-34-11
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-20.1-15.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.237-2005, SEC.25.
Ind. Code § 33-33-48-4 — Indiana Code / Title 33 / Article 33 / Chapter 48 / Section 33-33-48-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-33.1-23.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-38-6-27 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-27
Reference to judges' retirement system
Status: in_force

Sec. 27. A reference to the judges' retirement system under this chapter is considered a reference to the judges' retirement fund under this article.

[Pre-2004 Recodification Citation: 33-4-1-75.3.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-82-12 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-12
Power and authority of judges
Status: in_force

Sec. 12. (a) The judges of the superior court may make and adopt rules and regulations for conducting the business of the court and have the powers incident to a court of record in relation to the attendance of witnesses, the punishment of contempts, and the enforcement of its orders.

(b) The judges may administer oaths, solemnize marriages, take and certify acknowledgment of deeds, and give all necessary certificates for the authentication of the records and proceedings in the court.

[Pre-2004 Recodification Citation: 33-5-43-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-25-4-3 — Indiana Code / Title 33 / Article 25 / Chapter 4 / Section 33-25-4-3
Rooms, furniture, and stationery; supreme court library
Status: in_force

Sec. 3. The commissioner of the Indiana department of administration shall provide rooms for the use of the judges and the court of appeals in Indianapolis. The court of appeals:

(1) may:

(A) provide the necessary furniture and stationery and other things necessary for the transaction of the court's business, at the expense of the state; and

(B) make allowances for the items described in clause (A) to be audited and paid out of the state treasury upon presentation of the order of allowance; and

(2) is entitled to access and use the law library of the supreme court equally with the justices of the supreme court.

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

As added by P.L.98-2004, SEC.4.
Ind. Code § 33-31-2-7 — Indiana Code / Title 33 / Article 31 / Chapter 2 / Section 33-31-2-7
Minor offenses and violations docket; jurisdiction
Status: in_force

Sec. 7. (a) The minor offenses and violations docket has jurisdiction over the following:

(1) All Level 6 felony cases.

(2) All misdemeanor cases.

(3) All infraction cases.

(4) All ordinance violation cases.

(b) The court shall establish a traffic violations bureau in the manner prescribed by IC 34-28-5-7 through IC 34-28-5-9.

As added by P.L.201-2011, SEC.30. Amended by P.L.158-2013, SEC.339.
Ind. Code § 33-29-3-2 — Indiana Code / Title 33 / Article 29 / Chapter 3 / Section 33-29-3-2
Times of service; qualifications
Status: in_force

Sec. 2. (a) A small claims referee shall serve at those times the court requires.

(b) A small claims referee:

(1) must be admitted to the practice of law in Indiana;

(2) is not required to be a resident of the county; and

(3) continues in office until removed by the judge of the court.

[Pre-2004 Recodification Citation: 33-5-2.5-2.]

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-33-28-5 — Indiana Code / Title 33 / Article 33 / Chapter 28 / Section 33-33-28-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-19.5-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-59-5 — Indiana Code / Title 33 / Article 33 / Chapter 59 / Section 33-33-59-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.8-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-58-10 — Indiana Code / Title 33 / Article 33 / Chapter 58 / Section 33-33-58-10
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.7-12.]

As added by P.L.98-2004, SEC.12. Amended by P.L.2-2005, SEC.96. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-44-7-14 — Indiana Code / Title 33 / Article 44 / Chapter 7 / Section 33-44-7-14
Total administrative costs; maximum
Status: in_force

Sec. 14. Total administrative costs, including payments to board members under IC 33-44-4-11 and IC 33-44-4-12, costs for employees under IC 33-44-8, and all other costs of managing and administering the fund and otherwise performing all responsibilities of the board, may not exceed fifteen percent (15%) of the amounts received into the fund from interest bearing attorney trust accounts.

[Pre-2004 Recodification Citation: 33-20-7-14.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-44-7-1 — Indiana Code / Title 33 / Article 44 / Chapter 7 / Section 33-44-7-1
Establishment
Status: in_force

Sec. 1. The Indiana attorney trust account fund is established as a trust fund to be used solely as provided under this article.

[Pre-2004 Recodification Citation: 33-20-7-1.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-89.3-3 — Indiana Code / Title 33 / Article 33 / Chapter 89.3 / Section 33-33-89.3-3
Judge; election
Status: in_force

Sec. 3. (a) The court has one (1) judge, who shall be elected at the general election every six (6) years in Wayne County. The judge's term begins January 1 following the judge's 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:

(1) be a resident of Wayne County;

(2) be admitted to the bar of Indiana; and

(3) have practiced law at least five (5) years.

[Pre-2004 Recodification Citation: 33-5-48-2.]

As added by P.L.98-2004, SEC.12. Amended by P.L.161-2011, SEC.18; P.L.201-2011, SEC.98.
Ind. Code § 33-33-75-2 — Indiana Code / Title 33 / Article 33 / Chapter 75 / Section 33-33-75-2
Magistrate
Status: in_force

Sec. 2. The judge of the Starke circuit court may appoint one (1) full-time magistrate under IC 33-23-5. The magistrate continues in office until removed by the judge.

[Pre-2004 Recodification Citation: 33-4-1-74.3.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-30-6 — Indiana Code / Title 33 / Article 33 / Chapter 30 / Section 33-33-30-6
Transfer of actions and proceedings
Status: in_force

Sec. 6. Notwithstanding the provisions of any statute applying generally to superior or circuit courts, a judge of the:

(1) Hancock circuit court;

(2) Hancock superior court No. 1; or

(3) Hancock superior court No. 2;

may transfer an action or proceeding from the Hancock circuit court or a Hancock superior court to the Hancock circuit court or another Hancock superior court with the consent of the judge of the court that would receive the action or proceeding.

[Pre-2004 Recodification Citation: 33-5-23-8.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-79.2-7 — Indiana Code / Title 33 / Article 33 / Chapter 79.2 / Section 33-33-79.2-7
Judicial powers
Status: in_force

Sec. 7. (a) The judge of superior court No. 2 of Tippecanoe County may make and adopt rules and regulations for conducting the business of superior court No. 2 of Tippecanoe County.

(b) The judge has all powers incident to a court of record in relation to the attendance of witnesses and punishment for contempt and the power to enforce the judge's orders. The judge may:

(1) administer oaths;

(2) solemnize marriages;

(3) take and certify acknowledgments of deeds;

(4) give all necessary certificates for the authentication of records and proceedings of the court; and

(5) make and execute certificates of qualification and moral character of persons petitioning to be commissioned as notaries public.

[Pre-2004 Recodification Citation: 33-5-42-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-34-8-0.2 — Indiana Code / Title 33 / Article 34 / Chapter 8 / Section 33-34-8-0.2
Application of certain amendments to prior law
Status: in_force

Sec. 0.2. The amendments made to IC 33-11.6-4-15 (before its repeal, now codified at section 1 of this chapter) by P.L.141-2002 apply only to small claims actions initiated after June 30, 2002.

As added by P.L.220-2011, SEC.536.
Ind. Code § 33-23-16-8 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-8
"Problem solving court"
Status: in_force

Sec. 8. As used in this chapter, "problem solving court" means a court providing a process for immediate and highly structured judicial intervention for eligible individuals that incorporates the following problem solving concepts:

(1) Enhanced information to improve decision making.

(2) Engaging the community to assist with problem solving.

(3) Collaboration with social service providers and other stakeholders.

(4) Linking participants with community services based on risk and needs.

(5) Participant accountability.

(6) Evaluating the effectiveness of operations continuously.

As added by P.L.108-2010, SEC.4.
Ind. Code § 33-31-1-7 — Indiana Code / Title 33 / Article 31 / Chapter 1 / Section 33-31-1-7
Adjournment of court
Status: in_force

Sec. 7. The judge of the court may adjourn the same on any day previous to the expiration of the time for which it may be held, and also from any one (1) day in the term over to any other day in the same term, if in the opinion of the judge, the business of the court will allow.

[Pre-2004 Recodification Citation: 33-8-2-7.]

As added by P.L.98-2004, SEC.10.
Ind. Code § 33-33-8-1 — Indiana Code / Title 33 / Article 33 / Chapter 8 / Section 33-33-8-1
Judicial circuit
Status: in_force

Sec. 1. Carroll County constitutes the seventy-fourth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-8.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.34.
Ind. Code § 33-37-7-11 — Indiana Code / Title 33 / Article 37 / Chapter 7 / Section 33-37-7-11
Counties with pension trusts; appropriations; claims by sheriff
Status: in_force

Sec. 11. (a) This section applies to a county in which there is established a pension trust under IC 36-8-10-12.

(b) For each service of a writ, an order, a process, a notice, a tax warrant, or other paper completed by the sheriff of a county described in subsection (a), the sheriff shall submit to the county fiscal body a verified claim of service.

(c) From the county share distributed under section 4 of this chapter and deposited into the county general fund, the county fiscal body shall appropriate thirteen dollars ($13) for each verified claim submitted by the sheriff under subsection (b). Amounts appropriated under this subsection shall be deposited by the county auditor into the pension trust established under IC 36-8-10-12.

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

As added by P.L.98-2004, SEC.16. Amended by P.L.1-2006, SEC.512; P.L.174-2006, SEC.19.
Ind. Code § 33-26-6-2 — Indiana Code / Title 33 / Article 26 / Chapter 6 / Section 33-26-6-2
Tax appeal or injunction; injunction pending appeal
Status: in_force

Sec. 2. (a) A taxpayer who wishes to initiate an original tax appeal must file a petition in the tax court to set aside the final determination of the department of state revenue or the Indiana board of tax review. If a taxpayer fails to comply with any statutory requirement for the initiation of an original tax appeal, the tax court does not have jurisdiction to hear the appeal.

(b) A taxpayer who wishes to enjoin the collection of a tax pending the original tax appeal must file a petition with the tax court to enjoin the collection of the tax. The petition must set forth a summary of:

(1) the issues that the petitioner will raise in the original tax appeal; and

(2) the equitable considerations for which the tax court should order the collection of the tax to be enjoined.

(c) After a hearing on the petition filed under subsection (b), the tax court may enjoin the collection of the tax pending the original tax appeal, if the tax court finds that:

(1) the issues raised by the original tax appeal are substantial;

(2) the petitioner has a reasonable opportunity to prevail in the original tax appeal; and

(3) the equitable considerations favoring the enjoining of the collection of the tax outweigh the state's interests in collecting the tax pending the original tax appeal.

(d) This section does not apply to a final determination of the Indiana gaming commission under IC 4-32.3.

(e) This section applies to a final determination made by the department of state revenue concerning the gaming card excise tax established under IC 4-32.3-10.

[Pre-2004 Recodification Citation: 33-3-5-11.]

As added by P.L.98-2004, SEC.5. Amended by P.L.91-2006, SEC.12; P.L.58-2019, SEC.29.
Ind. Code § 33-44-5-8 — Indiana Code / Title 33 / Article 44 / Chapter 5 / Section 33-44-5-8
Good faith judgment concerning deposit of funds; attorney liability
Status: in_force

Sec. 8. An attorney:

(1) does not breach a fiduciary duty;

(2) is not liable in damages; and

(3) is not subject to disciplinary action;

because of a deposit of money in an interest bearing attorney trust account if the attorney acted in accordance with a good faith judgment that the money constituted qualified funds.

[Pre-2004 Recodification Citation: 33-20-5-8.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-24-12-1 — Indiana Code / Title 33 / Article 24 / Chapter 12 / Section 33-24-12-1
"Fund"
Status: in_force

Sec. 1. As used in this chapter, "fund" refers to the civil legal aid fund established by section 5 of this chapter.

[Pre-2004 Recodification Citation: 33-2.1-11-1.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-33-17-4 — Indiana Code / Title 33 / Article 33 / Chapter 17 / Section 33-33-17-4
Change of venue
Status: in_force

Sec. 4. (a) If:

(1) the clerk of the circuit court of DeKalb County receives the transcript of the original papers in a civil action or proceeding on a change of venue from another county; and

(2) the papers described in subdivision (1) contain an order of the court from which venue was changed designating the circuit court or one (1) of the superior courts as the court to which the case is to be transferred;

the clerk shall file the action or proceeding on the docket of the designated court.

(b) If:

(1) the clerk of the circuit court of DeKalb County receives the transcript of the original papers in a civil action or proceeding on a change of venue from another county; and

(2) the papers described in subdivision (1) do not contain an order designating the court to which the case is to be transferred;

the clerk shall alternately file each action or proceeding on the docket of the circuit court or the docket of one (1) of the superior courts, depending on the order and sequence in which the papers of the cases reach the clerk, so that if the first case is assigned to the circuit court, the next must be assigned to the superior court No. 1, and the next must be assigned to the superior court No. 2.

[Pre-2004 Recodification Citation: 33-5-10.8-18.]

As added by P.L.98-2004, SEC.12. Amended by P.L.237-2005, SEC.9.
Ind. Code § 33-43-1-5 — Indiana Code / Title 33 / Article 43 / Chapter 1 / Section 33-43-1-5
Written authority of party prerequisite to certain judgments
Status: in_force

Sec. 5. Unless the written authority of a party is first produced and its execution is satisfactorily proved to the court, a judgment may not be rendered against any party:

(1) upon the agreement of an attorney; or

(2) by default;

when the party has not been notified or personally entered an appearance.

[Pre-2004 Recodification Citation: 33-21-1-5.]

As added by P.L.98-2004, SEC.22.
Ind. Code § 33-33-10-4 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-10-2.5.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-42-9-5 — Indiana Code / Title 33 / Article 42 / Chapter 9 / Section 33-42-9-5
Refusal to perform notarial act
Status: in_force

Sec. 5. (a) A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that:

(1) the individual executing the record is competent; or

(2) the individual's execution of the record is being done knowingly or voluntarily.

(b) A notarial officer may refuse to perform a notarial act unless the refusal is prohibited by law.

As added by P.L.128-2017, SEC.18.
Ind. Code § 33-39-12-4 — Indiana Code / Title 33 / Article 39 / Chapter 12 / Section 33-39-12-4
Duty of Giglio designee to disclose specified bad acts to prosecuting attorney
Status: in_force

Sec. 4. (a) The Giglio designee shall notify the prosecuting attorney having jurisdiction over the area served by the law enforcement officer, if, after a criminal or internal investigation, a law enforcement officer has been found to have committed, or been criminally charged with any of the following:

(1) An intentional act of dishonesty, including material untruthfulness in reports and testimony.

(2) A violation of the criminal code.

(3) An intentional act that demonstrates mishandling of evidence.

(4) Excessive force.

(5) Racially motivated bias, speech, or acts.

(b) If a law enforcement agency:

(1) imposes discipline for an offense described in subsection (a); or

(2) becomes aware of the imposition of discipline by another law enforcement agency for an offense described in subsection (a);

the Giglio designee shall notify the prosecuting attorney having jurisdiction over the area served by the law enforcement officer of the discipline.

(c) The Giglio designee shall disclose any potential exculpatory evidence to the prosecuting attorney, as described in subsection (a).

As added by P.L.93-2025, SEC.1.
Ind. Code § 33-33-9-5 — Indiana Code / Title 33 / Article 33 / Chapter 9 / Section 33-33-9-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-9.7-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-24-10-4 — Indiana Code / Title 33 / Article 24 / Chapter 10 / Section 33-24-10-4
"Executive secretary"
Status: in_force

Sec. 4. As used in this chapter, "executive secretary" refers to the executive secretary of the disciplinary commission.

[Pre-2004 Recodification Citation: 33-2-3.1-1.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-38-2-1 — Indiana Code / Title 33 / Article 38 / Chapter 2 / Section 33-38-2-1
Judge to appoint bailiff and riding bailiff
Status: in_force

Sec. 1. The judge of the circuit, superior, criminal, probate, and juvenile courts in each county having a population of at least thirty-five thousand (35,000) shall appoint a bailiff and may appoint a riding bailiff for the judge's court, whose per diem shall be fixed by the court to be paid from the county treasury.

[Pre-2004 Recodification Citation: 33-13-4-1.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-28-5-9 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-9
Uniform system of jury selection
Status: in_force

Sec. 9. The jury assembly process must provide a uniform system of jury selection for the courts ensuring that:

(1) persons selected for jury service are selected at random from a fair cross-section of the population of the area served by the courts; and

(2) qualified citizens have the opportunity under this chapter to:

(A) be considered for jury service in the county; and

(B) fulfill their obligation to serve as jurors when summoned for that purpose.

[Pre-2004 Recodification Citation: 33-4-11-9.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.8.
Ind. Code § 33-33-2-13 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-13
Orders, writs, appointments, and commissions
Status: in_force

Sec. 13. The Allen superior court may:

(1) grant restraining orders and injunctions;

(2) issue writs of habeas corpus;

(3) appoint receivers, masters, and commissioners to convey real property and to grant commissions for the examination of witnesses; and

(4) appoint other officers necessary to facilitate and transact the business of the court;

as conferred on circuit courts or the judges of circuit courts.

[Pre-2004 Recodification Citation: 33-5-5.1-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-39-9-1 — Indiana Code / Title 33 / Article 39 / Chapter 9 / Section 33-39-9-1
Application of chapter
Status: in_force

Sec. 1. This chapter does not apply to a threatened, pending, or completed action or a proceeding that:

(1) results in the criminal conviction of; or

(2) is a disciplinary action or proceeding for conduct occurring outside the scope of a prosecuting attorney's employment against;

a prosecuting attorney.

[Pre-2004 Recodification Citation: 33-14-11-3.]

As added by P.L.98-2004, SEC.18. Amended by P.L.55-2022, SEC.14.
Ind. Code § 33-37-8-7 — Indiana Code / Title 33 / Article 37 / Chapter 8 / Section 33-37-8-7
Pretrial diversion program fund
Status: in_force

Sec. 7. (a) This section applies when a county auditor has established a pretrial diversion program fund to receive funds initially deposited in the county fund from the collection of the pretrial diversion program fee. Whenever a prosecuting attorney:

(1) certifies to the county fiscal body that the amount in the pretrial diversion program fund exceeds the amount needed to finance the pretrial diversion program services during the calendar year; and

(2) states the amount of the excess funds in the certification;

the fiscal body may adopt an ordinance to appropriate the excess funds from the pretrial diversion program fund to the office of the prosecuting attorney.

(b) Funds appropriated as described in subsection (a) may be used by the office of the prosecuting attorney for any purpose specified in the appropriation ordinance adopted by the fiscal body.

(c) A county fiscal body may not transfer funds previously appropriated to the office of the prosecuting attorney as a result of an appropriation described in subsection (a).

[Pre-2004 Recodification Citation: 33-19-8-7.]

As added by P.L.98-2004, SEC.16.
Ind. Code § 33-33-65-5 — Indiana Code / Title 33 / Article 33 / Chapter 65 / Section 33-33-65-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-38.1-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-79.4-9 — Indiana Code / Title 33 / Article 33 / Chapter 79.4 / Section 33-33-79.4-9
Location of court sessions
Status: in_force

Sec. 9. Each court shall hold its sessions in the Tippecanoe County courthouse in Lafayette or in other places in the county that the Tippecanoe County executive may provide. The county executive shall provide and maintain a suitable courtroom and other rooms and facilities, including furniture and equipment, as may be necessary for each court. The Tippecanoe County fiscal body shall appropriate sufficient funds for the provision and maintenance of these rooms and facilities.

[Pre-2004 Recodification Citation: 33-5-42.2-8.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-23-2-4 — Indiana Code / Title 33 / Article 23 / Chapter 2 / Section 33-23-2-4
Power and control over judgments; retaining after rendering
Status: in_force

Sec. 4. All courts retain power and control over their judgments for ninety (90) days after rendering the judgments in the same manner and under the same conditions as they retained power and control during the term of court in which the judgments were rendered.

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

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-70-4 — Indiana Code / Title 33 / Article 33 / Chapter 70 / Section 33-33-70-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-38.8-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-2-36 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-36
Judicial nominating commission; election of attorney members
Status: in_force

Sec. 36. The attorney members of the commission shall be elected by the following process:

(1) The clerk of the superior court shall, at least ninety (90) days before the date of election, notify all attorneys in Allen County of the election by mail, informing them that nominations must be made to the clerk of the superior court at least sixty (60) days before the election.

(2) A nomination in writing, accompanied by a signed petition of ten (10) attorney electors and the written consent of the qualified nominee, shall be filed by an attorney elector in the office of the clerk at least sixty (60) days before the election.

(3) The clerk shall prepare and print ballots containing the names and residential addresses of all attorney nominees whose written nominations, petitions, and written statements of consent have been received sixty (60) days before the election.

(A) The ballot must read:

"ALLEN SUPERIOR COURT

NOMINATING COMMISSION BALLOT

To be cast by individuals residing in Allen County and admitted to the practice of law in Indiana. Vote for not more than three (3) of the following candidates for terms commencing __________.

(Name)

(Address)

(Name)

(Address)

(etc.)

(etc.)

To be counted, this ballot must be completed, the accompanying certificate completed and signed, and both together mailed or delivered to the clerk of the Allen Superior Court not later than ______________.

DESTROY BALLOT IF NOT USED".

(B) The three (3) nominees receiving the most votes are elected.

(4) The clerk shall also supply with each ballot distributed by the clerk a certificate, to be completed and signed and returned by the attorney elector voting the ballot, certifying that the attorney elector is admitted to the practice of law in Indiana, that the attorney elector resides in Allen County, and that the attorney elector voted the ballot returned. A ballot not accompanied by the signed certificate of the voter may not be counted.

(5) A separate envelope shall be provided by the clerk for the ballot, in which only the voted ballot is to be placed. This envelope may not be opened until the counting of the ballots.

(6) The clerk of the superior court shall mail a ballot and its accompanying material to all qualified electors at least two (2) weeks before the date of election.

(7) Upon receiving the completed ballots and the accompanying certificates, the clerk shall ensure that the certificates have been completed in compliance with this chapter. All ballots that are accompanied by a valid certificate shall be placed in a package designated to contain ballots. All accompanying certificates shall be placed in a separate package.

(8) The clerk, with the assistance of the Allen County election board, shall open and canvass all ballots after 4 p.m. on the day of the election in the office of the clerk of the Allen superior court. A ballot received after 4 p.m. may not be counted unless the chairman of the judicial nominating commission orders an extension of time because of extraordinary circumstances. Upon canvassing the ballots the clerk shall place all ballots in their package. These, along with the certificates, shall be retained in the clerk's office for six (6) months, and the clerk may not permit anyone to inspect them except upon an order of the court of appeals.

(9) If two (2) or more nominees are tied so that one (1) additional vote cast for one (1) of them would give that nominee a plurality, the canvassers shall resolve the tie by lot, and the winner of the lot is considered to have been elected.

[Pre-2004 Recodification Citation: 33-5-5.1-34.1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-89.3-4 — Indiana Code / Title 33 / Article 33 / Chapter 89.3 / Section 33-33-89.3-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-48-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-41-3-4 — Indiana Code / Title 33 / Article 41 / Chapter 3 / Section 33-41-3-4
Before whom depositions must be taken
Status: in_force

Sec. 4. A deposition must be taken before:

(1) a hearing officer;

(2) a judge, a clerk, a commissioner, or an official reporter of a court;

(3) a notary public; or

(4) another individual authorized by law to take a deposition.

[Pre-2004 Recodification Citation: 33-15-27-4.]

As added by P.L.98-2004, SEC.20.
Ind. Code § 33-33-45-26 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-26
Number of judges
Status: in_force

Sec. 26. The superior court of Lake County consists of sixteen (16) judges plus the Lake circuit court judge if the circuit court judge chooses to sit on the superior court of Lake County.

[Pre-2004 Recodification Citation: 33-5-29.5-27.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-23-11-6 — Indiana Code / Title 33 / Article 23 / Chapter 11 / Section 33-23-11-6
"Information of a confidential nature"
Status: in_force

Sec. 6. As used in this chapter, "information of a confidential nature" means information that:

(1) is obtained by reason of the position or office held; and

(2) has not been or will not be communicated to the general public.

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

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-41-3-6 — Indiana Code / Title 33 / Article 41 / Chapter 3 / Section 33-41-3-6
Void depositions
Status: in_force

Sec. 6. A deposition that is not taken in conformity with section 3 of this chapter is void.

[Pre-2004 Recodification Citation: 33-15-27-6.]

As added by P.L.98-2004, SEC.20.
Ind. Code § 33-23-1-11 — Indiana Code / Title 33 / Article 23 / Chapter 1 / Section 33-23-1-11
Vacancy
Status: in_force

Sec. 11. "Vacancy" means an opening in a judicial office or an opening on the judicial nominating commission that occurs by reason of death, retirement, resignation, or removal.

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

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-71-68 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-68
Retirement; removal
Status: in_force

Sec. 68. (a) Whenever a judge of a St. Joseph County court is retired by the supreme court under this chapter and on the grounds set forth in sections 44 and 46 of this chapter, the judge is considered to have retired voluntarily. In these situations, this chapter may not be construed to authorize any encroachment upon or impairment of any rights of the judge or the judge's surviving spouse under any constitutional or statutory retirement program.

(b) A judge of a St. Joseph County court who is removed from office by the supreme court on those grounds set forth in sections 44 and 46 of this chapter, is ineligible for judicial office and, pending further order of the supreme court, shall be suspended from the practice of law in Indiana.

[Pre-2004 Recodification Citation: 33-5-40-72.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-71-16 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-16
Bailiff
Status: in_force

Sec. 16. Each judge of the superior court shall appoint a bailiff for the court whose salary shall be fixed by the court and paid as provided by law.

[Pre-2004 Recodification Citation: 33-5-40-15.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-11-2 — Indiana Code / Title 33 / Article 37 / Chapter 11 / Section 33-37-11-2
Establishment
Status: in_force

Sec. 2. (a) A jury pay fund is established for each county to supplement the cost of paying jury fees. The jury pay fund is administered by the county auditor.

(b) The jury pay fund consists of amounts deposited by the county auditor under IC 33-37-8-5(c) and the fees collected under:

(1) IC 33-37-5-19 from a defendant who:

(A) committed a crime;

(B) violated a statute defining an infraction; or

(C) violated an ordinance of a municipal corporation; and

(2) IC 33-37-5-19.5 from a party who files:

(A) a civil tort action; or

(B) a civil plenary action.

[Pre-2004 Recodification Citation: 33-19-10-2.]

As added by P.L.98-2004, SEC.16. Amended by P.L.237-2023, SEC.6.
Ind. Code § 33-38-1-3 — Indiana Code / Title 33 / Article 38 / Chapter 1 / Section 33-38-1-3
Beginning date; expiration date
Status: in_force

Sec. 3. The term of office of a person:

(1) elected judge of the court of appeals or of any circuit, superior, probate, criminal, or juvenile court begins on the first day of January after the person's election; and

(2) elected or appointed to any judgeship expires on December 31 after the election of the respective successors.

[Pre-2004 Recodification Citation: 33-13-5-1.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-54-6 — Indiana Code / Title 33 / Article 33 / Chapter 54 / Section 33-33-54-6
Repealed
Status: repealed

As added by P.L.237-2005, SEC.24. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-31-1-23 — Indiana Code / Title 33 / Article 31 / Chapter 1 / Section 33-31-1-23
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-8-2-24.]

As added by P.L.98-2004, SEC.10. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-28-5-8 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-8
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-4-11-8.]

As added by P.L.98-2004, SEC.7. Repealed by P.L.80-2006, SEC.17.
Ind. Code § 33-38-7-12 — Indiana Code / Title 33 / Article 38 / Chapter 7 / Section 33-38-7-12
Permanent disability of participants; transcripts, records, and other materials
Status: in_force

Sec. 12. (a) Benefits provided under this section are subject to IC 33-38-6-13.

(b) A participant is considered permanently disabled if the board has received a written certificate by at least two (2) licensed and practicing physicians, appointed by the board, indicating that:

(1) the participant is totally incapacitated, by reason of physical or mental infirmities, from earning a livelihood; and

(2) the condition is likely to be permanent.

(c) The participant shall be reexamined by at least two (2) physicians appointed by the board at the times as the board designates but at intervals not to exceed one (1) year. If, in the opinion of these physicians, the participant has recovered from the participant's disability, then benefits cease to be payable as of the date of the examination unless, on that date, the participant is:

(1) at least sixty-five (65) years of age; or

(2) at least fifty-five (55) years of age and meets the requirements under section 11(b)(2)(B) of this chapter.

(d) To the extent required by the Americans with Disabilities Act, the transcripts, reports, records, and other material generated by the initial and periodic examinations and reviews to determine eligibility for disability benefits under this section shall be:

(1) kept in separate medical files for each member; and

(2) treated as confidential medical records.

[Pre-2004 Recodification Citation: 33-13-9.1-5.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-53-6 — Indiana Code / Title 33 / Article 33 / Chapter 53 / Section 33-33-53-6
Rules for administration of court
Status: in_force

Sec. 6. (a) The judges of the court shall adopt rules to provide for the administration of the court, including rules governing the following:

(1) Allocation of case load.

(2) Legal representation for indigents.

(3) Budgetary matters of the court.

(4) Operation of the probation department.

(5) Term of administration of the presiding judge.

(6) Employment and management of court personnel.

(7) Cooperative efforts with other courts for establishing and administering shared programs and facilities.

(b) The court shall file with the office of judicial administration a copy of the rules adopted under this section.

[Pre-2004 Recodification Citation: 33-4-10-6.]

As added by P.L.98-2004, SEC.12. Amended by P.L.161-2018, SEC.84.
Ind. Code § 33-33-43-5 — Indiana Code / Title 33 / Article 33 / Chapter 43 / Section 33-33-43-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-27-12.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-27-3-4 — Indiana Code / Title 33 / Article 27 / Chapter 3 / Section 33-27-3-4
Failure of governor to appoint; appointment by chief justice; changes in list
Status: in_force

Sec. 4. (a) If the governor fails to make an appointment not later than sixty (60) days after the date the names of the nominees are submitted to the governor, the chief justice shall make the appointment from the nominees.

(b) A change in a list submitted to the governor under section 3 of this chapter requires a resubmission of the altered list to the governor, and the sixty (60) day period in which the governor must make the appointment begins on the date of resubmission.

[Pre-2004 Recodification Citation: 33-2.1-4-10.]

As added by P.L.98-2004, SEC.6.
Ind. Code § 33-25-1-2 — Indiana Code / Title 33 / Article 25 / Chapter 1 / Section 33-25-1-2
Districts
Status: in_force

Sec. 2. Indiana is divided into five (5) geographic districts, which shall be designated as the "court of appeals - First District; Second District; Third District; Fourth District; and Fifth District" as follows:

(1) First District: Bartholomew, Boone, Brown, Clark, Clay, Crawford, Daviess, Dearborn, Decatur, Dubois, Fayette, Floyd, Fountain, Franklin, Gibson, Greene, Hancock, Harrison, Hendricks, Henry, Jackson, Jefferson, Jennings, Johnson, Knox, Lawrence, Martin, Monroe, Montgomery, Morgan, Ohio, Orange, Owen, Parke, Perry, Pike, Posey, Putnam, Randolph, Ripley, Rush, Scott, Shelby, Spencer, Sullivan, Switzerland, Union, Vanderburgh, Vermillion, Vigo, Warrick, Washington, and Wayne.

(2) Second District: Adams, Blackford, Carroll, Cass, Clinton, Delaware, Grant, Hamilton, Howard, Huntington, Jay, Madison, Marion, Miami, Tippecanoe, Tipton, Wabash, Wells, and White.

(3) Third District: Allen, Benton, DeKalb, Elkhart, Fulton, Jasper, Kosciusko, LaGrange, Lake, LaPorte, Marshall, Newton, Noble, Porter, Pulaski, St. Joseph, Starke, Steuben, Warren, and Whitley.

(4) The entire state constitutes the Fourth District.

(5) The entire state constitutes the Fifth District.

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

As added by P.L.98-2004, SEC.4.
Ind. Code § 33-44-4-1 — Indiana Code / Title 33 / Article 44 / Chapter 4 / Section 33-44-4-1
Attorney trust account board established
Status: in_force

Sec. 1. The Indiana attorney trust account board is established.

[Pre-2004 Recodification Citation: 33-20-4-1.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-42-16-5 — Indiana Code / Title 33 / Article 42 / Chapter 16 / Section 33-42-16-5
Certificate of fact
Status: in_force

Sec. 5. (a) On the request of any person, the secretary of state shall issue a certificate of fact for a notary public.

(b) A certificate of fact issued under subsection (a) must state the following:

(1) The notary public's name.

(2) The notary public's commission expiration date.

(3) The notary public's county of commission.

(4) That the records of the secretary of state indicate that the notary public's commission is active.

(c) Subject to any qualification specified in a certificate of fact issued under subsection (a), the certificate may be relied upon as conclusive evidence of the facts stated in the certificate.

As added by P.L.177-2019, SEC.27.
Ind. Code § 33-33-73-4 — Indiana Code / Title 33 / Article 33 / Chapter 73 / Section 33-33-73-4
Transcripts
Status: in_force

Sec. 4. (a) This section does not apply to criminal cases.

(b) If the transcript of the original papers in a civil action or proceeding received by the clerk of the Shelby circuit court and Shelby superior courts on change of venue from another county contains an order of the court from which venue was changed designating the court to which the case is to be transferred, the clerk shall file the action or proceeding on the docket of the designated court.

(c) If the transcript of the original papers in a civil action or proceeding does not contain an order designating the court to which the case is to be transferred, the clerk shall alternately file each action or proceeding on the docket of the Shelby circuit court and the docket of the Shelby superior courts depending on the order and sequence in which the papers of the cases reach the clerk.

[Pre-2004 Recodification Citation: 33-5-39-9.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-34-19 — Indiana Code / Title 33 / Article 33 / Chapter 34 / Section 33-33-34-19
Repealed
Status: repealed

As added by P.L.237-2005, SEC.19. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-34-8-5.1 — Indiana Code / Title 33 / Article 34 / Chapter 8 / Section 33-34-8-5.1
Expired
Status: repealed

As added by P.L.170-2015, SEC.17. Expired 1-1-2016 by P.L.170-2015, SEC.17.
Ind. Code § 33-35-1-3 — Indiana Code / Title 33 / Article 35 / Chapter 1 / Section 33-35-1-3
City or town court judge; term; bond
Status: in_force

Sec. 3. (a) The judge of a city or town court shall be elected under IC 3-10-6 or IC 3-10-7 by the voters of the city or town.

(b) Except as provided in subsections (c), (d), and (e), the term of office of a judge elected under this section is four (4) years, beginning at noon January 1 after election and continuing until a successor is elected and qualified.

(c) This subsection applies to a town that adopts an ordinance under IC 3-10-6-2.6. The term of office of:

(1) a judge elected at the next municipal election not conducted in a general election year is one (1) year; and

(2) the successors to the judge described in subdivision (1) is four (4) years;

beginning at noon January 1 after election and continuing until a successor is elected and qualified.

(d) This subsection applies to a town that adopts an ordinance under IC 3-10-7-2.7. The term of office of:

(1) a judge elected at the next municipal election not conducted in a general election year is three (3) years; and

(2) the successors to the judge described in subdivision (1) is four (4) years;

beginning noon January 1 after election and continuing until a successor is elected and qualified.

(e) This subsection applies to a town that adopts an ordinance under IC 3-10-7-2.9. The term of office of:

(1) a judge elected in the first election cycle after adoption of the ordinance is the term of office provided by the ordinance, not to exceed four (4) years; and

(2) the successors of the judge described in subdivision (1) is four (4) years.

(f) Before beginning the duties of office, the judge shall, in the manner prescribed by IC 5-4-1, execute a bond conditioned upon the faithful discharge of the duties of office.

[Pre-2004 Recodification Citation: 33-10.1-3-1.1.]

As added by P.L.98-2004, SEC.14. Amended by P.L.109-2015, SEC.48.
Ind. Code § 33-42-9-12 — Indiana Code / Title 33 / Article 42 / Chapter 9 / Section 33-42-9-12
Authentication by certificate; requirements; changes
Status: in_force

Sec. 12. (a) A notarial act must be authenticated by a certificate bearing the date of the notarial act and the signature of the notarial officer. A properly completed certificate must conform to the following conditions:

(1) The certificate must be completed contemporaneously with the performance of the notarial act.

(2) The certificate must be signed and dated by the notarial officer. If the notarial officer is a notary public, the certificate must be signed in the manner on file with the secretary of state for the specific notary public.

(3) The certificate must identify the jurisdiction in which the notarial act is performed as follows:

(A) For a notarial act that is not a remote notarial act, the county and state in which the principal or witness appears before the notarial officer.

(B) For a remote notarial act, the information required by IC 33-42-17-7(a)(3).

(4) The certificate must display the title of the notarial officer.

(5) If the notarial officer is a notary public, the certificate must display:

(A) the expiration date of the notary public's commission; and

(B) either of the following:

(i) The Indiana county of the notary public's commission.

(ii) If the notary public is not a resident of Indiana but is primarily employed in Indiana, the Indiana county where the notary public is primarily employed.

(b) A notary public who performs a notarial act on a tangible record shall:

(1) affix, display, or emboss the notary public's official seal; and

(2) print or type the notary public's name underneath the notary public's signature on a certificate of acknowledgment, proof (as defined in and permitted under IC 32-21-2), or other official record unless the name of the notary public:

(A) appears in printed form on the record; or

(B) appears as part of the notary public's official seal; and

is legible when the record is photocopied.

(c) If a notarial act is performed on a public record by a notarial officer other than a notary public, the information described in subsection (a)(2) through (a)(4) must be affixed, displayed, or embossed upon the certificate and accompanied by the notarial officer's official seal.

(d) If a notarial act is performed on an electronic record by a notary public:

(1) the electronic notarial certificate must contain the information described in subsection (a)(2) through (a)(5); and

(2) the notary public's electronic seal must be attached to or associated with the electronic notarial certificate.

(e) If a notarial act is performed on an electronic record by a notarial officer other than a notary public:

(1) the electronic notarial certificate must contain the information described in subsection (a)(2) through (a)(4); and

(2) the notarial officer's official seal must be attached to or associated with the electronic notarial certificate.

(f) A certificate of a notarial act or an electronic notarial certificate is sufficient if it meets the requirements described in subsections (a) and (b) and:

(1) is in a form permitted by the laws of this state;

(2) is in a form permitted by the laws of the jurisdiction in which the notarial act was performed; or

(3) sets forth the actions of the notarial officer.

(g) By executing a certificate of a notarial act or an electronic notarial certificate, a notarial officer certifies that the notarial officer has complied with this chapter.

(h) A notarial officer may not affix a signature to or associate a certificate of a notarial act or an electronic notarial certificate with a record until a notarial act has been performed.

(i) A certificate of a notarial act or an electronic notarial certificate must be attached to or associated with each tangible record or electronic record in a manner consistent with the applicable requirements of subsections (a) through (f).

(j) An official:

(1) certificate of a notarial act bearing a notarial officer's official seal; or

(2) electronic notarial certificate bearing a notarial officer's electronic seal;

constitutes presumptive evidence of the facts stated in cases, where, by law, the notarial officer is authorized to certify facts.

(k) A notarial officer may subsequently correct any information included or omitted from a certificate of a notarial act or an electronic notarial certificate executed by the notarial officer.

(l) Changes or corrections may never be made to the impression of an official seal.

As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.52; P.L.177-2019, SEC.18; P.L.177-2019, SEC.19; P.L.185-2021, SEC.60.
Ind. Code § 33-29-1-7 — Indiana Code / Title 33 / Article 29 / Chapter 1 / Section 33-29-1-7
Courtroom; equipment; duty of county executive
Status: in_force

Sec. 7. (a) The county executive for the county in which the standard superior court is located shall provide and maintain:

(1) a suitable courtroom;

(2) furniture and equipment; and

(3) other rooms and facilities;

necessary for the operation of the court.

(b) The county fiscal body shall appropriate sufficient funds for the provision and maintenance of the items described in subdivisions (1) through (3).

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

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-28-1-2 — Indiana Code / Title 33 / Article 28 / Chapter 1 / Section 33-28-1-2
Jurisdiction
Status: in_force

Sec. 2. (a) All circuit courts have:

(1) original and concurrent jurisdiction in all civil cases and in all criminal cases;

(2) original and concurrent jurisdiction with the superior courts in all user fee cases;

(3) de novo appellate jurisdiction of appeals from city and town courts; and

(4) in Marion County, de novo appellate jurisdiction of appeals from township small claims courts established under IC 33-34.

(b) The circuit court also has the appellate jurisdiction that may be conferred by law upon it.

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

As added by P.L.98-2004, SEC.7. Amended by P.L.201-2011, SEC.22; P.L.195-2019, SEC.3.
Ind. Code § 33-26-8-5 — Indiana Code / Title 33 / Article 26 / Chapter 8 / Section 33-26-8-5
Production of information; deadline
Status: in_force

Sec. 5. If the tax court orders a qualifying official to provide requested information as described in section 4 of this chapter, the tax court shall order production of the information not later than fourteen (14) days after the date of the tax court's order.

[Pre-2004 Recodification Citation: 33-3-5-2.5.]

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-38-14-30 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-30
Certification of commission recommendation to supreme court
Status: in_force

Sec. 30. Upon recommending the discipline, retirement, or removal of a judge, the commission shall file a copy of each of the following with the clerk of the supreme court:

(1) The recommendation certified by the chairman or secretary of the commission.

(2) The transcript.

(3) The findings of fact and conclusions of law.

The commission shall mail to the judge and the counsel notice of the filing and copies of the filed documents.

[Pre-2004 Recodification Citation: 33-2.1-6-24.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-78-9 — Indiana Code / Title 33 / Article 33 / Chapter 78 / Section 33-33-78-9
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 § 33-38-13-23 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-23
Appearance before commission
Status: in_force

Sec. 23. If objections to a report of the masters under section 21 of this chapter are not timely filed, the commission may adopt the recommended findings of the masters without a hearing. If objections are timely filed, or if objections are not timely filed and the commission proposes to modify or reject the recommended findings of the masters, the commission shall give the justice or judge and the counsel an opportunity to be heard before the commission in the county in which the justice or judge resides. The commission shall mail written notice of the time and place of the hearing to the justice or judge and the counsel not less than ten (10) days before the hearing.

[Pre-2004 Recodification Citation: 33-2.1-5-16.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-39-7-6 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-6
"Participant"
Status: in_force

Sec. 6. As used in this chapter, "participant" means a person serving in a position described in section 8 of this chapter who is participating in the fund.

[Pre-2004 Recodification Citation: 33-14-9-5.]

As added by P.L.98-2004, SEC.18.
Ind. Code § 33-33-77-4 — Indiana Code / Title 33 / Article 33 / Chapter 77 / Section 33-33-77-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-40.5-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-28-1 — Indiana Code / Title 33 / Article 33 / Chapter 28 / Section 33-33-28-1
Judicial district; magistrate
Status: in_force

Sec. 1. (a) Greene County constitutes the sixty-third judicial circuit.

(b) The judge of the Greene circuit court and the judge of the Greene superior court 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 jointly removed by the judge of the Greene circuit court and the judge of the Greene superior court.

[Pre-2004 Recodification Citation: 33-4-1-28.]

As added by P.L.98-2004, SEC.12. Amended by P.L.173-2015, SEC.7.
Ind. Code § 33-38-11-6 — Indiana Code / Title 33 / Article 38 / Chapter 11 / Section 33-38-11-6
Limitation of rights and powers
Status: in_force

Sec. 6. The judge of the court may:

(1) limit any of the rights or powers of the temporary judge specified in this chapter; and

(2) specifically determine the duties of the temporary judge within the limits established in this chapter.

[Pre-2004 Recodification Citation: 33-13-16-6.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-2-22 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-22
Laws applicable to superior court
Status: in_force

Sec. 22. All laws of the state and rules adopted by the supreme court governing the Allen circuit court in matters of pleading, practice, the issuing and service of process, the giving of notice, the appointing of judges pro tempore and special judges, changes of venue from the judge and from the county, adjournments by the court and by the clerk in the absence of the judge, and the selection of jurors for the court apply to and govern the Allen superior court.

[Pre-2004 Recodification Citation: 33-5-5.1-16.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-6-2 — Indiana Code / Title 33 / Article 37 / Chapter 6 / Section 33-37-6-2
Discharge of debt liability; vendor transaction charge or discount fee; contracts with payment processing companies authorized
Status: in_force

Sec. 2. (a) A payment made under this chapter does not finally discharge the person's liability, and the person has not paid the liability until the clerk receives payment or credit from the institution responsible for making the payment or credit.

(b) The clerk may contract with a bank or credit card vendor for acceptance of bank or credit cards. Subject to subsection (d), if there is a vendor transaction charge or discount fee, whether billed to the clerk or charged directly to the clerk's account, the clerk shall collect a fee from the person using the bank card or credit card. The fee collected under this section is a permitted additional charge to the money the clerk is required to collect under section 1(1) of this chapter.

(c) Subject to subsection (d), the clerk may contract with a payment processing company, which may collect a transaction fee from the person using the bank card or credit card. The fee collected under this section is a permitted additional charge to the money the clerk is required to collect under section 1(1) of this chapter.

(d) The clerk shall collect and deposit in the appropriate fund an amount not less than the amount the clerk would collect and deposit if the clerk received payment by a means other than a bank card or credit card.

[Pre-2004 Recodification Citation: 33-19-6.5-2.]

As added by P.L.98-2004, SEC.16. Amended by P.L.65-2004, SEC.16; P.L.171-2006, SEC.8.
Ind. Code § 33-33-22-6 — Indiana Code / Title 33 / Article 33 / Chapter 22 / Section 33-33-22-6
Repealed
Status: repealed

As added by P.L.2-2005, SEC.90. Repealed by P.L.234-2007, SEC.220.
Ind. Code § 33-44-7-6 — Indiana Code / Title 33 / Article 44 / Chapter 7 / Section 33-44-7-6
Nonreversion of money in fund
Status: in_force

Sec. 6. Money in the fund at the end of a state fiscal year does not revert to the state general fund.

[Pre-2004 Recodification Citation: 33-20-7-6.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-37-10-3 — Indiana Code / Title 33 / Article 37 / Chapter 10 / Section 33-37-10-3
Witnesses in certain actions
Status: in_force

Sec. 3. Except as provided in section 3.5 of this chapter, a witness in an action listed in IC 33-37-4-2, IC 33-37-4-3, IC 33-37-4-4, IC 33-37-4-6, and IC 33-37-4-7 is entitled to 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) Five dollars ($5) for each day of attendance in court.

[Pre-2004 Recodification Citation: 33-19-1-6.]

As added by P.L.98-2004, SEC.16. Amended by P.L.1-2007, SEC.222; P.L.41-2014, SEC.5.
Ind. Code § 33-33-71-60 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-60
Recommendation of commission; vote
Status: in_force

Sec. 60. If the commission on judicial qualifications finds good cause, it shall recommend to the supreme court the censure, retirement, or removal of the judge. The affirmative vote of four (4) members of the commission on judicial qualifications, including a majority of those who were present at the hearing or hearings when the evidence was produced, is required for a recommendation of discipline, retirement, or removal of a judge.

[Pre-2004 Recodification Citation: 33-5-40-64.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-7-14 — Indiana Code / Title 33 / Article 38 / Chapter 7 / Section 33-38-7-14
Payments to participant's surviving spouse, dependents, or estate
Status: in_force

Sec. 14. (a) Benefits provided under this section are subject to IC 33-38-6-13 and section 16 of this chapter.

(b) If annuities are not payable to the survivors of a participant who dies after July 1, 1983, the surviving spouse or child or children of the participant, if any, as determined by the participant, and if none survive, then any dependent or dependents surviving shall draw from the fund the amount that the participant paid into the fund plus interest at a rate specified by rule by the board. If no spouse, child or children, or other dependents survive, then the amount, plus interest at a rate specified by rule by the board and minus any payments made to the participant, shall be paid to the executor or administrator of the participant's estate.

(c) The amount owed a spouse, child or children, or other dependent, or estate under this section is payable within sixty (60) days after date of the withdrawal application or in the monthly installments as the recipient may elect.

[Pre-2004 Recodification Citation: 33-13-9.1-7.]

As added by P.L.98-2004, SEC.17. Amended by P.L.16-2011, SEC.3.
Ind. Code § 33-24-10-1 — Indiana Code / Title 33 / Article 24 / Chapter 10 / Section 33-24-10-1
"Admission and discipline rule"
Status: in_force

Sec. 1. As used in this chapter, "admission and discipline rule" refers to the Rules for Admission to the Bar and the "Discipline of Attorneys" adopted by the supreme court.

[Pre-2004 Recodification Citation: 33-2-3.1-1.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-33-79.4-4 — Indiana Code / Title 33 / Article 33 / Chapter 79.4 / Section 33-33-79.4-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-42.2-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-84-22 — Indiana Code / Title 33 / Article 33 / Chapter 84 / Section 33-33-84-22
Magistrate
Status: in_force

Sec. 22. (a) The judges of the Vigo circuit and 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 Vigo circuit and superior courts.

As added by P.L.224-2025, SEC.13.
Ind. Code § 33-39-7-17 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-17
Eligibility for disability benefits; certification by physician; segregation of records
Status: in_force

Sec. 17. (a) A participant is considered to have a permanent disability if the board has received written certifications by at least two (2) licensed and practicing physicians, appointed by the board, that:

(1) the participant is totally incapacitated, by reason of physical or mental infirmities, from earning a livelihood; and

(2) the condition is likely to be permanent.

(b) A participant found to have a permanent disability under subsection (a) must be reexamined by at least two (2) physicians appointed by the board, at the times the board designates but at intervals not to exceed one (1) year. If, in the opinion of these physicians, the participant has recovered from the participant's disability, benefits cease to be payable as of the date of the examination, unless on that date the participant is:

(1) at least sixty-five (65) years of age; or

(2) at least fifty-five (55) years of age and the participant's age in years plus the participant's years of service is at least eighty-five (85).

(c) To the extent required by the Americans with Disabilities Act, the transcripts, reports, records, and other material generated to prove that an individual is qualified for disability benefits under this section must be:

(1) kept in separate medical files for each member; and

(2) treated as confidential medical records.

[Pre-2004 Recodification Citation: 33-14-9-15.]

As added by P.L.98-2004, SEC.18. Amended by P.L.160-2013, SEC.6.
Ind. Code § 33-23-11-12 — Indiana Code / Title 33 / Article 23 / Chapter 11 / Section 33-23-11-12
Compensation resulting from material information
Status: in_force

Sec. 12. A justice, judge, or prosecuting attorney may not accept any compensation from any employment, transaction, or investment that was entered into or made as a result of material information of a confidential nature.

[Pre-2004 Recodification Citation: 33-2.1-8-4.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-38-9.5-6 — Indiana Code / Title 33 / Article 38 / Chapter 9.5 / Section 33-38-9.5-6
Duties of local or regional advisory council
Status: in_force

Sec. 6. A local or regional advisory council shall do the following:

(1) Review, evaluate, and make recommendations for local:

(A) criminal justice systems and corrections programs;

(B) pretrial services;

(C) behavioral health treatment and recovery services;

(D) community corrections; and

(E) county jail and probation services.

(2) Promote state and local collaboration between the advisory council and the local or regional advisory council.

(3) Review and evaluate local jail overcrowding and recommend a range of possible overcrowding solutions.

(4) Compile reports regarding local criminal sentencing as directed by the advisory council.

(5) Establish committees to inform the work of the local or regional advisory council.

(6) Communicate with the advisory council in order to establish and implement best practices and to ensure consistent collection and reporting of data as requested by the advisory council.

(7) Oversee and manage grants awarded under IC 31-40-5 and IC 31-40-6, unless another local collaborative body in the county is tasked with overseeing the grant awarded.

(8) Prepare and submit an annual report to the advisory council not later than March 31 of each year.

As added by P.L.30-2021, SEC.5. Amended by P.L.101-2022, SEC.36.
Ind. Code § 33-35-5-6 — Indiana Code / Title 33 / Article 35 / Chapter 5 / Section 33-35-5-6
Style of city or town court
Status: in_force

Sec. 6. The style of the city or town court is "The (City or Town) Court of ____________," according to the name of the city or town.

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

As added by P.L.98-2004, SEC.14.
Ind. Code § 33-39-5-1 — Indiana Code / Title 33 / Article 39 / Chapter 5 / Section 33-39-5-1
Violations
Status: in_force

Sec. 1. A:

(1) prosecuting attorney;

(2) deputy prosecuting attorney; or

(3) judge of a city court;

who recklessly acts as attorney, agent, or counsel for an applicant in a proceeding to procure a license to retail or wholesale intoxicating liquors under IC 7.1, or aids or assists in any manner in the procuring of a license commits a Class B misdemeanor.

[Pre-2004 Recodification Citation: 33-14-3-1.]

As added by P.L.98-2004, SEC.18.
Ind. Code § 33-44-7-7 — Indiana Code / Title 33 / Article 44 / Chapter 7 / Section 33-44-7-7
Income received by board from remittance of interest not taxable to attorney or client
Status: in_force

Sec. 7. For purposes of Indiana law, income received by the board from the remittance of interest is not taxable to:

(1) the attorney maintaining the interest bearing attorney trust account; or

(2) the client whose funds are deposited in the interest bearing attorney trust account.

[Pre-2004 Recodification Citation: 33-20-7-7.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-37-5-18 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-18
Safe schools fee
Status: in_force

Sec. 18. (a) In each criminal action in which a person is convicted of an offense in which the possession or use of a firearm was an element of the offense, the court shall assess a safe schools fee of at least two hundred dollars ($200) and not more than one thousand dollars ($1,000).

(b) For each offense described in IC 9-21-8-52(b), the court may assess a safe schools fee of at least two hundred dollars ($200) and not more than one thousand dollars ($1,000).

(c) In determining the amount of the safe schools fee assessed against a person under subsection (a), a court shall consider the person's ability to pay the fee.

(d) The clerk shall collect the safe schools fee set by the court when a person is convicted of an offense:

(1) in which the possession or use of a firearm was an element of the offense; or

(2) described in IC 9-21-8-52(b) and the court assesses a safe schools fee under subsection (b).

[Pre-2004 Recodification Citation: 33-19-6-16.3.]

As added by P.L.98-2004, SEC.16. Amended by P.L.144-2019, SEC.17; P.L.156-2020, SEC.123.
Ind. Code § 33-33-71-37 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-37
Qualifications of nominees; evaluation
Status: in_force

Sec. 37. (a) The commission shall submit only the names of the five (5) most highly qualified candidates from among those eligible individuals considered. To be eligible for nomination as a judge of the St. Joseph superior court, a person must be domiciled in the county of St. Joseph, a citizen of the United States, and admitted to the practice of law in the courts of Indiana.

(b) In abiding by the mandate in subsection (a), the commission shall evaluate in writing each eligible individual on the following factors:

(1) Law school record, including any academic honors and achievements.

(2) Contribution to scholarly journals and publications, legislative draftings, and legal briefs.

(3) Activities in public service, including:

(A) writings and speeches concerning public or civic affairs which are on public record, including but not limited to campaign speeches or writing, letters to newspapers, and testimony before public agencies;

(B) efforts and achievements in improving the administration of justice; and

(C) other conduct relating to the individual's profession.

(4) Legal experience, including the number of years of practicing law, the kind of practice involved, and reputation as a trial lawyer or judge.

(5) Probable judicial temperament.

(6) Physical condition, including age, stamina, and possible habitual intemperance.

(7) Personality traits, including the exercise of sound judgment, ability to compromise and conciliate patience, decisiveness, and dedication.

(8) Membership on boards of directors, financial interest, and any other consideration that might create conflict of interest with a judicial office.

(9) Any other pertinent information that the commission feels is important in selecting the best qualified individuals for judicial office.

(c) Written evaluations may 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.

(d) 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 St. Joseph superior court.

[Pre-2004 Recodification Citation: 33-5-40-41.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-34-5-5 — Indiana Code / Title 33 / Article 34 / Chapter 5 / Section 33-34-5-5
Judge's absence
Status: in_force

Sec. 5. (a) A judge absent from the bench for more than thirty (30) days shall deposit the dockets, books, and papers of the office with the:

(1) small claims judge of another township; or

(2) circuit court;

as directed by the circuit court judge.

(b) A:

(1) judge with whom the docket of another judge is deposited during a vacancy or an absence; and

(2) successor of any judge who has the dockets of the successor's predecessor in the successor's possession;

may perform all duties that the judge might do legally in relation to the judge's own dockets.

(c) Process shall be returned to the judge who has the legal custody of the docket at the day of return.

[Pre-2004 Recodification Citation: 33-11.6-7-5.]

As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006, SEC.6.
Ind. Code § 33-28-5-17 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-17
Failure to appear; misrepresentation
Status: in_force

Sec. 17. (a) If a prospective juror fails to appear under the supervising judge's order or fails to show good cause for the failure to appear as directed by the jury administrator, the prospective juror is subject to criminal contempt.

(b) A person who knowingly misrepresents a material fact on a juror qualification form for the purpose of avoiding or securing service as a juror commits a Class C misdemeanor.

[Pre-2004 Recodification Citation: 33-4-11-17.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.14.
Ind. Code § 33-33-89-4 — Indiana Code / Title 33 / Article 33 / Chapter 89 / Section 33-33-89-4
Judicial district
Status: in_force

Sec. 4. Wayne County constitutes the judicial district of the Wayne superior court No. 1.

[Pre-2004 Recodification Citation: 33-5-46-2.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-40-6-1 — Indiana Code / Title 33 / Article 40 / Chapter 6 / Section 33-40-6-1
Purpose; administration; use of funds
Status: in_force

Sec. 1. The public defense fund is established to receive court costs or other revenues for county reimbursement and administrative expenses. The fund shall be administered by the Indiana commission on court appointed attorneys (established by IC 33-40-5-2). Money in the fund may be used to pay the expenses incurred by the justice reinvestment advisory council under IC 33-38-9.5-2.2.

[Pre-2004 Recodification Citation: 33-9-14-1.]

As added by P.L.98-2004, SEC.19. Amended by P.L.161-2018, SEC.105; P.L.111-2024, SEC.8.
Ind. Code § 33-34-3-3 — Indiana Code / Title 33 / Article 34 / Chapter 3 / Section 33-34-3-3
Possessory actions
Status: in_force

Sec. 3. The court has original and concurrent jurisdiction with the circuit and superior courts in possessory actions between landlord and tenant in which the past due rent at the time of filing does not exceed ten thousand dollars ($10,000). The court also has original and concurrent jurisdiction with the circuit and superior courts in actions for the possession of property where the value of the property sought to be recovered does not exceed ten thousand dollars ($10,000). These jurisdictional limitations are not affected by interest and attorney's fees.

[Pre-2004 Recodification Citation: 33-11.6-4-3.]

As added by P.L.98-2004, SEC.13. Amended by P.L.170-2015, SEC.8; P.L.125-2021, SEC.5.
Ind. Code § 33-33-50-4 — Indiana Code / Title 33 / Article 33 / Chapter 50 / Section 33-33-50-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-35.5-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-38-7-20 — Indiana Code / Title 33 / Article 38 / Chapter 7 / Section 33-38-7-20
Assignment of benefits
Status: in_force

Sec. 20. 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.21.
Ind. Code § 33-33-66-4 — Indiana Code / Title 33 / Article 33 / Chapter 66 / Section 33-33-66-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-38.2-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-44-5-4 — Indiana Code / Title 33 / Article 44 / Chapter 5 / Section 33-44-5-4
Presumption if written statement not filed
Status: in_force

Sec. 4. If an attorney does not act under section 2 of this chapter, the board shall presume that the attorney has elected to be subject to this article.

[Pre-2004 Recodification Citation: 33-20-5-4.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-71-22 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-22
Appointment of officers and personnel
Status: in_force

Sec. 22. Each judge of the superior court may appoint additional officers and personnel as necessary for the proper administration of the judge's duties as judge of the court.

[Pre-2004 Recodification Citation: 33-5-40-22.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-7-15 — Indiana Code / Title 33 / Article 38 / Chapter 7 / Section 33-38-7-15
Annuities; payment to dependent children
Status: in_force

Sec. 15. (a) Benefits provided under this section are subject to IC 33-38-6-13 and section 16 of this chapter.

(b) If a participant's spouse does not survive the participant, and a child is not designated and entitled to receive an annuity under section 11 of this chapter, any surviving dependent child of a participant is, upon the death of the participant, entitled to an annuity in an amount equal to the annuity the participant's spouse would have received under section 11 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, then that dependent child is entitled to receive an annuity in an amount equal to the annuity the spouse was receiving or would have received under section 11 of this chapter.

(d) If there is more than one (1) dependent child, the dependent children are entitled to share the annuity equally.

(e) Each dependent child is entitled to receive that 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: 33-13-9.1-8.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-45-32 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-32
Notification
Status: in_force

Sec. 32. After the voting members of the commission have been appointed by the governor and the voting members of the commission appointed by the Lake County board of commissioners have been certified to the secretary of state, clerk of the supreme court, and clerk of the Lake circuit court as this chapter provides, the clerk of the Lake circuit court shall by regular mail notify the members of the commission of their election or appointment and shall notify the chairperson of the judicial nominating commission of the same.

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

As added by P.L.98-2004, SEC.12. Amended by P.L.204-2021, SEC.5.
Ind. Code § 33-33-58-7 — Indiana Code / Title 33 / Article 33 / Chapter 58 / Section 33-33-58-7
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.7-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.127-2008, SEC.21.
Ind. Code § 33-42-17-6 — Indiana Code / Title 33 / Article 42 / Chapter 17 / Section 33-42-17-6
Approval of remote notarial act equipment
Status: in_force

Sec. 6. (a) Technology used by a remote notary public for use in performing remote notarial acts must first be approved by the secretary of state.

(b) The secretary of state may approve technology described in subsection (a) only if the:

(1) technology:

(A) is tamper evident;

(B) allows a remote notarial act to be completed in accordance with this article;

(C) conforms to rules adopted by the secretary of state under IC 4-22-2; and

(D) if the technology is to be used for a remote notarial act described in section 4(a) of this chapter, allows for audiovisual communication between the parties; and

(2) vendor of the technology described in subdivision (1):

(A) uses a backup strategy that is acceptable to the secretary of state for use as a record keeper for any record that is related to a remote notarial act; and

(B) signs an agreement with the owner of the backup strategy described in clause (A) that, in the event that the vendor ceases business operations, the owner is required to release to the secretary of state any record described in clause (A).

(c) A remote notary public:

(1) may select one (1) or more technologies approved by the secretary of state under this section to perform remote notarial acts; and

(2) may not be required to use a particular technology not previously selected by the remote notary public.

(d) A remote notary public shall do the following:

(1) Take reasonable steps to ensure that audiovisual technology used in a remote notarial act is secure from unauthorized interception.

(2) Not later than thirty (30) days after the change occurs, notify the secretary of state of any change in technology used by the remote notary public to perform remote notarial acts.

As added by P.L.59-2018, SEC.64. Amended by P.L.177-2019, SEC.31.
Ind. Code § 33-33-53-2.5 — Indiana Code / Title 33 / Article 33 / Chapter 53 / Section 33-33-53-2.5
Filing name and seat designation of judge of court for election purposes
Status: in_force

Sec. 2.5. Not later than December 31 of the year immediately preceding a year in which the office of judge of the Monroe circuit court will be on the ballot, the clerk of the circuit court shall file with the election division a list containing the name and seat designation for each judge of the Monroe circuit court.

As added by P.L.169-2015, SEC.167.
Ind. Code § 33-23-16-22 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-22
Funding of problem solving courts
Status: in_force

Sec. 22. (a) The costs of a problem solving court may, at the discretion of the fiscal body of the unit, be supplemented out of the city general fund or the county general fund and may be further supplemented by payment from the user fee fund upon appropriation made under IC 33-37-8.

(b) A problem solving court may apply for and receive the following:

(1) Gifts, bequests, and donations from private sources.

(2) Grants and contract money from governmental sources.

(3) Other forms of financial assistance approved by the court to supplement the problem solving court's budget.

(c) A court wishing to establish a problem solving court, including a veteran's court, may apply to the office of judicial administration for financial assistance. The office of judicial administration may provide financial aid to establish the court from funds appropriated to the office of judicial administration for that purpose.

As added by P.L.108-2010, SEC.4. Amended by P.L.179-2015, SEC.11; P.L.161-2018, SEC.55.
Ind. Code § 33-33-71-47 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-47
Meetings of commission
Status: in_force

Sec. 47. (a) The commission on judicial qualifications shall meet periodically as necessary to discharge its statutory responsibilities. Meetings of the commission on judicial qualifications shall be called in the same manner as prescribed for the judicial nominating commission. A quorum for the transaction of business is four (4) members.

(b) The clerk of the St. Joseph circuit court shall make arrangements for a meeting place in St. Joseph County as the commission may request.

(c) The commission on judicial qualifications may act only at a meeting. The commission on judicial qualifications may adopt reasonable and proper rules and regulations for the conduct of its meetings and discharge of its duties.

[Pre-2004 Recodification Citation: 33-5-40-51.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-29-2-2 — Indiana Code / Title 33 / Article 29 / Chapter 2 / Section 33-29-2-2
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: 33-5-2-3.]

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-33-89.2-6 — Indiana Code / Title 33 / Article 33 / Chapter 89.2 / Section 33-33-89.2-6
Location of court sessions
Status: in_force

Sec. 6. (a) The Wayne superior court No. 2 shall hold its sessions in a place to be determined by the county council of Wayne County.

(b) The board of county commissioners of Wayne County:

(1) shall provide and maintain in the courthouse:

(A) a suitable and convenient courtroom for the holding of court; and

(B) suitable and convenient jury room and offices for the judge and the official court reporter; and

(2) 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.

(c) The county council shall make the necessary appropriations from the general fund of the county for the purpose of carrying out this chapter.

[Pre-2004 Recodification Citation: 33-5-47-5.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-6-2 — Indiana Code / Title 33 / Article 33 / Chapter 6 / Section 33-33-6-2
Establishment of standard superior courts
Status: in_force

Sec. 2. (a) There are established two (2) courts of record to be known as Boone superior court No. 1 and Boone superior court No. 2.

(b) Except as otherwise provided in this chapter, both superior courts are standard superior courts as described in IC 33-29-1.

(c) Boone County constitutes the judicial district of each superior court.

[Pre-2004 Recodification Citations: 33-5-9-2; 33-5-9-10.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-27.3-6 — Indiana Code / Title 33 / Article 33 / Chapter 27.3 / Section 33-33-27.3-6
Bailiff and court reporter
Status: in_force

Sec. 6. (a) The judge of the court shall appoint a bailiff and an official court reporter for the court.

(b) The salaries of the bailiff and the official court reporter shall be:

(1) fixed in the same manner as the salaries of the bailiff and official court reporter for the Grant circuit court, Grant superior court, and Grant superior court No. 2; and

(2) paid monthly out of the treasury of Grant County as provided by law.

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

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-56-5 — Indiana Code / Title 33 / Article 33 / Chapter 56 / Section 33-33-56-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.2-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-35-2-5 — Indiana Code / Title 33 / Article 35 / Chapter 2 / Section 33-35-2-5
Certain city or town courts; concurrent jurisdictions; limitations
Status: in_force

Sec. 5. The city court of each of the five (5) cities having the largest populations and the town court of the town having the largest population in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) have concurrent civil jurisdiction with the circuit court of the county where the amount in controversy does not exceed six thousand dollars ($6,000). The court has jurisdiction in any action where the parties or the subject matter are in the county in which the city or town is located. However, the city or town court does not have jurisdiction in:

(1) actions for slander or libel;

(2) matters relating to decedents' estates, appointment of guardians, and all related matters;

(3) dissolution of marriage actions; or

(4) injunction or mandate actions.

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

As added by P.L.98-2004, SEC.14. Amended by P.L.143-2015, SEC.1; P.L.11-2023, SEC.101.
Ind. Code § 33-33-84-17 — Indiana Code / Title 33 / Article 33 / Chapter 84 / Section 33-33-84-17
Process of court
Status: in_force

Sec. 17. 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: 33-5-44.1-23.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-26-9-3 — Indiana Code / Title 33 / Article 26 / Chapter 9 / Section 33-26-9-3
Transcript fees
Status: in_force

Sec. 3. The tax court may fix and charge a fee for preparing, comparing, or certifying a transcript. However, the tax court's fee may not exceed the fee charged by circuit courts for the same service.

[Pre-2004 Recodification Citation: 33-3-5-18.]

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-38-14-4 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-4
"Judge" defined
Status: in_force

Sec. 4. As used in this chapter, "judge" means a judge of a superior or probate court.

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

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-45-11 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-11
Magistrates
Status: in_force

Sec. 11. (a) The judge of division No. 1, division No. 2, division No. 3, and division No. 4 of the court may each appoint one (1) full-time magistrate under IC 33-23-5 to serve as the court requires. A magistrate appointed under this section:

(1) must be a resident of the county; and

(2) continues in office until removed by the judge that the magistrate serves.

(b) The appointment of a magistrate under this section must be in writing.

(c) The judge may specifically determine the duties of the magistrate within the limits established under IC 33-23-5.

(d) The county executive shall provide and maintain suitable facilities for the use of the magistrate, including necessary furniture and equipment.

(e) The court shall employ administrative staff necessary to support the functions of the magistrates.

(f) The county fiscal body shall appropriate sufficient funds for the provision of staff and facilities required under this section.

(g) A magistrate is entitled to annual compensation as established under IC 33-23-5-10. The state shall pay the salary set under IC 33-23-5-10.

[Pre-2004 Recodification Citation: 33-5-29.5-7.2.]

As added by P.L.98-2004, SEC.12. Amended by P.L.123-2021, SEC.8.
Ind. Code § 33-33-27.3-8 — Indiana Code / Title 33 / Article 33 / Chapter 27.3 / Section 33-33-27.3-8
Location of court sessions
Status: in_force

Sec. 8. (a) The court shall hold its sessions in:

(1) the Grant County courthouse in Marion; or

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

(b) The Grant County executive shall provide and maintain a suitable courtroom and other rooms and facilities, including furniture and equipment, as may be necessary.

(c) The Grant County fiscal body shall appropriate sufficient funds for the provision and maintenance of the rooms and facilities.

[Pre-2004 Recodification Citation: 33-5-19.3-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-39-7-18 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-18
Computation of disability benefits
Status: in_force

Sec. 18. (a) Except as provided in subsections (b) and (c), a participant who becomes permanently disabled, as described in section 17 of this chapter, is entitled to an annual benefit equal to the product of:

(1) the annual 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 ten (10) years of service, an additional percentage is calculated under this subsection by prorating between the applicable percentages, based on the number of months in the partial year of service.

(b) Except as provided in subsection (c), benefits payable to a participant under this section are reduced by the amounts, if any, that are payable to the participant from the public employees' retirement fund.

(c) This subsection applies to a participant who is a member of the public employees' defined contribution plan established by IC 5-10.3-12-18. Benefits payable to a participant under this section are reduced by the pension portion of the retirement benefit, if any, that would be payable to the participant from the public employees' retirement fund if the participant had not made an election under IC 5-10.3-12-20 to become a member of the public employees' defined contribution plan.

[Pre-2004 Recodification Citation: 33-14-9-16.]

As added by P.L.98-2004, SEC.18. Amended by P.L.54-2013, SEC.5; P.L.160-2013, SEC.7; P.L.27-2019, SEC.25.
Ind. Code § 33-33-73-5 — Indiana Code / Title 33 / Article 33 / Chapter 73 / Section 33-33-73-5
Change of venue
Status: in_force

Sec. 5. (a) This section does not apply to criminal cases.

(b) Notwithstanding IC 33-29-1-9, after any action or proceeding is docketed in a Shelby superior court or the Shelby circuit court on change of venue, all parties who have appeared in the case in person or by counsel may agree on and request a transfer from a superior court to the circuit court or from the circuit court to a superior court.

(c) Upon the agreement of all parties, the court in which the action is pending shall order the case transferred to the other court. The clerk shall transmit the original papers of the case to the other court and docket the case in the other court without any transcript being required.

(d) All further proceedings in the case shall take place in the court to which the case is transferred. If the case is one in which the prosecuting attorney is required to appear and defend and a party fails to appear or to employ counsel, the prosecuting attorney has the right to agree to the transfer instead of the nonappearing party or counsel.

[Pre-2004 Recodification Citation: 33-5-39-10.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-44-8-3 — Indiana Code / Title 33 / Article 44 / Chapter 8 / Section 33-44-8-3
Employees serve at pleasure of board
Status: in_force

Sec. 3. An employee of the board serves at the pleasure of the board.

[Pre-2004 Recodification Citation: 33-20-8-3.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-23-4-5 — Indiana Code / Title 33 / Article 23 / Chapter 4 / Section 33-23-4-5
Duties; salary
Status: in_force

Sec. 5. (a) Sitting in committee, the judges of the courts listed in section 3 of this chapter in each county shall determine the duties of the court administrator; and the court administrator shall perform the administrative duties the judges determine.

(b) The salary of the court administrator shall be determined by a majority of the judges listed in section 3 of this chapter in each county, sitting in committee. The court administrator's salary shall be paid by the county upon the order of the majority of the committee of judges.

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

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-27.3-1 — Indiana Code / Title 33 / Article 33 / Chapter 27.3 / Section 33-33-27.3-1
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 § 33-33-71-29 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-29
Judicial nominating commission; establishment
Status: in_force

Sec. 29. (a) There is established a judicial nominating commission for the St. Joseph superior court, the functions, responsibilities, and procedures of which are set forth in sections 30 through 40 of this chapter.

(b) The board of county commissioners of St. Joseph County shall provide all facilities, equipments, supplies, and services necessary for the administration of the duties imposed upon the commission. The members of this commission shall serve without compensation. However, the board of county commissioners of St. Joseph County shall reimburse members of this commission for their actual expenses incurred in performing their duties.

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

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-40-5 — Indiana Code / Title 33 / Article 33 / Chapter 40 / Section 33-33-40-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-25.9-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-30-1 — Indiana Code / Title 33 / Article 33 / Chapter 30 / Section 33-33-30-1
Judicial circuit
Status: in_force

Sec. 1. Hancock County constitutes the eighteenth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-30.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-45-31 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-31
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-29.5-32.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.204-2021, SEC.4.
Ind. Code § 33-33-87-10 — Indiana Code / Title 33 / Article 33 / Chapter 87 / Section 33-33-87-10
Judges; term
Status: in_force

Sec. 10. There shall be one (1) judge of the Warrick superior court No. 1 and one (1) judge of the Warrick superior court No. 2 who shall hold office for six (6) years, beginning on the first day of January after a judge's election and until the judge's successor is elected and qualified.

[Pre-2004 Recodification Citation: 33-5-45.5-8.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-32-4-6 — Indiana Code / Title 33 / Article 32 / Chapter 4 / Section 33-32-4-6
Improper disbursement of funds
Status: in_force

Sec. 6. If the state central collection unit or the clerk improperly disburses funds in the manner described by section 5 of this chapter, the state central collection unit or the clerk shall do the following:

(1) Deduct the amount of funds improperly disbursed from fees collected under IC 33-37-5-6.

(2) Credit each account from which funds were improperly disbursed with the amount of funds improperly disbursed under section 5 of this chapter.

(3) Notify the prosecuting attorney of the county of:

(A) the amount of the improper disbursement;

(B) the person from whom the amount of the improper disbursement should be collected; and

(C) any other information to assist the prosecuting attorney to collect the amount of the improper disbursement.

(4) Record each action taken under this subsection on a form prescribed by the state board of accounts.

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

As added by P.L.98-2004, SEC.11. Amended by P.L.148-2006, SEC.32.
Ind. Code § 33-39-7-15 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-15
Eligibility for retirement benefits
Status: in_force

Sec. 15. A participant whose employment in a position described in section 8 of this chapter is terminated is entitled to a retirement benefit computed under section 16 or 18 of this chapter, beginning on the date specified by the participant in a written application, if all of the following conditions are met:

(1) The application for retirement benefits and the choice of the retirement date is filed on a form provided by the board, and the retirement date is:

(A) after the cessation of the participant's service;

(B) on the first day of a month; and

(C) not more than six (6) months before the date the application is received by the board.

However, if the board determines that a participant is incompetent to file for benefits and choose a retirement date, the retirement date may be any date that is the first of the month after the time the participant became incompetent.

(2) The participant:

(A) is at least sixty-two (62) years of age and has at least eight (8) years of service credit;

(B) is at least fifty-five (55) years of age and the participant's age in years plus the participant's years of service is at least eighty-five (85); or

(C) has become permanently disabled.

(3) The participant is not receiving and is not entitled to receive any salary for services currently performed, except for services rendered as a senior prosecuting attorney under IC 33-39-10-1.

[Pre-2004 Recodification Citation: 33-14-9-13.]

As added by P.L.98-2004, SEC.18. Amended by P.L.33-2006, SEC.1; P.L.160-2013, SEC.4; P.L.57-2014, SEC.8.
Ind. Code § 33-23-15-2 — Indiana Code / Title 33 / Article 23 / Chapter 15 / Section 33-23-15-2
Petition for review; evidence; findings by court or department of correction
Status: in_force

Sec. 2. (a) If a person described in section 1 of this chapter:

(1) has been released from commitment; or

(2) successfully completes a treatment or rehabilitation program;

the person may petition the court (if the adjudication leading to the person's commitment, rehabilitation, or treatment program was from a court) or the department of correction (if the determination leading to the person's rehabilitation or treatment program was from a psychiatrist employed by or retained by the department of correction) to determine whether the person is prohibited from possessing a firearm because the person is not a proper person under IC 35-47-1-7(11) through IC 35-47-1-7(13).

(b) In determining whether the person is prohibited from possessing a firearm because the person is not a proper person under IC 35-47-1-7(11) through IC 35-47-1-7(13), the court or department of correction shall consider the following evidence:

(1) The facts and circumstances leading to the person being included in the category of persons to whom this chapter applies.

(2) The person's mental health and criminal history records.

(3) Evidence concerning the person's reputation, including the testimony of character witnesses.

(4) A recent mental health evaluation by a psychiatrist or psychologist licensed to practice in Indiana.

(c) If the court or the department of correction, after considering the evidence described in subsection (b), finds by clear and convincing evidence that:

(1) the person is not a danger to the person or to others;

(2) the person is not likely to act in a manner dangerous to public safety; and

(3) the requested relief would not be contrary to public interest;

the court or department of correction shall transmit its findings to the office of judicial administration, and any other information required by the office of judicial administration, for transmission to the NICS in accordance with IC 33-24-6-3.

(d) A determination under this section may be appealed only in accordance with section 3 of this chapter.

As added by P.L.110-2009, SEC.11. Amended by P.L.127-2011, SEC.2; P.L.161-2018, SEC.49.
Ind. Code § 33-38-13-14 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-14
Notice of formal proceedings
Status: in_force

Sec. 14. (a) If the commission concludes, after investigation, to institute formal proceedings against a justice or judge, the commission shall give written notice of the proceedings to the justice or judge by registered or certified mail addressed to the judge at the judge's chambers and last known residence. The proceedings must be entitled:

"BEFORE THE INDIANA JUDICIAL

QUALIFICATIONS COMMISSION

Inquiry Concerning a (Justice) Judge, No. _______".

(b) The notice must:

(1) be issued in the name of the commission;

(2) specify in ordinary and concise language the charges against the justice or judge and the alleged facts upon which the charges are based; and

(3) advise the justice or judge of the justice's or judge's right to file a written answer to the charges not more than twenty (20) days after service of the notice.

A charge is not sufficient if it merely recites the general language of the original complaint, but must specify the facts relied upon to support a particular charge.

(c) A copy of the notice shall be filed in the office of the commission.

[Pre-2004 Recodification Citation: 33-2.1-5-7.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-92-1 — Indiana Code / Title 33 / Article 33 / Chapter 92 / Section 33-33-92-1
Judicial circuit
Status: in_force

Sec. 1. Whitley County constitutes the eighty-second judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-92.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-2-6 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-6
Seal
Status: in_force

Sec. 6. The Allen superior court shall have a seal consisting of a circular disk containing the words, "Allen Superior Court", "Indiana", and "Seal", in a design as the court may determine. An impression of the seal shall be spread of record upon the order book of the superior court.

[Pre-2004 Recodification Citation: 33-5-5.1-3.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-23-16-24 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-24
Chemical testing; expenses
Status: in_force

Sec. 24. (a) A problem solving court may require an individual participating in a problem solving court program to undergo chemical testing.

(b) An individual may be liable for the cost of any or all chemical tests required by the problem solving court under subsection (a), including:

(1) laboratory expenses; and

(2) problem solving court expenses.

(c) A laboratory that performs a chemical test as ordered by a problem solving court under subsection (a) shall report the results to the problem solving court.

As added by P.L.108-2010, SEC.4.
Ind. Code § 33-37-7-5 — Indiana Code / Title 33 / Article 37 / Chapter 7 / Section 33-37-7-5
Repealed
Status: repealed

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

As added by P.L.98-2004, SEC.16. Repealed by P.L.1-2006, SEC.588.
Ind. Code § 33-33-34-4 — Indiana Code / Title 33 / Article 33 / Chapter 34 / Section 33-33-34-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-20.1-24.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.237-2005, SEC.25.
Ind. Code § 33-33-8-3 — Indiana Code / Title 33 / Article 33 / Chapter 8 / Section 33-33-8-3
Judge; location of court sessions
Status: in_force

Sec. 3. The Carroll superior court has one (1) judge who shall hold sessions in the Carroll County courthouse in Delphi or in other places in the county as the Carroll County executive may provide.

[Pre-2004 Recodification Citation: 33-5-9.5-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-28-5-12 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-12
Plan for selection of grand and petit jurors
Status: in_force

Sec. 12. (a) Under the supervision of the supervising judge, the jury administrator shall prepare a written plan for the selection of grand and petit jurors in the county. The plan must be designed to achieve the objectives of this chapter. The plan must specify the following:

(1) Source of names for the master list.

(2) Form of the master list.

(3) Method of selecting names from the master list.

(4) Methods for maintaining records of names drawn, jurors qualified, and jurors' deferrals and reasons to be deferred, including specifying any necessary forms.

(5) Method of drawing names of qualified jurors for prospective service.

(6) Procedures to be followed by prospective jurors in requesting to be deferred from jury service.

(7) Number of petit jurors that constitutes a panel for civil and criminal cases or a description of the uniform manner in which this determination is made.

(8) That upon receipt of an order for a grand jury, the jury administrator shall publicly, and in accordance with section 20 of this chapter, draw at random from the jury pool twelve (12) qualified jurors and direct them to appear before the supervising judge. The supervising judge shall randomly select six (6) jurors after:

(A) explaining to the twelve (12) prospective jurors the duties and responsibilities of a grand jury; and

(B) deferring jurors under section 18 of this chapter.

(b) The plan must be submitted by the jury administrator to the judges of the courts. The judges of the courts shall approve or direct modification of the plan not later than sixty (60) days after its receipt. If the plan is found not to comply, the court shall order the jury administrator to make the necessary changes to bring the plan into compliance. The approved plan must go into effect not later than sixty (60) days after the plan is approved by the judges of the courts.

(c) The plan may be modified at any time according to the procedure specified under this chapter.

(d) The plan is a public document on file in the office of the jury administrator and must be available for inspection at all reasonable times.

[Pre-2004 Recodification Citation: 33-4-11-12.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.10.
Ind. Code § 33-33-48-5 — Indiana Code / Title 33 / Article 33 / Chapter 48 / Section 33-33-48-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-33.1-9.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-37-5-33 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-33
Expired
Status: repealed

As added by P.L.247-2015, SEC.37. Expired 7-1-2017 by P.L.247-2015, SEC.37.
Ind. Code § 33-27-1-3 — Indiana Code / Title 33 / Article 27 / Chapter 1 / Section 33-27-1-3
"Electors"
Status: in_force

Sec. 3. "Electors" means individuals who are attorneys in good standing admitted to the practice of law in Indiana.

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

As added by P.L.98-2004, SEC.6.
Ind. Code § 33-41-1-6 — Indiana Code / Title 33 / Article 41 / Chapter 1 / Section 33-41-1-6
Powers of court reporter; taking examinations and depositions; bond; seal
Status: in_force

Sec. 6. (a) Every official circuit, superior, criminal, probate, and juvenile court reporter appointed under section 1 of this chapter may do the following:

(1) Take and certify all acknowledgments of deeds, mortgages, or other instruments of writing required or authorized by law to be acknowledged.

(2) Administer oaths generally.

(3) Take and certify affidavits, examinations, and depositions.

(4) Perform any duty conferred upon a notary public by Indiana statutes.

(b) Any official reporter taking examinations and depositions may:

(1) take them in shorthand;

(2) transcribe them into typewriting or longhand; and

(3) have them signed by the deposing witness.

(c) Before performing any official duty as authorized, an official reporter must:

(1) provide a bond as is required for notaries public; and

(2) procure a seal that will stamp a distinct impression indicating the reporter's official character, to which may be added any other device as the reporter chooses.

[Pre-2004 Recodification Citation: 33-15-24-1.]

As added by P.L.98-2004, SEC.20. Amended by P.L.201-2011, SEC.106.
Ind. Code § 33-26-3-6 — Indiana Code / Title 33 / Article 26 / Chapter 3 / Section 33-26-3-6
Jurisdiction; gaming card excise tax
Status: in_force

Sec. 6. (a) The tax court does not have jurisdiction over a case that is an appeal from a final determination made by the Indiana gaming commission under IC 4-32.3.

(b) The tax court has jurisdiction over a case that is an appeal from a final determination made by the department of state revenue concerning the gaming card excise tax established under IC 4-32.3-10.

[Pre-2004 Recodification Citation: 33-3-5-2.]

As added by P.L.98-2004, SEC.5. Amended by P.L.91-2006, SEC.11; P.L.58-2019, SEC.28.
Ind. Code § 33-42-0.5-25 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-25
"Record"
Status: in_force

Sec. 25. "Record" means retrievable information that is:

(1) memorialized upon a tangible medium; or

(2) stored electronically.

As added by P.L.59-2018, SEC.32.
Ind. Code § 33-43-1-4 — Indiana Code / Title 33 / Article 43 / Chapter 1 / Section 33-43-1-4
Authority
Status: in_force

Sec. 4. Until superseded by another attorney or discharged, an attorney may do the following:

(1) Bind the attorney's client in an action or a special proceeding, by the attorney's agreement that is either filed with the clerk or entered upon the minutes of the court.

(2) Receive money claimed by the attorney's client during the pendency of an action or a special proceeding.

(3) Discharge a claim or acknowledge satisfaction of a judgment after the money claimed has been received under subdivision (2).

[Pre-2004 Recodification Citation: 33-21-1-4.]

As added by P.L.98-2004, SEC.22.
Ind. Code § 33-33-38-2 — Indiana Code / Title 33 / Article 33 / Chapter 38 / Section 33-33-38-2
Establishment of standard superior court
Status: in_force

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

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

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

[Pre-2004 Recodification Citation: 33-5-25.7-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-10-1.1 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-1.1
Application
Status: in_force

Sec. 1.1. IC 33-29-1 does not apply to this chapter.

As added by P.L.138-2020, SEC.2.
Ind. Code § 33-33-84-3 — Indiana Code / Title 33 / Article 33 / Chapter 84 / Section 33-33-84-3
Establishment of superior court; judges
Status: in_force

Sec. 3. There is established a court of record to be known as the Vigo superior court. The superior court has five (5) judges who shall hold their office for six (6) years and until their successors have been elected and qualified.

[Pre-2004 Recodification Citation: 33-5-44.1-1.]

As added by P.L.98-2004, SEC.12. Amended by P.L.246-2005, SEC.223.
Ind. Code § 33-33-87-5 — Indiana Code / Title 33 / Article 33 / Chapter 87 / Section 33-33-87-5
Force and effect of superior court actions
Status: in_force

Sec. 5. Each superior court's judgments, decrees, orders, and proceedings have the same force and effect and shall be enforced in the same manner as those of the circuit court.

[Pre-2004 Recodification Citation: 33-5-45.5-3.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-42-17-11 — Indiana Code / Title 33 / Article 42 / Chapter 17 / Section 33-42-17-11
Electronic data base of remote notaries public and technology vendors
Status: in_force

Sec. 11. The secretary of state shall maintain on the secretary of state's Internet web site an electronic data base of active:

(1) remote notaries public; and

(2) vendors of technology that are approved by the secretary of state under section 6 of this chapter.

As added by P.L.59-2018, SEC.64.
Ind. Code § 33-25-4-7 — Indiana Code / Title 33 / Article 25 / Chapter 4 / Section 33-25-4-7
Additional powers
Status: in_force

Sec. 7. (a) When acting in an official capacity, a court marshal and a deputy court marshal may:

(1) act as security for judicial officers and court staff in any county in Indiana;

(2) use any force necessary to carry out the duties described in section 6 of this chapter;

(3) carry a weapon, including a firearm, on public and private property; and

(4) access the following information for official court security purposes only:

(A) Criminal history record information, including limited and full records, obtained through state or federal criminal justice information systems.

(B) Records of the bureau of motor vehicles, including driver's license information, vehicle registration data, and associated identifying information.

(C) Sensitive law enforcement intelligence information, including threat assessments, alerts, bulletins, and intelligence products, when the information:

(i) relates to the safety and security of a court of appeals and the tax court judge, court staff, court facilities, or court proceedings; and

(ii) is provided by, or accessed through, a law enforcement agency or criminal justice information system authorized to disseminate the information.

(b) Information described under subsection (a)(4)(C) may only be accessed in relation to a threat assessment, officer safety, protective operations, and the prevention or mitigation of threats to court security. A court marshal or a deputy court marshal shall comply with all applicable state and federal laws, rules, and policies governing the access, use, dissemination, retention, and confidentiality of the information obtained. Unauthorized access, use, or dissemination of information obtained under subsection (a)(4)(C) is prohibited.

(c) A court marshal and a deputy court marshal have limited police powers, including a limited power to detain, to carry out the requirements of this chapter. A court marshal or a deputy court marshal shall notify the local law enforcement agency as soon as practicable when a security threat is detected. A court marshal and a deputy court marshal may not respond to local emergencies or incidents not related to court security. A court marshal and a deputy court marshal shall defer to local law enforcement to effect any arrest necessary, including the processing of an individual or pursuit of criminal charges.

As added by P.L.139-2026, SEC.8.
Ind. Code § 33-37-4-3 — Indiana Code / Title 33 / Article 37 / Chapter 4 / Section 33-37-4-3
Juvenile costs fee; additional fees
Status: in_force

Sec. 3. (a) The clerk shall collect a juvenile costs fee of one hundred twenty dollars ($120) for each action filed under any of the following:

(1) IC 31-34 (children in need of services).

(2) IC 31-37 (delinquent children).

(3) IC 31-14 (paternity).

(b) In addition to the juvenile 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 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) An alcohol and drug countermeasures fee (IC 33-37-5-10).

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

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

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

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

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

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

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

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

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

(1) The marijuana eradication program fee (IC 33-37-5-7).

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

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

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

[Pre-2004 Recodification Citation: 33-19-5-3.]

As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004, SEC.18; P.L.95-2004, SEC.6; P.L.2-2005, SEC.102; P.L.176-2005, SEC.6; P.L.85-2017, SEC.110.
Ind. Code § 33-33-6-5 — Indiana Code / Title 33 / Article 33 / Chapter 6 / Section 33-33-6-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-9-8.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-44-6-6 — Indiana Code / Title 33 / Article 44 / Chapter 6 / Section 33-44-6-6
Statement of depository financial institution required upon remittance
Status: in_force

Sec. 6. A depository financial institution shall transmit a statement to:

(1) the board; and

(2) the attorney who maintains the interest bearing attorney trust account;

when the depository financial institution remits interest under section 4 of this chapter.

[Pre-2004 Recodification Citation: 33-20-6-6.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-29-5-5 — Indiana Code / Title 33 / Article 29 / Chapter 5 / Section 33-29-5-5
Change of venue; transfers to circuit court
Status: reserved

Sec. 5. When any reason for a change of venue is shown to exist from any of the judges, the remaining judge or judges alone shall act. However, when all the judges are incompetent to act, the case shall be transferred to the circuit court of the county.

[Pre-2004 Recodification Citation: 33-5-3.5-5.]

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-29-6-2 — Indiana Code / Title 33 / Article 29 / Chapter 6 / Section 33-29-6-2
Transfers from circuit court to superior court; grounds
Status: in_force

Sec. 2. In all counties with circuit and superior courts, the judge of the circuit court may, with the consent of the judge of the superior court, transfer any action, cause, or proceedings 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, provided the action, cause, or proceeding could have been originally filed and docketed in the superior court, in any of the following instances:

(1) Whenever more cases are filed in the circuit court during any year than can be disposed of with expedition.

(2) In all other cases where, in the opinion of the circuit court judge, an early disposition of the case is required.

[Pre-2004 Recodification Citation: 33-5-4-2.]

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-42-10-4 — Indiana Code / Title 33 / Article 42 / Chapter 10 / Section 33-42-10-4
Effect of official seal
Status: in_force

Sec. 4. A notary public's official seal, when properly:

(1) executed; and

(2) affixed, associated, or attached to a record;

shall make the record self-authenticating for the purpose of a court proceeding.

As added by P.L.128-2017, SEC.19.
Ind. Code § 33-26-6-1 — Indiana Code / Title 33 / Article 26 / Chapter 6 / Section 33-26-6-1
Trial without jury; adoption of rules and procedures
Status: in_force

Sec. 1. (a) The tax court shall try each original tax appeal without the intervention of a jury.

(b) The tax court shall adopt rules and procedures under which original tax appeals are heard and decided.

[Pre-2004 Recodification Citation: 33-3-5-13.]

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-37-5-16 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-16
Judgments; collection, transfer, and deposit of funds
Status: in_force

Sec. 16. In addition to any other duties, a clerk shall do the following:

(1) Collect and transfer additional judgments to a county auditor under IC 9-18-2-41 (before its expiration) or IC 34-28-5-17.

(2) Deposit funds collected as judgments in the state highway fund under IC 9-20-18-12.

(3) Deposit funds in the conservation officers fish and wildlife fund under IC 14-22.

(4) Deposit funds collected as judgments in the state general fund under IC 34-28-5-4.

[Pre-2004 Recodification Citation: 33-19-6-15.5.]

As added by P.L.98-2004, SEC.16. Amended by P.L.195-2014, SEC.48; P.L.198-2016, SEC.664.
Ind. Code § 33-33-53-1 — Indiana Code / Title 33 / Article 33 / Chapter 53 / Section 33-33-53-1
Judicial circuit; judges; court abolishment
Status: in_force

Sec. 1. (a) Monroe County constitutes the tenth judicial circuit.

(b) There are nine (9) judges of the Monroe circuit court. This subsection expires December 31, 2026.

(c) Beginning January 1, 2027, there are eight (8) judges of the Monroe circuit court.

(d) Monroe County circuit court division 2, seat 6 is abolished on December 31, 2026.

[Pre-2004 Recodification Citation: 33-4-1-53.]

As added by P.L.98-2004, SEC.12. Amended by P.L.237-2005, SEC.20; P.L.224-2025, SEC.12.
Ind. Code § 33-33-64-17 — Indiana Code / Title 33 / Article 33 / Chapter 64 / Section 33-33-64-17
Additional personnel; administrative officer
Status: in_force

Sec. 17. The Porter superior court shall, when it believes it is necessary, appoint additional personnel for the proper administration of the court, including but not limited to an administrative officer who shall operate under the jurisdiction of the presiding judge.

[Pre-2004 Recodification Citation: 33-5-38-25.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-6-19 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-19
Fund construed as a trust
Status: in_force

Sec. 19. The fund shall be construed to be a trust, separate and distinct from all other entities, maintained to secure payment of benefits to the participants and their beneficiaries, as prescribed in IC 33-38-7 and IC 33-38-8.

[Pre-2004 Recodification Citation: 33-13-8-17.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-89.3-12 — Indiana Code / Title 33 / Article 33 / Chapter 89.3 / Section 33-33-89.3-12
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-48-15.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.