Ind. Code § 33-42-0.5-28 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-28
"Remote presentation"
Status: in_force

Sec. 28. "Remote presentation" means an electronic transmission:

(1) by a principal;

(2) to a remote notary public; and

(3) of an image:

(A) of a credential; and

(B) that is of sufficient quality to allow for use of the image in credential analysis to identify the principal.

As added by P.L.59-2018, SEC.35.
Ind. Code § 33-38-9.5-5 — Indiana Code / Title 33 / Article 38 / Chapter 9.5 / Section 33-38-9.5-5
Purpose of local or regional advisory council
Status: in_force

Sec. 5. A local or regional advisory council shall promote:

(1) the use of evidence based practices; and

(2) the best practices of community based alternatives and recidivism reduction programs, including:

(A) probation services;

(B) problem solving courts;

(C) mental health and addiction treatment and recovery services;

(D) pretrial services;

(E) community corrections;

(F) evidence based recidivism reduction programs for currently incarcerated persons;

(G) other rehabilitation alternatives; and

(H) the incorporation of evidence based decision making into decisions concerning jail overcrowding.

As added by P.L.30-2021, SEC.4.
Ind. Code § 33-33-18-5 — Indiana Code / Title 33 / Article 33 / Chapter 18 / Section 33-33-18-5
Presiding judge; duties
Status: in_force

Sec. 5. In accordance with rules adopted by the judges of the Delaware circuit court under section 6 of this chapter, the presiding judge shall do the following:

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

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

(A) Operation of the Delaware circuit court's probation department.

(B) Defense of indigents.

(C) Maintenance of an adequate law library.

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

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

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-49-33 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-33
Court administrator
Status: in_force

Sec. 33. (a) The executive committee selected under section 14 of this chapter (before its repeal) or section 14.1 of this chapter shall employ a court administrator to administer the business activities of the court. A court administrator is subject to rules of the court and oversight by the executive committee.

(b) The salary of the court administrator shall be set by the executive committee.

[Pre-2004 Recodification Citation: 33-5.1-3-1.]

As added by P.L.98-2004, SEC.12. Amended by P.L.33-2005, SEC.2; P.L.76-2026, SEC.21.
Ind. Code § 33-39-2-7 — Indiana Code / Title 33 / Article 39 / Chapter 2 / Section 33-39-2-7
Youth mentoring program
Status: in_force

Sec. 7. (a) A prosecuting attorney may establish and administer a youth mentoring program.

(b) To establish or administer a youth mentoring program described in subsection (a), a prosecuting attorney may:

(1) establish and administer an organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;

(2) provide staff and material support to the organization; and

(3) receive and expend charitable contributions, appropriations, and federal, state, local, or private grants.

(c) The prosecuting attorney shall provide an annual report to the county fiscal body concerning the youth mentoring program established under subsection (a). The youth mentoring program is subject to audit by the state board of accounts.

As added by P.L.119-2007, SEC.4.
Ind. Code § 33-35-5-10 — Indiana Code / Title 33 / Article 35 / Chapter 5 / Section 33-35-5-10
Appeals from certain city courts; procedure
Status: in_force

Sec. 10. (a) A party in a civil action who desires to take an appeal from the city court of the three (3) cities having the largest populations in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) shall file a bond, to the approval of the city court, within thirty (30) days after the date of rendition of final judgment, and the motion to correct errors within ten (10) days after the rendition of final judgment. The transcript and motion shall be filed in the court to which the appeal is taken within thirty (30) days after the motion has been signed by the court.

(b) All errors saved shall be reviewed as far as justice warrants, and for that purpose, a complete transcript of all the evidence is not required. An error occurring during the trial, not excepted to at the time, may be made available upon appeal by setting it forth in a motion for a new trial. Upon application within the time fixed, either of the parties to the suit may obtain either:

(1) a correct statement, to be prepared by the party requesting the signing of the same, of the facts in a narrative form appearing on the trial and of all questions of law involved in the case and the decisions of the court upon the questions of law; or

(2) a correct stenographic report;

and the expense of procuring the correct statement or correct stenographic report shall be paid by the party requesting the correct statement or correct stenographic report.

(c) The appeal shall be:

(1) submitted on the date filed in the court to which the appeal is taken;

(2) advanced on the docket of that court; and

(3) as determined at the earliest practical date, without any extension of time for filing of briefs;

but the court to which an appeal is taken may, on application, hear oral arguments.

(d) If judgment is affirmed on appeal, it may be increased by ten percent (10%), in addition to any interest that may be allowed, if the appeal is found to be frivolous.

(e) A change of venue may be taken from the judge to whom the case is appealed as provided by law for taking changes of venue from the judge of the circuit court.

(f) The court to which an appeal is taken shall render its opinion in abbreviated form by simply citing the controlling authorities in the case, unless it appears that some new question of practice, procedure, or law is involved that would warrant a more extensive opinion.

[Pre-2004 Recodification Citation: 33-10.1-5-10.]

As added by P.L.98-2004, SEC.14. Amended by P.L.11-2023, SEC.107.
Ind. Code § 33-27-2-7 — Indiana Code / Title 33 / Article 27 / Chapter 2 / Section 33-27-2-7
Personnel; appropriations
Status: in_force

Sec. 7. (a) The judicial nominating commission may employ investigators and other experts that the commission determines are necessary to carry out its functions and purposes. The commission may employ special counsel in a proceeding if the commission determines the employment is advisable.

(b) The office of judicial administration shall serve the judicial nominating commission in performing the commission's statutory and constitutional functions.

(c) The general assembly may appropriate the sums it considers necessary for expenses that may be incurred in the administration of this article.

[Pre-2004 Recodification Citation: 33-2.1-4-12.]

As added by P.L.98-2004, SEC.6. Amended by P.L.161-2018, SEC.71.
Ind. Code § 33-33-88-2 — Indiana Code / Title 33 / Article 33 / Chapter 88 / Section 33-33-88-2
Establishment of standard superior court
Status: in_force

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

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

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

[Pre-2004 Recodification Citation: 33-5-45.8-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-24-3-1 — Indiana Code / Title 33 / Article 24 / Chapter 3 / Section 33-24-3-1
Court rules; adoption and publication
Status: in_force

Sec. 1. The supreme court shall adopt and publish rules in conformity with IC 33-24-1-2(b) specifying the terms and conditions under which the supreme court and the court of appeals exercise jurisdiction.

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

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-40-1-6 — Indiana Code / Title 33 / Article 40 / Chapter 1 / Section 33-40-1-6
Claims for salary or expenses; appropriation
Status: in_force

Sec. 6. All claims for salary or other expenses authorized by this chapter shall be allowed and approved by the supreme court. There is appropriated annually out of funds of the state not otherwise appropriated a sufficient amount to pay salaries and expenses authorized by this chapter.

[Pre-2004 Recodification Citation: 33-1-7-6.]

As added by P.L.98-2004, SEC.19.
Ind. Code § 33-33-35-1 — Indiana Code / Title 33 / Article 33 / Chapter 35 / Section 33-33-35-1
Judicial circuit
Status: in_force

Sec. 1. Huntington County constitutes the fifty-sixth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-35.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-40-7-5 — Indiana Code / Title 33 / Article 40 / Chapter 7 / Section 33-40-7-5
Comprehensive plan
Status: in_force

Sec. 5. (a) The board, or joint board of a multicounty public defender's office created under section 3.5 of this chapter, shall prepare a comprehensive plan that must include at least one (1) of the following methods of providing legal defense services to indigent persons:

(1) Establishing a county or multicounty public defender's office.

(2) Contracting with an attorney, a group of attorneys, or a private organization.

(3) Using an assigned counsel system of panel attorneys for case by case appointments under section 9 of this chapter.

(4) In a county described in section 1(5) of this chapter, establishing a public defender's office for the criminal division of the superior court.

(b) The plan prepared under subsection (a) shall be submitted to the Indiana commission on court appointed attorneys.

(c) If a multicounty public defender's joint board is established under section 3.5 of this chapter, the comprehensive plan shall establish a multicounty public defender's office.

[Pre-2004 Recodification Citation: 33-9-15-5.]

As added by P.L.98-2004, SEC.19. Amended by P.L.69-2019, SEC.6; P.L.104-2022, SEC.139; P.L.111-2024, SEC.13.
Ind. Code § 33-41-1-7 — Indiana Code / Title 33 / Article 41 / Chapter 1 / Section 33-41-1-7
Small claims courts; transcript fee
Status: in_force

Sec. 7. (a) This section applies to the small claims court established under IC 33-34.

(b) The person who is designated by a judge of the court 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.20.
Ind. Code § 33-33-72-1 — Indiana Code / Title 33 / Article 33 / Chapter 72 / Section 33-33-72-1
Judicial circuit; magistrate
Status: in_force

Sec. 1. (a) Scott County constitutes the sixth judicial circuit.

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

[Pre-2004 Recodification Citation: 33-4-1-71.]

As added by P.L.98-2004, SEC.12. Amended by P.L.156-2018, SEC.4.
Ind. Code § 33-33-89.3-8 — Indiana Code / Title 33 / Article 33 / Chapter 89.3 / Section 33-33-89.3-8
Location of court sessions
Status: in_force

Sec. 8. (a) The court shall hold its sessions in a place to be determined and provided 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 suitable and convenient courtroom for holding the court and suitable and convenient jury room and offices for the judge, official court reporter, and staff of the court; and

(2) shall provide all necessary furniture and equipment for the rooms, offices, and employees of the court and all necessary dockets, books, and records for the court.

(c) The county council shall make all necessary appropriations from the general fund of the county for the purpose of carrying out this chapter.

[Pre-2004 Recodification Citation: 33-5-48-10.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-9-1 — Indiana Code / Title 33 / Article 38 / Chapter 9 / Section 33-38-9-1
"Judicial conference" defined
Status: in_force

Sec. 1. As used in this chapter, "judicial conference" refers to the judicial conference of Indiana established by section 3 of this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-38-5-1 — Indiana Code / Title 33 / Article 38 / Chapter 5 / Section 33-38-5-1
Appropriation; state general fund contributions
Status: in_force

Sec. 1. There is appropriated from the state general fund a sufficient amount to pay the state general fund contributions under this chapter.

[Pre-2004 Recodification Citation: 33-13-12-2.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-38-13-12 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-12
Complaint
Status: in_force

Sec. 12. (a) A complaint filed with the commission must be in writing and directed to the commission or to any member of the commission.

(b) A specified form of complaint may not be required.

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

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-3-2 — Indiana Code / Title 33 / Article 33 / Chapter 3 / Section 33-33-3-2
Establishment of standard superior courts
Status: in_force

Sec. 2. (a) There are created two (2) courts of record to be known as Bartholomew superior court No. 1 and Bartholomew superior court No. 2.

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

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

[Pre-2004 Recodification Citation: 33-5-8-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-39-4 — Indiana Code / Title 33 / Article 33 / Chapter 39 / Section 33-33-39-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-25.8-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-25-3-9 — Indiana Code / Title 33 / Article 25 / Chapter 3 / Section 33-25-3-9
Seal of court
Status: in_force

Sec. 9. The court of appeals shall have a seal:

(1) designed and provided by the secretary of state at the expense of the state; and

(2) that contains the title of the court on the face of the seal.

[Pre-2004 Recodification Citation: 33-3-1-4.]

As added by P.L.98-2004, SEC.4.
Ind. Code § 33-36-3-6 — Indiana Code / Title 33 / Article 36 / Chapter 3 / Section 33-36-3-6
Court costs fee; admitted ordinance violations
Status: in_force

Sec. 6. (a) An ordinance violation admitted under this article does not constitute a judgment for the purposes of IC 33-37. An ordinance violation costs fee may not be collected from the defendant under IC 33-37-4.

(b) An ordinance violation processed under this chapter may not be considered for the purposes of IC 33-37-7-6 when determining the percentage of ordinance violations prosecuted in certain courts.

[Pre-2004 Recodification Citation: 33-6-3-5.]

As added by P.L.98-2004, SEC.15. Amended by P.L.1-2010, SEC.134.
Ind. Code § 33-39-12-2 — Indiana Code / Title 33 / Article 39 / Chapter 12 / Section 33-39-12-2
"Giglio designee"
Status: in_force

Sec. 2. As used in this chapter, "Giglio designee" means the person in a law enforcement agency who is responsible for handling Giglio issues.

As added by P.L.93-2025, SEC.1.
Ind. Code § 33-33-71-48 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-48
Confidentiality of proceedings
Status: in_force

Sec. 48. (a) All papers filed with and proceedings had before the commission on judicial qualifications before the institution of formal proceedings are confidential unless the judge against whom a complaint has been filed elects to have the information divulged or unless the commission elects to answer publicly disseminated statements issued by any complainant.

(b) All papers filed with the commission on judicial qualifications at the time of or after the institution of formal proceedings are open for public inspection at all reasonable times. Records of proceedings are open for public inspection at all reasonable times. All hearings and proceedings before the commission on judicial qualifications are open to the public.

[Pre-2004 Recodification Citation: 33-5-40-52.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-34-13 — Indiana Code / Title 33 / Article 33 / Chapter 34 / Section 33-33-34-13
Rules; presiding judge
Status: in_force

Sec. 13. (a) The court shall adopt rules to provide for the operation and conduct of the court.

(b) The court shall designate one (1) of the judges as presiding judge who shall serve in that capacity for three (3) years, at the end of which another judge shall be selected to serve as presiding judge for the same period. The presiding judge shall ensure that the court operates efficiently and judicially.

[Pre-2004 Recodification Citation: 33-5-20.1-19.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-46-7 — Indiana Code / Title 33 / Article 33 / Chapter 46 / Section 33-33-46-7
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-31.1-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-72-2 — Indiana Code / Title 33 / Article 33 / Chapter 72 / Section 33-33-72-2
Establishment of standard superior court
Status: in_force

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

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

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

[Pre-2004 Recodification Citation: 33-5-38.9-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-5-4 — Indiana Code / Title 33 / Article 33 / Chapter 5 / Section 33-33-5-4
Personnel; court abolishment
Status: in_force

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

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

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

(b) Personnel appointed under this section and IC 33-29-1-5 continue in office until removed by the judge of the court.

(c) The Blackford superior court is abolished on December 31, 2028.

(d) This section expires January 1, 2029.

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

As added by P.L.98-2004, SEC.12. Amended by P.L.224-2025, SEC.5.
Ind. Code § 33-25-1-3 — Indiana Code / Title 33 / Article 25 / Chapter 1 / Section 33-25-1-3
Residency requirements for judges
Status: in_force

Sec. 3. (a) Judges of the First, Second, and Third Districts of the court of appeals must have resided in their respective districts before appointment to the court. However, judges of the court of appeals appointed before July 1, 1993, must reside in the district from which they are appointed.

(b) The following requirements apply to judges of the Fourth and Fifth Districts of the court of appeals:

(1) One (1) judge must have resided in the First District before appointment to the court.

(2) One (1) judge must have resided in the Second District before appointment to the court.

(3) One (1) judge must have resided in the Third District before appointment to the court.

(c) When a vacancy is created in the court of appeals, the individual who is appointed by the governor to fill the vacancy must be a resident of the district in which the vacancy occurred.

[Pre-2004 Recodification Citation: 33-2.1-2-3.]

As added by P.L.98-2004, SEC.4.
Ind. Code § 33-33-86-1 — Indiana Code / Title 33 / Article 33 / Chapter 86 / Section 33-33-86-1
Judicial circuit
Status: in_force

Sec. 1. Warren County constitutes the twenty-first judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-86.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.95.
Ind. Code § 33-42-0.5-19 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-19
"Notarial officer"
Status: in_force

Sec. 19. "Notarial officer" means an individual authorized under IC 33-42-9-7(a) to perform a notarial act.

As added by P.L.59-2018, SEC.26.
Ind. Code § 33-23-6-2 — Indiana Code / Title 33 / Article 23 / Chapter 6 / Section 33-23-6-2
Alternative dispute resolution fund; establishment; purpose; considerations
Status: in_force

Sec. 2. (a) In each county participating in the program under this chapter, there is established an alternative dispute resolution fund for each of the following:

(1) The circuit court.

(2) The superior court.

(3) The probate court established by IC 33-31-1.

(b) Notwithstanding subsection (a), if more than one (1) court exercises jurisdiction over domestic relations and paternity cases in a county, one (1) alternative dispute resolution fund may be established to be used by all the courts to implement this chapter if:

(1) the:

(A) county auditor; and

(B) judge of each court that exercises jurisdiction over domestic relations and paternity cases in the county;

agree to establish one (1) fund; and

(2) the agreement to establish the fund is included in the plan adopted by the county under section 3 of this chapter.

(c) The sources of money for each fund established under subsection (a) or (b) are:

(1) the alternative dispute resolution fee collected under section 1 of this chapter for the circuit court, superior court, or probate court, respectively; and

(2) copayments collected under subsection (d) if:

(A) a county chooses to deposit the copayments into the fund; and

(B) the county specifies in the plan adopted by the county under section 3 of this chapter that the copayments will be deposited in the fund.

(d) The funds shall be used to foster domestic relations alternative dispute resolution, including:

(1) mediation;

(2) reconciliation;

(3) nonbinding arbitration;

(4) parental counseling; and

(5) guardian ad litem services.

Litigants referred by the court to services covered by the fund shall make a copayment for the services in an amount determined by the court based on the litigants' ability to pay. The fund shall be administered by the circuit, superior, or probate court that exercises jurisdiction over domestic relations and paternity cases in the county. A fund used by multiple courts under subsection (b) shall be administered jointly by all the courts using the fund. Money in each fund at the end of a fiscal year does not revert to the county general fund but remains in the fund for the uses specified in this section.

(e) Each circuit, superior, or probate court that administers an alternative dispute resolution fund shall ensure that money in the fund is disbursed in a manner that primarily benefits those litigants who have the least ability to pay, in accordance with the plan adopted by the county under section 3 of this chapter.

(f) If a party is currently charged with or has been convicted of a crime under IC 35-42, the court must make a determination that participation in services provided by this fund does not pose an unreasonable risk of harm to any party.

[Pre-2004 Recodification Citation: 33-4-13-2.]

As added by P.L.98-2004, SEC.2. Amended by P.L.55-2005, SEC.1; P.L.142-2020, SEC.51; P.L.151-2023, SEC.3.
Ind. Code § 33-38-8-21 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-21
Service credit; contributions for service as judge or full-time magistrate
Status: in_force

Sec. 21. (a) A judge or, after December 31, 2010, a judge or full-time magistrate, is entitled to a month of service credit for services performed in any fraction of a calendar month. However, a judge or, after December 31, 2010, a judge or full-time magistrate, is not entitled to more than one (1) month of credit for services performed in a calendar month.

(b) Except as otherwise provided in this chapter, if a judge is elected or appointed and serves one (1) or more terms or part of a term then retires from office but at a later period or periods is appointed or elected and serves as judge, the judge shall pay into the fund during all the periods served as judge, whether the periods are served consecutively or not.

(c) Except as otherwise provided in this chapter, a judge is not required to pay into the fund:

(1) at any time when the judge is not serving as judge; or

(2) during any period of service as a senior judge under IC 33-23-3.

(d) Except as otherwise provided in this chapter, after December 31, 2010, a full-time magistrate:

(1) shall pay into the fund during all periods served as a full-time magistrate, whether the periods are served consecutively or not; and

(2) is not required to pay into the fund at any time when the magistrate is not serving as a full-time magistrate.

As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.20.
Ind. Code § 33-38-10-2 — Indiana Code / Title 33 / Article 38 / Chapter 10 / Section 33-38-10-2
Persons who may act as private judge
Status: in_force

Sec. 2. (a) A person who:

(1) has been but is not currently a judge of a circuit, superior, criminal, probate, municipal, or county court and has served in the capacity of judge for at least four (4) consecutive years;

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

(3) is a resident of Indiana;

may act as judge for certain cases under this chapter.

(b) A person may act as a judge of a case under this chapter only if:

(1) all parties to the action file a written petition with the chief administrative officer of the office of judicial administration consenting to the case being heard by a private judge, and naming the person whom the parties wish to have as private judge;

(2) the case is one over which the court in which the former judge served would have had subject matter and monetary jurisdiction;

(3) the case is founded exclusively on contract, tort, or a combination of contract and tort; and

(4) the case is one in which a utility (as defined in IC 8-1-2-1) is not a party.

[Pre-2004 Recodification Citation: 33-13-15-2.]

As added by P.L.98-2004, SEC.17. Amended by P.L.161-2018, SEC.100.
Ind. Code § 33-38-8-23 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-23
Credit for prior service as member of Indiana public employees' retirement fund; rollover distributions; trustee to trustee transfers
Status: in_force

Sec. 23. (a) This section applies only to a person who:

(1) is:

(A) a judge; or

(B) after December 31, 2010, a judge or full-time magistrate;

participating under this chapter;

(2) before becoming:

(A) a judge; or

(B) after December 31, 2010, a judge or full-time magistrate;

was a member of a public employees' retirement fund;

(3) received credited service under a public employees' retirement fund for the employment described in subdivision (2), and the credited service is not eligible for service credit under section 22 or 22.5 of this chapter;

(4) has not attained vested status under a public employees' retirement fund for the employment described in subdivision (2); and

(5) has at least eight (8) years of service credit in the judges' retirement system.

(b) If a person becomes a participant in the judges' 1985 benefit system under this chapter, credit for service described in subsection (a) shall be granted under this chapter by the board if:

(1) the prior service was credited under a public employees' retirement fund; and

(2) the judge or full-time magistrate pays in a lump sum or in a series of payments determined by the board, not exceeding five (5) annual payments, the amount determined by the actuary for the judges' 1985 benefit system as the total cost of the service.

(c) If the requirements of subsection (b) are not satisfied, a participant is entitled to credit only for years of service after the date of participation in the judges' 1985 benefit system.

(d) An amortization schedule for contributions paid under this section must include interest at a rate determined by the board.

(e) If the requirements of subsection (b) are satisfied, the appropriate board shall transfer from the retirement fund described in subsection (a)(2) to the judges' 1985 benefit system the amount credited to the judge's or full-time magistrate's annuity savings account and the present value of the retirement benefit payable at sixty-five (65) years of age that is attributable to the transferring participant.

(f) The amount a participant must contribute to the judges' 1985 benefit system under subsection (b) shall be reduced by the amount transferred to the judges' 1985 benefit system by the appropriate board under subsection (e).

(g) If the requirements of subsection (b) are satisfied, credit for prior service in a public employees' retirement fund that is purchased under this section is waived.

(h) To the extent permitted by the Internal Revenue Code and the applicable regulations, the judges' 1985 benefit system may accept, on behalf of a participant who is purchasing permissive service credit under subsection (b), a rollover of a distribution from any of the following:

(1) A qualified plan described in Section 401(a) or Section 403(a) of the Internal Revenue Code.

(2) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.

(3) An eligible plan that is maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or political subdivision of a state under Section 457(b) of the Internal Revenue Code.

(4) An individual retirement account or annuity described in Section 408(a) or Section 408(b) of the Internal Revenue Code.

(i) To the extent permitted by the Internal Revenue Code and the applicable regulations, the judges' 1985 benefit system may accept, on behalf of a participant who is purchasing permissive service credit under subsection (b), a trustee to trustee transfer from any of the following:

(1) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.

(2) An eligible deferred compensation plan under Section 457(b) of the Internal Revenue Code.

[Pre-2004 Recodification Citation: 33-13-10.1-14.5.]

As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.23; P.L.16-2011, SEC.8.
Ind. Code § 33-33-30-2 — Indiana Code / Title 33 / Article 33 / Chapter 30 / Section 33-33-30-2
Establishment of standard superior courts
Status: in_force

Sec. 2. (a) There are established two (2) superior courts of record to be known as the Hancock superior court No. 1 and the Hancock superior court No. 2.

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

(c) Hancock county comprises the judicial district of each court.

[Pre-2004 Recodification Citations: 33-5-23-1; 33-5-23-10.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-23-15-3 — Indiana Code / Title 33 / Article 23 / Chapter 15 / Section 33-23-15-3
Judicial review of decision
Status: in_force

Sec. 3. (a) A person who receives an adverse decision under section 2 of this chapter may seek review of the decision by filing, not later than thirty (30) days after receiving the adverse decision, an action for review:

(1) in the court of conviction, if the adverse decision was made by the department of correction; or

(2) in a circuit or superior court in a county adjacent to the county in which the court rendered the adverse decision, if the adverse decision was made by a court.

(b) The court hearing an action for review filed under this section shall conduct the review hearing de novo. The hearing shall be conducted in accordance with section 2 of this chapter.

(c) The determination of a court under this section is a final appealable order.

As added by P.L.110-2009, SEC.11. Amended by P.L.1-2010, SEC.131.
Ind. Code § 33-38-13-16 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-16
Setting for hearing before commission or masters
Status: in_force

Sec. 16. (a) Upon the filing of or the expiration of time for filing an answer, the commission shall:

(1) hold a hearing concerning the discipline, retirement, or removal of the justice or judge; or

(2) request the supreme court to appoint three (3) active or retired justices or judges of courts of record as special masters to hear and take evidence and report to the commission.

(b) The commission shall:

(1) set a date, time, and place for a hearing under subsection (a); and

(2) give notice of the hearing by registered or certified mail to the justice or judge, the masters, and the counsel not less than twenty (20) days before the date of the hearing.

[Pre-2004 Recodification Citation: 33-2.1-5-9.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-34-2-2 — Indiana Code / Title 33 / Article 34 / Chapter 2 / Section 33-34-2-2
Qualifications
Status: in_force

Sec. 2. A judge must meet the qualifications prescribed by IC 3-8-1-30.

[Pre-2004 Recodification Citation: 33-11.6-3-2.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-33-10-5.1 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-5.1
Expired
Status: repealed

As added by P.L.138-2020, SEC.8. Expired 1-1-2025 by P.L.138-2020, SEC.8.
Ind. Code § 33-33-55-4 — Indiana Code / Title 33 / Article 33 / Chapter 55 / Section 33-33-55-4
Standard superior court
Status: in_force

Sec. 4. (a) Except as otherwise provided in this chapter, the Morgan superior court is a standard superior court as described in IC 33-29-1.

(b) Morgan County constitutes the judicial district of the court.

[Pre-2004 Recodification Citation: 33-5-37-2.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-69-2 — Indiana Code / Title 33 / Article 33 / Chapter 69 / Section 33-33-69-2
Establishment of standard superior court
Status: in_force

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

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

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

[Pre-2004 Recodification Citation: 33-5-38.7-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-90-2 — Indiana Code / Title 33 / Article 33 / Chapter 90 / Section 33-33-90-2
Establishment of standard superior court
Status: in_force

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

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

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

[Pre-2004 Recodification Citation: 33-5-48.5-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-22-5 — Indiana Code / Title 33 / Article 33 / Chapter 22 / Section 33-33-22-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-18.1-3.]

As added by P.L.98-2004, SEC.12. Amended by P.L.82-2010, SEC.5. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-38-11-5 — Indiana Code / Title 33 / Article 38 / Chapter 11 / Section 33-38-11-5
Powers; criminal jury trial
Status: in_force

Sec. 5. In a criminal jury trial referred to a temporary judge by the judge of the court, the temporary judge may conduct the trial, receive the verdict of the jury, conduct all sentencing hearings, and make all final judgments. However, if the criminal case is a case in which the defendant is being tried for a felony, the judge of the court shall:

(1) make the final judgment in the case; and

(2) conduct all sentencing hearings in the case.

[Pre-2004 Recodification Citation: 33-13-16-5.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-38-9-8 — Indiana Code / Title 33 / Article 38 / Chapter 9 / Section 33-38-9-8
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-13-14-6.]

As added by P.L.98-2004, SEC.17. Amended by P.L.146-2008, SEC.677. Repealed by P.L.161-2018, SEC.97.
Ind. Code § 33-23-5-2 — Indiana Code / Title 33 / Article 23 / Chapter 5 / Section 33-23-5-2
Qualifications
Status: in_force

Sec. 2. A magistrate must be admitted to the practice of law in Indiana.

[Pre-2004 Recodification Citation: 33-4-7-2.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-34-7-1 — Indiana Code / Title 33 / Article 34 / Chapter 7 / Section 33-34-7-1
Accounting rules and forms
Status: in_force

Sec. 1. The state board of accounts shall provide rules, in cooperation with the appropriate county officers, to specify the:

(1) forms; and

(2) records;

for the handling and reporting of money and other property by or in connection with the small claims court.

[Pre-2004 Recodification Citation: 33-11.6-9-3.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-33-71-4 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-4-1-75.2.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-33-35-5 — Indiana Code / Title 33 / Article 33 / Chapter 35 / Section 33-33-35-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-25.3-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-34-4-1 — Indiana Code / Title 33 / Article 34 / Chapter 4 / Section 33-34-4-1
Administer oaths; certify records
Status: in_force

Sec. 1. A judge may:

(1) administer oaths;

(2) take and certify acknowledgements of deeds; and

(3) give all necessary certificates for the authentication of the records and proceedings of the small claims court.

[Pre-2004 Recodification Citation: 33-11.6-5-1.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-37-3-2 — Indiana Code / Title 33 / Article 37 / Chapter 3 / Section 33-37-3-2
Indigent persons; relief from or waiver of fees and court costs in civil actions or appointment of guardian
Status: in_force

Sec. 2. (a) Except as provided in subsection (b), a person entitled to bring a civil action or to petition for the appointment of a guardian under IC 29-3-5 may do so without paying the required fees or other court costs if the person files a statement in court, under oath and in writing:

(1) declaring that the person is unable to make the payments or to give security for the payments because of the person's indigency;

(2) declaring that the person believes that the person is entitled to the redress sought in the action; and

(3) setting forth briefly the nature of the action.

(b) If a person brings a civil action or petition for the appointment of a guardian under IC 29-3-5, a clerk shall waive the payment of required fees or other court costs by the person without court approval if:

(1) the person is represented by an attorney:

(A) who is employed by Indiana Legal Services or another civil legal aid program; or

(B) who:

(i) is serving as a pro bono attorney; and

(ii) obtained the person as a client through a direct referral from a pro bono district associated with one (1) of the fourteen (14) administrative districts in Indiana established by the Indiana Rules of Court Administrative Rule 3(A); and

(2) the attorney files a statement with the clerk that:

(A) seeks relief from paying the required fees or other court costs;

(B) declares that the person believes that the person is entitled to the redress sought in the action;

(C) sets forth briefly the nature of the action;

(D) is accompanied by an approved affidavit of indigency; and

(E) is signed by the attorney.

(c) This section does not prohibit a court from reviewing and modifying a finding of indigency by the court or a clerk if a person who received relief from the payment of required fees or other court costs ceases to qualify for the relief.

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

As added by P.L.98-2004, SEC.16. Amended by P.L.89-2009, SEC.1.
Ind. Code § 33-33-18-2.1 — Indiana Code / Title 33 / Article 33 / Chapter 18 / Section 33-33-18-2.1
Repealed
Status: repealed

As added by P.L.138-2020, SEC.18. Repealed by P.L.25-2021, SEC.2 and P.L.123-2021, SEC.3.
Ind. Code § 33-33-88-1 — Indiana Code / Title 33 / Article 33 / Chapter 88 / Section 33-33-88-1
Judicial circuit
Status: in_force

Sec. 1. Washington County constitutes the forty-second judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-88.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.97.
Ind. Code § 33-33-33-13 — Indiana Code / Title 33 / Article 33 / Chapter 33 / Section 33-33-33-13
Personnel
Status: in_force

Sec. 13. (a) Each judge of the Henry circuit court may, subject to the budget approved for the court by the fiscal body of Henry County, employ personnel necessary for the proper administration of the judge's docket.

(b) Personnel employed under this section:

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

(2) are subject to the rules concerning employment and management of circuit court personnel adopted by the circuit court under section 12 of this chapter.

As added by P.L.201-2011, SEC.56.
Ind. Code § 33-44-3-7 — Indiana Code / Title 33 / Article 44 / Chapter 3 / Section 33-44-3-7
"Fund"
Status: in_force

Sec. 7. "Fund" refers to the Indiana attorney trust account fund established by IC 33-44-7-1.

[Pre-2004 Recodification Citation: 33-20-3-7.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-89.3-9 — Indiana Code / Title 33 / Article 33 / Chapter 89.3 / Section 33-33-89.3-9
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-48-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-33-71-58 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-58
Amendments to notice or answer
Status: in_force

Sec. 58. At any time before determination of the issues, the commission on judicial qualifications may allow or require amendments to the notice of formal proceedings and may allow amendments to the answer. The notice may be amended to conform to proof or to set forth additional facts, whether occurring before or after the commencement of the hearing. If an amendment is made, the judge shall be given reasonable time both to answer the amendment and to prepare and present the judge's defense against the matters charged thereby.

[Pre-2004 Recodification Citation: 33-5-40-62.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-39-3-2 — Indiana Code / Title 33 / Article 39 / Chapter 3 / Section 33-39-3-2
Depositions; change of venue
Status: in_force

Sec. 2. If a prosecuting attorney incurred expenses described in section 1 of this chapter for a criminal case from another county being heard on a change of venue, the expenses shall be collected from the other county as other costs are collected in the case.

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

As added by P.L.98-2004, SEC.18.
Ind. Code § 33-33-10-1 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-1
Repealed
Status: repealed

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-87-11 — Indiana Code / Title 33 / Article 33 / Chapter 87 / Section 33-33-87-11
Judges; discipline
Status: in_force

Sec. 11. The judge of the Warrick superior court No. 1 and the Warrick superior court No. 2 shall be subject to all disciplinary rules promulgated by the supreme court.

[Pre-2004 Recodification Citation: 33-5-45.5-10.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-32-3-5 — Indiana Code / Title 33 / Article 32 / Chapter 3 / Section 33-32-3-5
Execution docket
Status: in_force

Sec. 5. (a) The clerk shall keep an execution docket.

(b) The clerk shall enter all executions on the execution docket as they are issued by the clerk, specifying in proper columns the following information:

(1) The names of the parties.

(2) The amount of the judgment and the interest due upon the issuing of the execution.

(3) The costs.

The clerk shall also prepare an additional column in which the clerk shall enter the return of the sheriff.

(c) The execution docket entries may be inspected and copied under IC 5-14-3-3.

(d) The clerk may keep an execution docket:

(1) in hard copy form; or

(2) in electronic form, if all information in the execution docket is available to the public to inspect or copy in the electronic form.

[Pre-2004 Recodification Citation: 33-17-2-6.]

As added by P.L.98-2004, SEC.11. Amended by P.L.78-2014, SEC.9.
Ind. Code § 33-33-45-16 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-16
Laws and rules governing the court
Status: in_force

Sec. 16. All Indiana laws and rules adopted by the supreme court governing the circuit courts apply to the superior court. However:

(1) a person other than a judge of the superior court of Lake County may not serve as a special judge when a change of judge is requested from the superior court of Lake County;

(2) a judge of the superior court of Lake County may not receive compensation other than regular salary for serving as a special judge where the change of venue from the judge was granted by the superior court of Lake County;

(3) the statutes and rules governing the records, procedures, and practices of county courts apply to the county division of the court; and

(4) there is no change of venue from the county as of right in cases in the county division of the court.

[Pre-2004 Recodification Citation: 33-5-29.5-16.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-27-1-2 — Indiana Code / Title 33 / Article 27 / Chapter 1 / Section 33-27-1-2
"Attorney commissioners"
Status: in_force

Sec. 2. "Attorney commissoners" means the three (3) individuals admitted to the practice of law who are elected to the judicial nominating commission by the electors.

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

As added by P.L.98-2004, SEC.6.
Ind. Code § 33-37-5-22 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-22
Late payment fee
Status: in_force

Sec. 22. (a) Except as provided in subsections (e) and (f), this section applies to an action if all the following apply:

(1) The defendant is found, in a court that has a local court rule imposing a late payment fee under this section, to have:

(A) committed a crime;

(B) violated a statute defining an infraction;

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

(D) committed a delinquent act.

(2) The defendant is required to pay:

(A) court costs, including fees;

(B) a fine; or

(C) a civil penalty.

(3) The defendant is not determined by the court imposing the court costs, fine, or civil penalty to be indigent.

(4) The defendant fails to pay to the clerk the costs, fine, or civil penalty in full before the later of the following:

(A) The end of the business day on which the court enters the conviction or judgment.

(B) The end of the period specified in a payment schedule set for the payment of court costs, fines, and civil penalties under rules adopted for the operation of the court.

(b) A court may adopt a local rule to impose a late payment fee under this section on defendants described in subsection (a).

(c) Subject to subsection (d), the clerk of a court that adopts a local rule imposing a late payment fee under this section shall collect a late payment fee of twenty-five dollars ($25) from a defendant described in subsection (a).

(d) Notwithstanding IC 33-37-2-2, a court may suspend a late payment fee if the court finds that the defendant has demonstrated good cause for failure to make a timely payment of court costs, a fine, or a civil penalty.

(e) A plaintiff or defendant in an action under IC 33-34 shall pay a late fee of twenty-five dollars ($25) if the plaintiff or defendant:

(1) is required to pay court fees or costs under IC 33-34-8-1;

(2) is not determined by the court imposing the court costs to be indigent; and

(3) fails to pay the costs in full before the later of the following:

(A) The end of the business day on which the court enters the judgment.

(B) The end of the period specified in a payment schedule set for the payment of court costs under rules adopted for the operation of the court.

A court may suspend a late payment fee if the court finds that the plaintiff or defendant has demonstrated good cause for failure to make timely payment of the fee.

(f) Notwithstanding IC 33-37-4-2(f), IC 34-28-5-5(a), and IC 34-28-5-5(b), the defendant shall pay a late payment fee of twenty-five dollars ($25) if the defendant:

(1) is found to have committed a violation constituting a Class D infraction or Class C infraction under IC 5-16-9-5 or IC 5-16-9-8 for unlawfully parking in a space reserved for a person with a physical disability;

(2) is required to pay a fine or civil judgment;

(3) is not determined by the court imposing the fine or civil judgment to be indigent; and

(4) fails to pay the fine or civil judgment in full before the later of:

(A) the end of the business day on which the court imposes the fine or civil judgment; or

(B) the end of the period specified in a payment schedule set for the payment of fines and civil judgments under rules adopted for the operation of the court.

However, the court may suspend a late payment fee under this section if the court finds that the defendant has demonstrated good cause for failure to make timely payment of the fee.

[Pre-2004 Recodification Citation: 33-19-6-20.]

As added by P.L.98-2004, SEC.16. Amended by P.L.143-2013, SEC.1.
Ind. Code § 33-33-48-17 — Indiana Code / Title 33 / Article 33 / Chapter 48 / Section 33-33-48-17
Personnel
Status: in_force

Sec. 17. (a) Each judge of the circuit court may, subject to the budget approved for the court by the fiscal body of Madison County, employ personnel necessary for the proper administration of the circuit court.

(b) Personnel employed under this section:

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

(2) are subject to the rules concerning employment and management of circuit court personnel adopted by the circuit court under section 16 of this chapter.

As added by P.L.201-2011, SEC.74.
Ind. Code § 33-29-3-5 — Indiana Code / Title 33 / Article 29 / Chapter 3 / Section 33-29-3-5
Duties
Status: in_force

Sec. 5. The small claims referee shall:

(1) conduct trials of small claims cases;

(2) for cases disposed of by trial, submit written findings of fact, conclusions of law, and recommendations for final judgments to the judge of the court; and

(3) for cases disposed of without trial, submit a written disposition report to the judge of the court.

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

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-29-5-3 — Indiana Code / Title 33 / Article 29 / Chapter 5 / Section 33-29-5-3
General powers
Status: in_force

Sec. 3. (a) The superior court, at general or special term, may do the following:

(1) Issue and direct all process to courts of inferior jurisdiction, and to corporations and individuals, which shall be necessary in exercising its jurisdiction, and for the regular execution of the law.

(2) Make all proper judgments, sentences, decrees, orders, and injunctions.

(3) Issue all process and executions.

(4) Do other acts necessary to carry into effect subdivisions (1) through (3) in conformity with the Constitution of the State of Indiana and laws of Indiana.

(b) The court shall, at times as the business of the court may require, meet in general term, and may, at any time, make a distribution and redistribution of the business of the court to special term, as it considers proper.

(c) Each judge holding court at special term shall transact the business assigned to the judge. However, the judge may call one (1) or more of the other judges of the court to sit with the judge in special term to consider any matter pending before the judge.

(d) The court, at special term, may hear and dispose of business distributed to it by the general term. The court may, at special or general term:

(1) vacate or modify its own judgments or orders, rendered at either special or general term; and

(2) enter judgments by confession, as is vested by law in circuit courts.

[Pre-2004 Recodification Citation: 33-5-3.5-3.]

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-38-6-25 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-25
Service credit; contributions for service as judge or full-time magistrate
Status: in_force

Sec. 25. (a) A judge or, after December 31, 2010, a judge or full-time magistrate, is entitled to a month of service credit for services performed in any fraction of a calendar month. However, a judge or, after December 31, 2010, a judge or full-time magistrate, is not entitled to more than one (1) month of credit for services performed in a calendar month.

(b) Except as otherwise provided in this chapter, if a judge is elected or appointed and serves one (1) or more terms or part of a term, then retires from office but at a later period or periods is appointed or elected and serves as judge, the judge shall pay into the fund during all the periods served as judge, whether the periods are served consecutively or not.

(c) Except as otherwise provided in this chapter, a judge is not required to pay into the fund:

(1) at any time when the judge is not serving as judge; or

(2) during any period of service as a senior judge under IC 33-23-3.

(d) Except as otherwise provided in this chapter, after December 31, 2010, a full-time magistrate:

(1) shall pay into the fund during all periods served as a full-time magistrate, whether the periods are served consecutively or not; and

(2) is not required to pay into the fund at any time when the magistrate is not serving as a full-time magistrate.

[Pre-2004 Recodification Citation: 33-13-8-2.]

As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.8.
Ind. Code § 33-33-19-3 — Indiana Code / Title 33 / Article 33 / Chapter 19 / Section 33-33-19-3
Judge; location of court sessions
Status: in_force

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

(1) the Dubois County courthouse in Jasper; or

(2) other places in the county as the board of county commissioners of Dubois County may provide.

[Pre-2004 Recodification Citation: 33-5-12.5-11.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-8-5 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-5
"Fund"
Status: in_force

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

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

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-37-7-9 — Indiana Code / Title 33 / Article 37 / Chapter 7 / Section 33-37-7-9
State comptroller's transfer of funds to treasurer; treasurer's deposit of certain funds
Status: in_force

Sec. 9. (a) On June 30 and on December 31 of each year, the state comptroller shall transfer to the treasurer of state nine million four hundred ninety-two thousand twenty-three dollars ($9,492,023) for distribution under subsection (b).

(b) On June 30 and on December 31 of each year, the treasurer of state shall deposit into:

(1) the family violence and victim assistance fund established by IC 5-2-6.8-3 an amount equal to seven and eighty-five hundredths percent (7.85%);

(2) the Indiana judges' retirement fund established by IC 33-38-6-12 an amount equal to thirty-seven and sixty-eight hundredths percent (37.68%);

(3) the law enforcement academy fund established by IC 5-2-1-13 an amount equal to twelve and fifty-five hundredths percent (12.55%);

(4) the violent crime victims compensation fund established by IC 5-2-6.1-40 an amount equal to eleven and sixty-six hundredths percent (11.66%);

(5) the motor vehicle highway account an amount equal to nineteen and five hundredths percent (19.05%);

(6) the fish and wildlife fund established by IC 14-22-3-2 an amount equal to twenty-five hundredths percent (0.25%);

(7) the Indiana supreme court drug and alcohol programs fund established by IC 12-23-14-17 for the administration, certification, and support of alcohol and drug services programs under IC 12-23-14 an amount equal to one and six-tenths percent (1.6%); and

(8) the DNA sample processing fund established under IC 10-13-6-9.5 for the funding of the collection, shipment, analysis, and preservation of DNA samples and the conduct of a DNA data base program under IC 10-13-6 an amount equal to nine and thirty-six hundredths percent (9.36%);

of the amount transferred by the state comptroller under subsection (a).

(c) On June 30 and on December 31 of each year, the state comptroller shall transfer to the treasurer of state for deposit into the public defense fund established under IC 33-40-6-1 three million seven hundred thousand dollars ($3,700,000).

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

As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004, SEC.28; P.L.176-2005, SEC.18; P.L.1-2006, SEC.511; P.L.174-2006, SEC.18; P.L.122-2008, SEC.5; P.L.130-2009, SEC.20; P.L.229-2011, SEC.262; P.L.111-2017, SEC.7; P.L.217-2017, SEC.156; P.L.161-2018, SEC.90; P.L.9-2024, SEC.512.
Ind. Code § 33-37-5-19 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-19
Criminal conviction; jury fees
Status: in_force

Sec. 19. (a) The clerk shall collect a jury fee of six dollars ($6) in each action in which a defendant is found to have committed a crime, violated a statute defining an infraction, or violated an ordinance of a municipal corporation.

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

[Pre-2004 Recodification Citation: 33-19-6-17.]

As added by P.L.98-2004, SEC.16. Amended by P.L.237-2023, SEC.2.
Ind. Code § 33-33-10-15 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-15
Transfer of cases
Status: in_force

Sec. 15. (a) A judge of a division of the Clark circuit court may, with the consent of a judge of another division of the circuit court, transfer any action or proceeding from the judge's division to the other judge's division.

(b) A judge of a city or town court located in Clark County may, with the consent of the judge of a division of the Clark circuit court, transfer to the division of the circuit court any cause of action filed and docketed in the city or town court. All original pleadings and documents and bail bonds filed in the cause of action shall be transferred from the city or town court to the receiving division of the circuit court. The cause of action shall be redocketed in the receiving division of the circuit court and disposed of as if originally filed with the receiving division of the circuit court.

(c) The judge of a division of the Clark circuit court may, with the consent of the judge of another division of the circuit court, sit as a judge of the other division of the circuit court in any matter.

[Pre-2004 Recodification Citation: 33-5-10-24.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.37.
Ind. Code § 33-33-34-10 — Indiana Code / Title 33 / Article 33 / Chapter 34 / Section 33-33-34-10
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-20.1-13.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.237-2005, SEC.25.
Ind. Code § 33-33-89-2 — Indiana Code / Title 33 / Article 33 / Chapter 89 / Section 33-33-89-2
Judicial circuit
Status: in_force

Sec. 2. Wayne County constitutes the seventeenth circuit.

[Pre-2004 Recodification Citation: 33-4-1-89.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-7-13 — Indiana Code / Title 33 / Article 38 / Chapter 7 / Section 33-38-7-13
Withdrawal of participant from fund
Status: in_force

Sec. 13. (a) Except as otherwise provided in this chapter, a participant:

(1) whose employment as a judge is terminated regardless of cause; and

(2) who has less than twelve (12) years service;

is entitled to withdraw from the fund, beginning on the date specified by the participant in a written application. However, the date on which the withdrawal begins may not be before the date of final termination of employment of the participant, or the date thirty (30) days before the receipt of the application by the board.

(b) Upon the withdrawal, a participant is entitled to receive out of the fund an amount equal to the total sum contributed to the fund on behalf of the participant plus interest at a rate specified by rule by the board, payable within sixty (60) days after date of the withdrawal application or in monthly installments as the participant may elect.

(c) A participant who withdraws from the fund under subsection (a) and becomes a participant again at a later date is not entitled to service credit for the participant's years of service accrued before the withdrawal, unless the participant pays into the fund the full amount received by the participant when the participant withdrew from the fund plus interest at a rate specified by rule by the board. The board shall grant service credit to a participant for the years of service accrued by the participant before the participant's withdrawal from the fund if the participant makes the repayment required by this section in a lump sum or a series of payments determined by the board, not to exceed five (5) annual installments.

[Pre-2004 Recodification Citation: 33-13-9.1-6.]

As added by P.L.98-2004, SEC.17. Amended by P.L.16-2011, SEC.2; P.L.92-2021, SEC.12.
Ind. Code § 33-44-9-1 — Indiana Code / Title 33 / Article 44 / Chapter 9 / Section 33-44-9-1
Annual report; format
Status: in_force

Sec. 1. The board shall file a report with:

(1) the governor;

(2) the legislative council; and

(3) the chief justice of the supreme court;

before December 31 of each year. The report filed with the legislative council must be in an electronic format under IC 5-14-6.

[Pre-2004 Recodification Citation: 33-20-9-1.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-70-3 — Indiana Code / Title 33 / Article 33 / Chapter 70 / Section 33-33-70-3
Judge; location of court sessions
Status: in_force

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

(1) the Rush County courthouse in Rushville; or

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

[Pre-2004 Recodification Citation: 33-5-38.8-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-1-5 — Indiana Code / Title 33 / Article 37 / Chapter 1 / Section 33-37-1-5
Automated judicial system; formal written commitment
Status: in_force

Sec. 5. (a) As used in this section, "formal written commitment" means:

(1) adopting a resolution or ordinance; and

(2) entering into an agreement.

(b) In the context of this article, a county, city, or town that has made a formal written commitment to convert to or adopt the state's automated judicial system is considered to be operating under the state's automated judicial system once the conversion to the system is complete.

As added by P.L.284-2013, SEC.4.
Ind. Code § 33-38-8-12 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-12
Withdrawal of participant from fund
Status: in_force

Sec. 12. (a) A participant who:

(1) ceases service:

(A) as a judge; or

(B) after December 31, 2010, as a judge or full-time magistrate;

other than by death or disability; and

(2) is not eligible for a retirement benefit under this chapter;

is entitled to withdraw from the fund, beginning on the date specified by the participant in a written application. The date on which the withdrawal begins may not be before the date of final termination of employment or the date thirty (30) days before the receipt of the application by the board.

(b) Upon the withdrawal, the participant is entitled to receive the total sum contributed plus interest at a rate specified by rule by the board, payable within sixty (60) days from the date of the withdrawal application or in monthly installments as the participant may elect.

(c) A participant who withdraws from the fund under subsection (a) and becomes a participant again at a later date is not entitled to service credit for the participant's years of service accrued before the withdrawal, unless the participant pays into the fund the full amount received by the participant when the participant withdrew from the fund plus interest at a rate specified by rule by the board. The board shall grant service credit to a participant for the years of service accrued by the participant before the participant's withdrawal from the fund if the participant makes the repayment required by this section in a lump sum or a series of payments determined by the board, not to exceed five (5) annual installments.

As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.16; P.L.16-2011, SEC.5; P.L.92-2021, SEC.13.
Ind. Code § 33-24-6-12.5 — Indiana Code / Title 33 / Article 24 / Chapter 6 / Section 33-24-6-12.5
Statewide collection of juvenile justice data
Status: in_force

Sec. 12.5. The office of judicial administration shall establish and administer a plan that will ensure that the juvenile justice data in each county is collected and shared with the office of judicial administration so that the office can compile and aggregate the data.

As added by P.L.101-2022, SEC.34.
Ind. Code § 33-33-30-9 — Indiana Code / Title 33 / Article 33 / Chapter 30 / Section 33-33-30-9
Repealed
Status: repealed

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

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-34-1-9 — Indiana Code / Title 33 / Article 34 / Chapter 1 / Section 33-34-1-9
Township board order
Status: in_force

Sec. 9. Not more than two (2) weeks after a hearing is conducted under section 7 of this chapter, the township board shall, after considering the evidence, opinions, advice, and suggestions presented at the hearing, enter an order concerning:

(1) whether a small claims court shall be established or abolished in the township if the township has a population of less than fifteen thousand (15,000) persons;

(2) the location of the small claims court courtroom and offices under IC 33-34-6-1; and

(3) other relevant matters.

[Pre-2004 Recodification Citation: 33-11.6-2-5.]

As added by P.L.98-2004, SEC.13. Amended by P.L.65-2004, SEC.15; P.L.174-2006, SEC.3; P.L.170-2015, SEC.4.
Ind. Code § 33-23-18-1 — Indiana Code / Title 33 / Article 23 / Chapter 18 / Section 33-23-18-1
Definitions
Status: in_force

Sec. 1. The following definitions apply throughout this chapter:

(1) "Assessor" means a physician licensed under IC 25-22.5 or a psychologist licensed under IC 25-33, if the physician or psychologist is registered with the division to conduct an assessment under this chapter.

(2) "Council" means a local or regional justice reinvestment advisory council established by IC 33-38-9.5-4.

(3) "Crime of violence" has the meaning set forth in IC 35-31.5-2-79.

(4) "Division" means the division of mental health and addiction.

(5) "Qualified adult" means an adult whom a referral program is designed to assist.

(6) "Referral program" means a program established under section 2 of this chapter designed to provide an adult an opportunity to receive voluntary community treatment addressing mental health, and other services as a condition of pretrial release. The term includes a regional referral program.

As added by P.L.205-2023, SEC.27. Amended by P.L.85-2026, SEC.16.
Ind. Code § 33-28-5-3 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-3
"Jury administrator" defined
Status: in_force

Sec. 3. As used in this chapter, "jury administrator" means the court administrator, the county clerk, or other clerical personnel appointed by a supervising judge to administer the jury assembly process.

[Pre-2004 Recodification Citation: 33-4-11-3.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.4.
Ind. Code § 33-29-6-3 — Indiana Code / Title 33 / Article 29 / Chapter 6 / Section 33-29-6-3
Transfers from superior court to circuit court; grounds
Status: in_force

Sec. 3. In all counties with circuit and superior courts, the judge of the superior court may, with the consent of the judge of the circuit court, transfer any action, cause, or proceedings 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, in any of the following instances:

(1) Whenever more cases are filed in the superior court during any year than can be disposed of with expedition.

(2) In all other cases where, in the opinion of the superior court judge, an early disposition of the case is required.

[Pre-2004 Recodification Citation: 33-5-4-3.]

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-32-3-9 — Indiana Code / Title 33 / Article 32 / Chapter 3 / Section 33-32-3-9
Appropriation for blank books and stationery
Status: in_force

Sec. 9. The county council shall appropriate reasonable sums to the clerk for necessary blank books and stationery.

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

As added by P.L.98-2004, SEC.11.
Ind. Code § 33-33-84-14 — Indiana Code / Title 33 / Article 33 / Chapter 84 / Section 33-33-84-14
Appointment of additional personnel
Status: in_force

Sec. 14. The superior court may appoint additional officers and personnel as may be necessary for the proper administration of the duties of the court, whose salaries shall be fixed by the court and who serve at the pleasure of the court.

[Pre-2004 Recodification Citation: 33-5-44.1-17.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-1-3 — Indiana Code / Title 33 / Article 33 / Chapter 1 / Section 33-33-1-3
Judge; location of court sessions
Status: in_force

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

[Pre-2004 Recodification Citation: 33-5-4.5-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-44-4-3 — Indiana Code / Title 33 / Article 44 / Chapter 4 / Section 33-44-4-3
Appointment of members; chief justice
Status: in_force

Sec. 3. The chief justice of the supreme court shall appoint six (6) members to the board.

[Pre-2004 Recodification Citation: 33-20-4-3.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-26-9-2 — Indiana Code / Title 33 / Article 26 / Chapter 9 / Section 33-26-9-2
Witness fees and mileage
Status: in_force

Sec. 2. A witness who testifies before the tax court is entitled to receive the same fee and mileage allowance provided to witnesses who testify in a circuit court. The person who calls the witness to testify shall pay the witness fee and mileage allowance.

[Pre-2004 Recodification Citation: 33-3-5-17.]

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-39-6-3 — Indiana Code / Title 33 / Article 39 / Chapter 6 / Section 33-39-6-3
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-14-7-3.]

As added by P.L.98-2004, SEC.18. Repealed by P.L.55-2022, SEC.9.
Ind. Code § 33-33-64-13 — Indiana Code / Title 33 / Article 33 / Chapter 64 / Section 33-33-64-13
Process of court
Status: in_force

Sec. 13. The process of the Porter superior court must have the seal affixed. The process must be attested, directed, served, returned, and be in the form as provided for process issuing from the circuit court.

[Pre-2004 Recodification Citation: 33-5-38-21.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-8-6 — Indiana Code / Title 33 / Article 37 / Chapter 8 / Section 33-37-8-6
County funds; appropriations; deferral and pretrial diversion programs
Status: in_force

Sec. 6. (a) Except as provided in subsection (b), upon receipt of monthly claims submitted on oath to the fiscal body by a program listed in section 5(b) of this chapter, the county fiscal body shall appropriate from the county fund to the program or fund the amount collected for the program under IC 33-37-5.

(b) Funds derived from a deferral program or a pretrial diversion program may be disbursed only by the adoption of an ordinance appropriating the funds for one (1) or more of the following purposes:

(1) Personnel expenses related to the operation of the program.

(2) Special training for:

(A) a prosecuting attorney;

(B) a deputy prosecuting attorney;

(C) support staff for a prosecuting attorney or deputy prosecuting attorney; or

(D) a law enforcement officer.

(3) Employment of a deputy prosecutor or prosecutorial support staff.

(4) Victim assistance.

(5) Electronic legal research.

(6) Office equipment, including computers, computer software, communication devices, office machinery, furnishings, and office supplies.

(7) Expenses of a criminal investigation and prosecution.

(8) An activity or program operated by the prosecuting attorney that is intended to reduce or prevent criminal activity, including:

(A) substance abuse;

(B) child abuse;

(C) domestic violence;

(D) operating while intoxicated; and

(E) juvenile delinquency.

(9) The provision of evidence based mental health and addiction, intellectual disability, developmental disability, autism, and co-occurring autism and mental illness forensic treatment services to reduce the risk of recidivism in a program administered or coordinated by a provider certified or licensed by the division of mental health and addiction or the division of disability, aging, and rehabilitative services with expertise in providing evidence based forensic treatment services.

(10) Any other purpose that benefits the office of the prosecuting attorney or law enforcement and that is agreed upon by the county fiscal body and the prosecuting attorney.

(c) Funds described in subsection (b) may be used only in accordance with guidelines adopted by the prosecuting attorneys council under IC 33-39-8-5.

[Pre-2004 Recodification Citation: 33-19-8-6.]

As added by P.L.98-2004, SEC.16. Amended by P.L.176-2005, SEC.20; P.L.229-2011, SEC.264; P.L.187-2015, SEC.39; P.L.122-2026, SEC.115.
Ind. Code § 33-42-17-10 — Indiana Code / Title 33 / Article 42 / Chapter 17 / Section 33-42-17-10
Presumption of validity of remote notarial act
Status: in_force

Sec. 10. (a) A remote notarial act performed by a remote notary public is presumed valid, regardless of the failure of the remote notary public to perform a duty or meet a requirement of this chapter.

(b) The presumed validity under subsection (a) of a remote notarial act does not do the following:

(1) Apply to a remote notarial act that is:

(A) performed by an unauthorized individual; or

(B) described in IC 33-42-13-3(a)(10).

(2) Prevent an injured party from seeking:

(A) the invalidation of a record or transaction reliant upon an incomplete remote notarial act; or

(B) another remedy under state or federal law.

As added by P.L.59-2018, SEC.64.
Ind. Code § 33-33-65-4 — Indiana Code / Title 33 / Article 33 / Chapter 65 / Section 33-33-65-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-38.1-3.]

As added by P.L.98-2004, SEC.12. Amended by P.L.2-2005, SEC.97. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-37-5-30 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-30
Expired
Status: repealed

As added by P.L.105-2009, SEC.23. Expired 1-1-2013 by P.L.105-2009, SEC.23.
Ind. Code § 33-35-3-4 — Indiana Code / Title 33 / Article 35 / Chapter 3 / Section 33-35-3-4
Town marshal; service of process
Status: in_force

Sec. 4. The town marshal or a deputy marshal shall serve all process issuing from the town court.

[Pre-2004 Recodification Citation: 33-10.1-6-4.]

As added by P.L.98-2004, SEC.14.
Ind. Code § 33-31-1-15 — Indiana Code / Title 33 / Article 31 / Chapter 1 / Section 33-31-1-15
Court of record; force and effect of judgment, orders, and proceedings
Status: in_force

Sec. 15. (a) The probate court is a court of record and of general jurisdiction.

(b) The court's judgments, decrees, orders, and proceedings:

(1) have the same force and effect as those of the circuit court; and

(2) shall be enforced in the same manner.

[Pre-2004 Recodification Citation: 33-8-2-16.]

As added by P.L.98-2004, SEC.10.
Ind. Code § 33-42-17-1 — Indiana Code / Title 33 / Article 42 / Chapter 17 / Section 33-42-17-1
Application of chapter
Status: in_force

Sec. 1. (a) This chapter applies only to a remote notarial act performed after the earlier of:

(1) the effective date of rules adopted under IC 33-42-16-2; or

(2) July 1, 2020.

(b) To the extent that this chapter conflicts with another provision of this article concerning remote notarial acts, this chapter is controlling.

As added by P.L.59-2018, SEC.64. Amended by P.L.177-2019, SEC.28.
Ind. Code § 33-36-2-3 — Indiana Code / Title 33 / Article 36 / Chapter 2 / Section 33-36-2-3
Violations clerk; duties
Status: in_force

Sec. 3. The violations clerk may accept:

(1) written appearances;

(2) waivers of trial;

(3) admissions of violations; and

(4) payment of civil penalties up to a specific dollar amount set forth in an ordinance adopted by the legislative body, but not more than two hundred fifty dollars ($250);

in ordinance violation cases, subject to the schedule prescribed under IC 33-36-3 by the legislative body.

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

As added by P.L.98-2004, SEC.15. Amended by P.L.169-2006, SEC.44.
Ind. Code § 33-28-1-4 — Indiana Code / Title 33 / Article 28 / Chapter 1 / Section 33-28-1-4
Form of process
Status: in_force

Sec. 4. If there is a process for which a form is not prescribed by law, a circuit court shall frame a new writ in conformity with the principles of the process.

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

As added by P.L.98-2004, SEC.7.
Ind. Code § 33-33-71-19 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-19
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-40-18.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-33-41-5 — Indiana Code / Title 33 / Article 33 / Chapter 41 / Section 33-33-41-5
Transfer of actions and proceedings
Status: in_force

Sec. 5. The judge of a Johnson superior court may, with the consent of the judge of another Johnson superior court, transfer any action or proceeding from the superior court to the other superior court.

[Pre-2004 Recodification Citation: 33-5-24-9.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-26-5 — Indiana Code / Title 33 / Article 33 / Chapter 26 / Section 33-33-26-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-18.3-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-71-41 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-41
Effective date of appointments
Status: in_force

Sec. 41. An appointment by the governor, chief justice, or acting chief justice, as required by section 40 of this chapter, to the St. Joseph County superior court shall take effect immediately if a vacancy exists at the date of the appointment. The appointment shall take effect on the date the vacancy is created if a vacancy does not exist on the date of the appointment.

[Pre-2004 Recodification Citation: 33-5-40-45.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-29-6-4 — Indiana Code / Title 33 / Article 29 / Chapter 6 / Section 33-29-6-4
Transfers to special judge
Status: reserved

Sec. 4. Whenever a special judge has been designated in any action, cause, or proceeding, and the special judge is the elected qualified and acting judge of a circuit, superior, or probate court in the county having jurisdiction of the subject matter of the action, cause, or proceeding, the regular judge of the court in which the action, cause, or proceeding is pending may, after the designation of a special judge, with the consent of the special judge, transfer the action, cause, or proceeding to the court presided over by the special judge 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 court to which the action, cause, or proceeding is transferred.

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

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-33-27.3-10 — Indiana Code / Title 33 / Article 33 / Chapter 27.3 / Section 33-33-27.3-10
Transfer of actions and proceedings
Status: in_force

Sec. 10. (a) The judge of the Grant circuit court, Grant superior court, or Grant superior court No. 2 may, with the consent of the judge of the court, transfer any action or proceeding from the Grant circuit court, Grant superior court, or Grant superior court No. 2 to the court.

(b) The judge of the court may, with the consent of the judge of the Grant circuit court, Grant superior court, or Grant superior court No. 2, transfer any action or proceeding from the court to the Grant circuit court, Grant superior court, or Grant superior court No. 2.

[Pre-2004 Recodification Citation: 33-5-19.3-9.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-39-1-1 — Indiana Code / Title 33 / Article 39 / Chapter 1 / Section 33-39-1-1
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-14-1-1.1.]

As added by P.L.98-2004, SEC.18. Amended by P.L.119-2007, SEC.2. Repealed by P.L.57-2014, SEC.3.
Ind. Code § 33-39-7-2 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-2
Americans with Disabilities Act
Status: in_force

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

[Pre-2004 Recodification Citation: 33-14-9-1.5.]

As added by P.L.98-2004, SEC.18.
Ind. Code § 33-23-16-14 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-14
Deferred prosecution
Status: in_force

Sec. 14. (a) A court, without entering a judgment of conviction, may defer proceedings against an individual and place the individual in a problem solving court program under this section only if:

(1) the individual meets the conditions for eligibility set forth in section 13(1) and 13(2) of this chapter;

(2) the individual pleads guilty and consents to the referral; and

(3) the judge of the problem solving court, the prosecuting attorney, and the individual all agree upon certain conditions for the individual's participation in the problem solving court program and on the duration of those conditions.

(b) When an individual's participation in a problem solving court program under this section has been terminated as provided under section 14.5 of this chapter, the problem solving court shall:

(1) enter a judgment of conviction against the individual;

(2) refer the individual's case back to the court that referred the case to the problem solving court to allow the referring court to enter a judgment of conviction against the individual; or

(3) otherwise dispose of the case.

(c) If an individual fulfills the conditions established by a problem solving court under subsection (a), the problem solving court shall:

(1) dismiss the charges against the individual;

(2) refer the individual's case back to the court that referred the case to the problem solving court to allow the referring court to dismiss the charges against the individual; or

(3) otherwise dispose of the case.

As added by P.L.108-2010, SEC.4. Amended by P.L.187-2011, SEC.4.
Ind. Code § 33-33-64-19 — Indiana Code / Title 33 / Article 33 / Chapter 64 / Section 33-33-64-19
Transfer of causes
Status: in_force

Sec. 19. Any judge of the Porter superior court may, with the consent of the judge of the Porter 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 such action, cause, or proceeding without further transcript to be redocketed and disposed of as if originally filed with the superior court. However, a judge of the Porter superior court, county division, may not transfer any action or proceeding docketed in the small claims and misdemeanor division to the Porter circuit court or to the Porter superior court, superior division.

[Pre-2004 Recodification Citation: 33-5-38-27.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-31-1-14 — Indiana Code / Title 33 / Article 31 / Chapter 1 / Section 33-31-1-14
Process of court
Status: in_force

Sec. 14. The process of the court must:

(1) have the seal affixed;

(2) be attested, directed, served, and returned; and

(3) be in form as is or may be provided for process issuing from the circuit court.

[Pre-2004 Recodification Citation: 33-8-2-15.]

As added by P.L.98-2004, SEC.10.
Ind. Code § 33-37-1-2 — Indiana Code / Title 33 / Article 37 / Chapter 1 / Section 33-37-1-2
"Clerk"
Status: in_force

Sec. 2. As used in this article, "clerk" refers to any of the following:

(1) A clerk of a circuit court under IC 33-32-2-1.

(2) The clerk of a city or town court under IC 33-35.

(3) The judge of a city or town court that does not have a clerk.

[Pre-2004 Recodification Citation: 33-19-1-2.]

As added by P.L.98-2004, SEC.16. Amended by P.L.78-2014, SEC.16; P.L.106-2022, SEC.5.
Ind. Code § 33-33-10-6.1 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-6.1
Expired
Status: repealed

As added by P.L.138-2020, SEC.9. Expired 1-1-2025 by P.L.138-2020, SEC.9.
Ind. Code § 33-32-4-5 — Indiana Code / Title 33 / Article 32 / Chapter 4 / Section 33-32-4-5
State central collection unit and clerk not liable
Status: in_force

Sec. 5. The state central collection unit is not liable and the clerk is not personally liable or liable in the clerk's official capacity on the clerk's official bond for funds received if the state central collection unit or the clerk:

(1) through error or in accordance with the best information available to the state central collection unit or the clerk, disbursed the funds to a person the state central collection unit or the clerk reasonably believed to be entitled to receive the funds and to comply with a:

(A) child support order; or

(B) garnishment order;

(2) inappropriately disbursed or misapplied child support funds, arising without the knowledge or approval of the state central collection unit or the clerk, that resulted from:

(A) an action by an employee of, or a consultant to, the department of child services or the Title IV-D agency;

(B) an ISETS or the successor statewide automated support enforcement system technological error; or

(C) information generated by ISETS or the successor statewide automated support enforcement system;

(3) disbursed funds that the state central collection unit or the clerk reasonably believed were available for disbursement but that were not actually available for disbursement;

(4) disbursed child support funds paid to the central collection unit by a personal check that was later dishonored by a financial institution; and

(5) did not commit a criminal offense as a part of the disbursement.

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

As added by P.L.98-2004, SEC.11. Amended by P.L.145-2006, SEC.366; P.L.148-2006, SEC.31; P.L.128-2012, SEC.179.
Ind. Code § 33-33-15-6 — Indiana Code / Title 33 / Article 33 / Chapter 15 / Section 33-33-15-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-10.2-11.]

As added by P.L.98-2004, SEC.12. Amended by P.L.237-2005, SEC.6. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-10-18 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-18
Presiding judge; duties
Status: in_force

Sec. 18. In accordance with rules adopted by the board of judges under section 19 of this chapter, the presiding judge shall do the following:

(1) Ensure that the circuit court operates efficiently and judicially under rules adopted by the board of judges.

(2) Upon approval by the board of judges, annually submit to the fiscal body of Clark County a budget for the court, including amounts necessary for:

(A) the operation of the circuit's probation department;

(B) the defense of indigents;

(C) compensating employees of the circuit court; and

(D) maintaining an adequate law library.

(3) Upon approval by the board of judges, make the appointments or selections required of a circuit or superior court judge.

As added by P.L.201-2011, SEC.40.
Ind. Code § 33-38-8-22.5 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-22.5
Magistrate's credit for service as full-time referee or commissioner; credit for pre-2011 service as full-time magistrate; rollover distributions; trustee to trustee transfers
Status: in_force

Sec. 22.5. (a) This section applies after December 31, 2010, only to a person who:

(1) is a full-time magistrate participating under this chapter;

(2) was appointed by a court to serve as:

(A) a full-time referee or full-time commissioner; or

(B) before January 1, 2011, a full-time magistrate;

(3) was a member of the public employees' retirement fund during the employment described in subdivision (2); and

(4) received credited service under the public employees' retirement fund for the employment described in subdivision (2).

(b) If a person becomes a participant as a full-time magistrate in the judges' 1985 benefit system under section 1 of this chapter, credit for service by the magistrate as a full-time referee, full-time commissioner, or, before January 1, 2011, full-time magistrate shall be granted under this chapter by the board if:

(1) the service was credited under the public employees' retirement fund; and

(2) the magistrate pays in a lump sum or in a series of payments determined by the board, not exceeding five (5) annual payments, the amount determined by the actuary for the judges' 1985 benefit system as the total cost of the service.

(c) If the requirements of subsection (b) are not satisfied, a participant is entitled to credit only for years of service earned as a participant in the judges' 1985 benefit system.

(d) An amortization schedule for contributions paid under this section must include interest at a rate determined by the board.

(e) The following provisions apply to a person described in subsection (a):

(1) A minimum benefit applies to participants receiving credit in the judges' 1985 benefit system from service covered by the public employees' retirement fund. The minimum benefit is payable at sixty-five (65) years of age or when the participant is at least fifty-five (55) years of age and meets the requirements under section 13(2)(B) of this chapter and equals the actuarial equivalent of the vested retirement benefit that is:

(A) payable to the member at normal retirement under IC 5-10.2-4-1 as of the day before the transfer; and

(B) based solely on:

(i) creditable service;

(ii) the average of the annual compensation; and

(iii) the amount credited under IC 5-10.2 and IC 5-10.3 to the annuity savings account of the transferring member as of the day before the transfer.

(2) If the requirements of subsection (b) are satisfied, the board shall transfer from the public employees' retirement fund to the judges' 1985 benefit system the amount credited to the annuity savings account and the present value of the retirement benefit payable at sixty-five (65) years of age or at least fifty-five (55) years of age under section 13(2)(B) of this chapter that is attributable to the transferring participant.

(3) The amount the participant must contribute to the judges' 1985 benefit system under subsection (b) shall be reduced by the amount transferred to the judges' 1985 benefit system by the board under subdivision (2).

(4) If the requirements of subsection (b) are satisfied, credit for service in the public employees' retirement fund as a full-time referee, full-time commissioner, or before July 1, 2010, full-time magistrate that is purchased under this section is waived. Any credit for the service under the judges' 1985 benefit system may be granted only under subsection (b).

(f) To the extent permitted by the Internal Revenue Code and the applicable regulations, the judges' 1985 benefit system may accept, on behalf of a participant who is purchasing permissive service credit under subsection (b), a rollover of a distribution from any of the following:

(1) A qualified plan described in Section 401(a) or Section 403(a) of the Internal Revenue Code.

(2) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.

(3) An eligible plan that is maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or political subdivision of a state under Section 457(b) of the Internal Revenue Code.

(4) An individual retirement account or annuity described in Section 408(a) or Section 408(b) of the Internal Revenue Code.

(g) To the extent permitted by the Internal Revenue Code and the applicable regulations, the judges' 1985 benefit system may accept, on behalf of a participant who is purchasing permissive service credit under subsection (b), a trustee to trustee transfer from any of the following:

(1) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.

(2) An eligible deferred compensation plan under Section 457(b) of the Internal Revenue Code.

As added by P.L.122-2008, SEC.22. Amended by P.L.16-2011, SEC.7.
Ind. Code § 33-33-79-4 — Indiana Code / Title 33 / Article 33 / Chapter 79 / Section 33-33-79-4
Seal
Status: in_force

Sec. 4. The judge of the superior court shall cause to be provided a seal for the court. The seal must contain on its face the words "Superior Court of Tippecanoe County". A description and impression of the seal shall be spread upon the order book of the court.

[Pre-2004 Recodification Citation: 33-5-41-2.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-48-1 — Indiana Code / Title 33 / Article 33 / Chapter 48 / Section 33-33-48-1
Judicial circuit
Status: in_force

Sec. 1. Madison County constitutes the fiftieth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-48.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-82-11 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-11
Court of record; force and effect of judgments, decrees, and orders
Status: in_force

Sec. 11. The 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: 33-5-43-6.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-79.3-8 — Indiana Code / Title 33 / Article 33 / Chapter 79.3 / Section 33-33-79.3-8
Location of court sessions
Status: in_force

Sec. 8. The court shall hold its sessions in:

(1) the Tippecanoe County courthouse in Lafayette; or

(2) other places in the county as 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 necessary. The Tippecanoe County fiscal body shall appropriate sufficient funds for the provision and maintenance of these rooms and facilities.

[Pre-2004 Recodification Citation: 33-5-42.1-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-5-15 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-15
Service of process fee
Status: in_force

Sec. 15. (a) This section also applies to a clerk of a township small claims court described in IC 33-34 for service of process fees collected under IC 33-34-8-1.

(b) The clerk of the county that maintains jurisdiction over the case shall collect a service of process fee of twenty-eight dollars ($28) from a party requesting service of a writ, an order, a process, a notice, a tax warrant, or any other paper completed by the sheriff. A service of process fee collected under this subsection may be collected only one (1) time per case for the duration of the case. However, a clerk of the county that maintains jurisdiction over the case shall collect an additional service of process fee of twenty-eight dollars ($28) only one (1) time per case for the entire duration of any postjudgment services provided.

(c) The clerk shall collect from the person who filed the civil action a service of process fee of sixty dollars ($60), in addition to any other fee for service of process, if:

(1) a person files a civil action outside Indiana; and

(2) a sheriff in Indiana is requested to perform a service of process associated with the civil action in Indiana.

(d) A clerk shall transfer fees collected under this section to the county auditor.

(e) The county auditor shall deposit fees collected under this section as follows:

(1) One dollar ($1) from each service of process fee described in subsection (b) into the clerk's record perpetuation fund established by the clerk under section 2 of this chapter.

(2) Twenty-seven dollars ($27) from each service of process fee described in subsection (b) into either:

(A) the pension trust established by the county under IC 36-8-10-12; or

(B) if the county has not established a pension trust under IC 36-8-10-12, the county general fund.

[Pre-2004 Recodification Citation: 33-19-6-15.]

As added by P.L.98-2004, SEC.16. Amended by P.L.174-2006, SEC.12; P.L.156-2007, SEC.3; P.L.165-2015, SEC.1; P.L.255-2017, SEC.33; P.L.161-2018, SEC.89; P.L.106-2022, SEC.7; P.L.118-2024, SEC.33.
Ind. Code § 33-24-4-2 — Indiana Code / Title 33 / Article 24 / Chapter 4 / Section 33-24-4-2
Duties
Status: in_force

Sec. 2. The clerk of the supreme court shall do the following:

(1) Reside, and keep the clerk's office open, in a building provided for that purpose by the state, at the seat of government, from 9 a.m. until 4 p.m. of every day in the year except Sundays and Independence Day.

(2) Procure and preserve in the office all records and other books and stationery required by the court.

(3) Attend, in person or by deputy, the terms of the court.

(4) Administer all oaths authorized by law.

(5) Sign and seal, with the seal, and issue all process required to be issued from the court, under the clerk's hand.

(6) Endorse the time of filing books, records, or writings required to be filed or deposited in the clerk's office.

(7) Make a complete record of all causes finally determined in the court, except the transcript of the court below.

[Pre-2004 Recodification Citation: 33-15-1-2.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-37-2-5 — Indiana Code / Title 33 / Article 37 / Chapter 2 / Section 33-37-2-5
Fees prescribed by IC 33-37-4-1; fine or penalty in addition to costs
Status: in_force

Sec. 5. The fees prescribed by IC 33-37-4-1 are costs and may be collected from a defendant against whom a conviction is entered. A fine or penalty imposed is in addition to costs.

[Pre-2004 Recodification Citation: 33-19-2-5.]

As added by P.L.98-2004, SEC.16.
Ind. Code § 33-33-82-10 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-10
Repealed
Status: repealed

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

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-85-2 — Indiana Code / Title 33 / Article 33 / Chapter 85 / Section 33-33-85-2
Establishment of standard superior court
Status: in_force

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

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

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

[Pre-2004 Recodification Citation: 33-5-45.1-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-2-34 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-34
Judicial nominating commission; nonattorney members
Status: in_force

Sec. 34. (a) The governor shall appoint the three (3) nonattorney members of the commission.

(b) One (1) month before the expiration of a term of office of a nonattorney commissioner, the governor shall:

(1) reappoint the commissioner; or

(2) appoint a replacement.

All appointments shall be certified to the secretary of state, the clerk of the supreme court, and the clerk of Allen superior court not more than ten (10) days after the appointment.

(c) After their initial terms, the governor shall appoint each nonattorney commissioner for a term of four (4) years.

(d) When a vacancy occurs in the office of a nonattorney commissioner, the chairman of the commission shall promptly notify the governor in writing of that fact. Vacancies in the office of nonattorney commissioners shall be filled by appointment of the governor not more than sixty (60) days after the governor has notice of the vacancy. The nonattorney commissioner appointed shall serve during the unexpired term of the member whose vacancy the nonattorney commissioner has filled.

[Pre-2004 Recodification Citation: 33-5-5.1-32.1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-44-6-2 — Indiana Code / Title 33 / Article 44 / Chapter 6 / Section 33-44-6-2
Terms and conditions
Status: in_force

Sec. 2. The terms and conditions of an interest bearing attorney trust account, except as required under this chapter, shall be determined by the depositor and the depository financial institution. A depository financial institution is not required to offer an interest bearing attorney trust account.

[Pre-2004 Recodification Citation: 33-20-6-2.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-25-3 — Indiana Code / Title 33 / Article 33 / Chapter 25 / Section 33-33-25-3
Judge; location of court sessions
Status: in_force

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

(1) the Fulton County courthouse in Rochester; or

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

[Pre-2004 Recodification Citation: 33-5-10.9-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-34-6-4 — Indiana Code / Title 33 / Article 34 / Chapter 6 / Section 33-34-6-4
Constable; election; deputies; compensation
Status: in_force

Sec. 4. (a) The voters of each township having a small claims court shall elect a constable for the small claims court at the general election every four (4) years for a term of office of four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified. The ballot must state the:

(1) name of the candidate; and

(2) court for which the candidate is to serve.

(b) Each small claims court shall have a constable who:

(1) acts as the bailiff of the court;

(2) serves the court's personal service of process;

(3) has police powers to:

(A) make arrests;

(B) keep the peace; and

(C) carry out the orders of the court;

(4) must meet the qualifications prescribed by IC 3-8-1-31;

(5) is compensated for each process that is delivered to effect personal service when serving as the bailiff for the court;

(6) is responsible for:

(A) the preparation and mailing of all registered or certified service and is compensated for each process served by mail; and

(B) all the official acts of the deputies;

(7) is compensated solely from the service of process fees collected under IC 33-34-8-1; and

(8) may require a deputy to give a bond for the proper discharge of the deputy's duties for an amount fixed by the constable.

(c) The elected constable may appoint full-time and part-time deputies for assistance in the performance of official duties who:

(1) perform all the official duties required to be performed by the constable;

(2) possess the same statutory and common law powers and authority as the constable;

(3) must take the same oath required of the constable;

(4) are compensated solely from the service of process fees collected under IC 33-34-8-1; and

(5) serve at the pleasure of the constable and may be dismissed at any time with or without cause.

(d) If there is an:

(1) emergency; or

(2) inability of a constable to carry out the constable's duties;

the judge may appoint a special constable to carry out the duties of the constable during the emergency or inability.

[Pre-2004 Recodification Citation: 33-11.6-8-4.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-33-60-6 — Indiana Code / Title 33 / Article 33 / Chapter 60 / Section 33-33-60-6
Rules
Status: in_force

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

(1) Allocation of case load.

(2) Legal representation for indigents.

(3) Budgetary matters of the circuit court.

(4) Operation of the probation department.

(5) Term of administration of the presiding judge.

(6) Employment and management of circuit court personnel.

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

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

As added by P.L.83-2013, SEC.8. Amended by P.L.161-2018, SEC.85.
Ind. Code § 33-33-71-1 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-1
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 § 33-31-1-10 — Indiana Code / Title 33 / Article 31 / Chapter 1 / Section 33-31-1-10
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-8-2-11.]

As added by P.L.98-2004, SEC.10. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-71-6 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-6
Name
Status: in_force

Sec. 6. The superior court shall be known as the St. Joseph superior court.

[Pre-2004 Recodification Citation: 33-5-40-2.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-82-28 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-28
Circuit court judge sitting as superior court judge
Status: in_force

Sec. 28. The judge of the Vanderburgh circuit court may sit as a judge of the superior court, with the court's permission, in all matters pending before the superior court, without limitation and without any further order, in the same manner as if the judge were a judge of the superior court with all the rights and powers as if the judge were an elected judge of the superior court.

[Pre-2004 Recodification Citation: 33-5-43-29.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-53-7 — Indiana Code / Title 33 / Article 33 / Chapter 53 / Section 33-33-53-7
Personnel
Status: in_force

Sec. 7. (a) Each judge of the court may, subject to the budget approved for the court by the fiscal body of Monroe County, employ personnel necessary for the proper administration of the court.

(b) Personnel employed under this section:

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

(2) are subject to the rules concerning employment and management of court personnel adopted by the court under section 6 of this chapter.

[Pre-2004 Recodification Citation: 33-4-10-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-24-9-3 — Indiana Code / Title 33 / Article 24 / Chapter 9 / Section 33-24-9-3
Limitation of action for collection of fees or costs
Status: in_force

Sec. 3. A writ may not be issued under this chapter for the collection of fees or costs more than five (5) years after the date the cause was decided in the supreme court.

[Pre-2004 Recodification Citation: 33-15-6-3.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-35-3-8 — Indiana Code / Title 33 / Article 35 / Chapter 3 / Section 33-35-3-8
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-10.1-6-10.]

As added by P.L.98-2004, SEC.14. Repealed by P.L.1-2007, SEC.248.
Ind. Code § 33-33-34-17 — Indiana Code / Title 33 / Article 33 / Chapter 34 / Section 33-33-34-17
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-20.1-23.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.237-2005, SEC.25.
Ind. Code § 33-33-48-11 — Indiana Code / Title 33 / Article 33 / Chapter 48 / Section 33-33-48-11
Repealed
Status: repealed

As added by P.L.2-2005, SEC.92. Amended by P.L.127-2008, SEC.15. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-71-14 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-14
Dockets; books, papers, and records
Status: in_force

Sec. 14. The clerk, under the direction of the judge, shall provide order books, judgment dockets, execution dockets, fee books, and other books, papers, and records as necessary for the court, and all books, papers, and proceedings of the superior court shall be kept distinct and separate from those of other courts.

[Pre-2004 Recodification Citation: 33-5-40-13.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-71-49 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-49
Defamatory material
Status: in_force

Sec. 49. The filing of papers with or the giving of testimony before the commission on judicial qualifications under this chapter are absolutely privileged in any action for defamation.

[Pre-2004 Recodification Citation: 33-5-40-53.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-9.5-4 — Indiana Code / Title 33 / Article 38 / Chapter 9.5 / Section 33-38-9.5-4
Establishment of local or regional advisory council
Status: in_force

Sec. 4. (a) A local justice reinvestment advisory council is established in each county in Indiana. The local advisory council of two (2) or more counties may vote to consolidate into a regional advisory council. Membership of a regional advisory council must consist of the members listed in this subsection, which can be filled by a representative from any of the participating counties. A local advisory council consists of at least the following members:

(1) In counties with a chief public defender, the county chief public defender or the county chief public defender's designee. In counties without a chief public defender, a public defender who practices public defense within the county appointed by the local public defense board. If there is no local public defense board, then a public defender who practices public defense within the county appointed by the circuit court judge.

(2) The elected prosecuting attorney or the elected prosecuting attorney's designee.

(3) In counties with a local community mental health center, the director of the center or the director's designee.

(4) The county sheriff or the county sheriff's designee.

(5) In counties with a community corrections program, the director of the county's community corrections program or the director's designee.

(6) The chief probation officer or the chief probation officer's designee.

(7) The president of the county executive (as defined in IC 36-1-2-5) or the president's designee.

(8) The president of the county fiscal body (as defined in IC 36-1-2-6) or the president's designee.

(9) A circuit or superior court judge exercising criminal jurisdiction in the county, selected as follows:

(A) If only one (1) circuit or superior judge exercises criminal jurisdiction in the county, that judge serves as a member of the council.

(B) If more than one (1) circuit or superior court judge exercises criminal jurisdiction in the county, the judge selected by a majority of the circuit and superior court judges exercising criminal jurisdiction in the county shall select a judge exercising criminal jurisdiction to serve as a member of the council.

(C) If the judges exercising criminal jurisdiction in the county are unable to select a judge to serve as a member under clause (B), the chief justice of Indiana shall appoint a judge exercising criminal jurisdiction in the county as a member of the council.

(D) In a county having a consolidated city, the chief judge selected under IC 33-33-49-14.1(c) if the chief judge exercises criminal jurisdiction. If the chief judge does not exercise criminal jurisdiction, the chief judge shall appoint a judge exercising criminal jurisdiction in the county.

(b) The chair and vice chair of a local or regional advisory council are selected as follows:

(1) In a county that does not have a consolidated city, the members of a local or regional advisory council shall annually elect one (1) member as chair and one (1) member as vice chair.

(2) In a county having a consolidated city, the chief judge or the judge appointed by the chief judge described in subsection (a)(9)(D) shall serve as the chair and the members of the local or regional advisory council shall annually elect one (1) member as vice chair.

(c) A local or regional advisory council shall meet at least quarterly.

(d) The community corrections advisory board may vote to serve as the local or regional advisory council described in this section. Meeting agendas may include business related to both community correction advisory board and local or regional advisory council duties.

(e) The affirmative vote of a majority of the voting members of a local or regional advisory council is required for the local or regional advisory council to take action on any measure. A voting member of the local or regional advisory council must cast a vote in person under this subsection.

As added by P.L.30-2021, SEC.3. Amended by P.L.76-2026, SEC.24.
Ind. Code § 33-37-3-6 — Indiana Code / Title 33 / Article 37 / Chapter 3 / Section 33-37-3-6
Inclusion of service of process by mail in court costs fee
Status: in_force

Sec. 6. Court costs fees under this chapter include service of process by certified mail, unless service by the sheriff is requested by the person who institutes the action.

[Pre-2004 Recodification Citation: 33-19-3-5.]

As added by P.L.98-2004, SEC.16.
Ind. Code § 33-41-2-6 — Indiana Code / Title 33 / Article 41 / Chapter 2 / Section 33-41-2-6
State salary defined
Status: in_force

Sec. 6. As used in this chapter, "state salary" means that part of a court reporter's salary that is paid by the state.

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

As added by P.L.98-2004, SEC.20.
Ind. Code § 33-38-6-23 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-23
Administration of fund; confidentiality of fund records
Status: in_force

Sec. 23. (a) The board of trustees of the Indiana public retirement system (referred to as "the system" in this section) shall administer the fund, which may be commingled for investment purposes with any public pension and retirement fund administered by the system.

(b) The board shall do the following:

(1) Determine eligibility for and make payments of benefits under IC 33-38-7 and IC 33-38-8.

(2) In accordance with the powers and duties granted it in IC 5-10.3-3-7.1, IC 5-10.3-5-3 through IC 5-10.3-5-6, IC 5-10.5-4, and IC 5-10.5-6, administer the fund.

(3) Provide by rule for the implementation of this chapter and IC 33-38-7 and IC 33-38-8.

(4) Authorize deposits.

(c) A determination by the board may be appealed under the procedures in IC 4-21.5.

(d) The powers and duties of:

(1) the director and the actuary of the board; and

(2) the attorney general;

with respect to the fund are those specified in IC 5-10.3-3, IC 5-10.3-4, IC 5-10.5-4, and IC 5-10.5-6.

(e) The board may hire additional personnel, including hearing officers, to assist it in the implementation of this chapter.

(f) Fund records of individual participants and participants' information are confidential, except for the name and years of service of a fund participant.

[Pre-2004 Recodification Citation: 33-13-8-25.]

As added by P.L.98-2004, SEC.17. Amended by P.L.94-2004, SEC.6; P.L.99-2010, SEC.9; P.L.13-2011, SEC.8; P.L.35-2012, SEC.103.
Ind. Code § 33-43-4-2 — Indiana Code / Title 33 / Article 43 / Chapter 4 / Section 33-43-4-2
Entry of intention to hold lien
Status: in_force

Sec. 2. (a) An attorney, not later than sixty (60) days after the date the judgment is rendered, must enter in writing upon the docket or record in which the judgment is recorded, the attorney's intention to hold a lien on the judgment, along with the amount of the attorney's claim.

(b) If an appeal is taken on a judgment, the lien may be entered not later than sixty (60) days after the date the opinion of the higher court is recorded in the office of the clerk of the trial court or after the date of final judgment where the cause is reversed and retried.

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

As added by P.L.98-2004, SEC.22.
Ind. Code § 33-23-16-4 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-4
"Domestic violence court"
Status: in_force

Sec. 4. As used in this chapter, "domestic violence court" means a problem solving court focused on the safety of the victim and the defendant's accountability by:

(1) bringing together criminal justice professionals, local social programs, and intensive judicial monitoring;

(2) linking victims to programs and services; and

(3) linking eligible defendants and juveniles to programs and services.

As added by P.L.108-2010, SEC.4.
Ind. Code § 33-33-6-7 — Indiana Code / Title 33 / Article 33 / Chapter 6 / Section 33-33-6-7
Repealed
Status: repealed

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

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-44-3-2 — Indiana Code / Title 33 / Article 44 / Chapter 3 / Section 33-44-3-2
"Attorney"
Status: in_force

Sec. 2. "Attorney" means an individual in good standing admitted to the practice of law in Indiana. The term includes a professional corporation (as defined in IC 23-1.5-1-10) formed by one (1) or more attorneys.

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

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-38-6-22 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-22
Salary warrants indicating deductions of contributions
Status: in_force

Sec. 22. The state comptroller and the county auditor in the preparation of salary warrants to participants shall indicate on the payroll voucher the following information, in addition to other things:

(1) The amount of the participant's contribution to the fund deducted from the salary of the participant.

(2) The net amount payable to the participant, after the deduction of the participant's contribution.

[Pre-2004 Recodification Citation: 33-13-8-22.]

As added by P.L.98-2004, SEC.17. Amended by P.L.9-2024, SEC.517.
Ind. Code § 33-38-5-4 — Indiana Code / Title 33 / Article 38 / Chapter 5 / Section 33-38-5-4
Grading of counties
Status: in_force

Sec. 4. For purposes of this chapter, each county is:

(1) graded on the basis of population and gross assessed valuation; and

(2) set up on the percentage ratio it bears to the state, the whole state being considered as one hundred percent (100%).

[Pre-2004 Recodification Citation: 33-13-12-5.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-28-3 — Indiana Code / Title 33 / Article 33 / Chapter 28 / Section 33-33-28-3
Judge; location of court sessions
Status: in_force

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

(1) the Greene County courthouse in Bloomfield; or

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

[Pre-2004 Recodification Citation: 33-5-19.5-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-2-14 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-14
Personnel
Status: in_force

Sec. 14. (a) The Allen superior court may appoint probate commissioners, juvenile referees, bailiffs, court reporters, probation officers, and other personnel, including an administrative officer, the court believes are necessary to facilitate and transact the business of the court.

(b) In addition to the personnel authorized under subsection (a) and IC 31-31-3, the following magistrates may be appointed:

(1) The judges of the Allen superior court-civil division may jointly appoint not more than four (4) full-time magistrates under IC 33-23-5 to serve the Allen superior court-civil division. The judges of the Allen superior court-civil division may jointly assign any magistrates the duties and powers of a probate commissioner.

(2) The judge of the Allen superior court-criminal division may jointly appoint not more than three (3) full-time magistrates under IC 33-23-5 to serve the Allen superior court-criminal division. Any magistrate serves at the pleasure of, and continues in office until jointly removed by, the judges of the division that appointed the magistrate.

(c) All appointments made under this section must be made without regard to the political affiliation of the appointees. The salaries of the personnel shall be fixed and paid as provided by law. If the salaries of any of the personnel are not provided by law, the amount and time of payment of the salaries shall be fixed by the court, to be paid out of the county treasury by the county auditor, upon the order of the court, and be entered of record. The officers and persons appointed shall perform duties as are prescribed by the court. Any administrative officer appointed by the court shall operate under the jurisdiction of the chief judge and serve at the pleasure of the chief judge. Any probate commissioners, magistrates, juvenile referees, bailiffs, court reporters, probation officers, and other personnel appointed by the court serve at the pleasure of the court.

(d) Any probate commissioner appointed by the court may be vested by the court with all suitable powers for the handling and management of the probate and guardianship matters of the court, including the fixing of all bonds, the auditing of accounts of estates and guardianships and trusts, acceptance of reports, accounts, and settlements filed in the court, the appointment of personal representatives, guardians, and trustees, the probating of wills, the taking and hearing of evidence on or concerning such matters, or any other probate, guardianship, or trust matters in litigation before the court, the enforcement of court rules and regulations, the making of reports to the court concerning the probate commissioner's actions under this subsection, including the taking and hearing of evidence together with the commissioner's findings and conclusions regarding the evidence. However, all matters under this subsection are under the final jurisdiction and decision of the judges of the court.

(e) A juvenile referee appointed by the court may be vested by the court with all suitable powers for the handling and management of the juvenile matters of the court, including the fixing of bonds, the taking and hearing of evidence on or concerning any juvenile matters in litigation before the court, the enforcement of court rules and regulations, and the making of reports to the court concerning the referee's actions under this subsection. The actions of a juvenile referee under this subsection are under final jurisdiction and decision of the judges of the court.

(f) A probate commissioner or juvenile referee may:

(1) summon witnesses to testify before the commissioner or juvenile referee; and

(2) administer oaths and take acknowledgments;

to carry out the commissioner's or juvenile referee's duties and powers.

[Pre-2004 Recodification Citation: 33-5-5.1-8.]

As added by P.L.98-2004, SEC.12. Amended by P.L.1-2007, SEC.216; P.L.127-2008, SEC.9.
Ind. Code § 33-38-5-5 — Indiana Code / Title 33 / Article 38 / Chapter 5 / Section 33-38-5-5
Classes of counties; population; gross assessed valuation
Status: in_force

Sec. 5. (a) The nine (9) classes of the several counties of the state as set out in this chapter are based on a unit factor system. The factors are determined by the relation of the county to the state as established and certified to each county auditor by the state board of accounts not later than July 1 of each year. They are as follows:

(1) Population.

(2) Gross assessed valuation as shown by the last preceding gross assessed valuation as certified by the various counties to the state comptroller in the calendar year in which the calculation is made.

(b) The factors for each of the nine (9) classes set out in this chapter shall be obtained as follows:

(1) The population of each county shall be divided by the population of the entire state.

(2) The gross assessed valuation of each county shall be divided by the gross assessed valuation of the entire state.

(3) The results obtained under subdivision (1) and (2) shall be added together and the sum obtained for each county shall be divided by two (2).

(4) The result obtained under subdivision (3), multiplied by one hundred (100), determines the classification of each county according to the following schedule:

Classification Factors

High

Low

Class

No limit

8.00

1

All under

8.00

2.25

2

All under

2.25

1.25

3

All under

1.25

.85

4

All under

.85

.70

5

All under

.70

.60

6

All under

.60

.50

7

All under

.50

.35

8

All under

.35

no limit

9

[Pre-2004 Recodification Citation: 33-13-12-7.1.]

As added by P.L.98-2004, SEC.17. Amended by P.L.9-2024, SEC.514.
Ind. Code § 33-32-2-8 — Indiana Code / Title 33 / Article 32 / Chapter 2 / Section 33-32-2-8
Purchase of judgment, decree, or allowance prohibited
Status: in_force

Sec. 8. The clerk may not become the purchaser of any judgment, decree, or allowance of any court of which the clerk is an officer. All these purchases are void as to the purchaser.

[Pre-2004 Recodification Citation: 33-17-1-9.]

As added by P.L.98-2004, SEC.11.
Ind. Code § 33-36-2-2 — Indiana Code / Title 33 / Article 36 / Chapter 2 / Section 33-36-2-2
Clerk or clerk-treasurer to serve as violations clerk if ordinance violations bureau not established
Status: in_force

Sec. 2. If the legislative body does not establish an ordinance violations bureau under section 1 of this chapter, the clerk or clerk-treasurer of the municipal corporation is designated the violations clerk for purposes of this chapter.

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

As added by P.L.98-2004, SEC.15.
Ind. Code § 33-33-21-4 — Indiana Code / Title 33 / Article 33 / Chapter 21 / Section 33-33-21-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-17.1-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-10-3.1 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-3.1
Expired
Status: repealed

As added by P.L.138-2020, SEC.6. Expired 1-2-2025 by P.L.138-2020, SEC.6.
Ind. Code § 33-33-47-9 — Indiana Code / Title 33 / Article 33 / Chapter 47 / Section 33-33-47-9
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-32.5-4.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-38-14-11 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-11
Meetings of commissioners
Status: in_force

Sec. 11. (a) The commission shall meet as necessary to discharge its statutory responsibilities. Meetings of the commission shall be called in the same manner as prescribed for the judicial nominating commission. Four (4) members of the commission constitute a quorum.

(b) Commission meetings are to be held in Indiana on the call of the chairman.

(c) The commission may act only at a meeting. The commission may adopt rules and regulations to conduct its meetings and discharge its duties.

[Pre-2004 Recodification Citation: 33-2.1-6-5.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-37-4-7 — Indiana Code / Title 33 / Article 37 / Chapter 4 / Section 33-37-4-7
Probate costs fee; additional fees
Status: in_force

Sec. 7. (a) Except as provided under subsection (c), the clerk shall collect from the party filing the action a probate costs fee of one hundred twenty dollars ($120) for each action filed under any of the following:

(1) IC 29 (probate).

(2) IC 30 (trusts and fiduciaries).

(b) In addition to the probate costs fee collected under subsection (a), the clerk shall collect from the party filing the action 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 document storage fee (IC 33-37-5-20).

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

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

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

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

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

(8) A pro bono legal services fee (IC 33-37-5-31).

(c) A clerk may not collect a court costs fee for the filing of the following exempted actions:

(1) Petition to open a safety deposit box.

(2) Filing an inheritance tax return, unless proceedings other than the court's approval of the return become necessary.

(3) Offering a will for probate under IC 29-1-7, unless proceedings other than admitting the will to probate become necessary.

(4) Filing a closing statement for an estate described in IC 29-1-8-4.

[Pre-2004 Recodification Citation: 33-19-5-6.]

As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004, SEC.22; P.L.95-2004, SEC.10; P.L.2-2005, SEC.106; P.L.176-2005, SEC.9; P.L.136-2012, SEC.16; P.L.39-2017, SEC.5; P.L.79-2017, SEC.76; P.L.194-2017, SEC.15; P.L.174-2022, SEC.63; P.L.106-2025, SEC.5.
Ind. Code § 33-37-5-0.2 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-0.2
Repealed
Status: repealed

As added by P.L.220-2011, SEC.539. Repealed by P.L.63-2012, SEC.38.
Ind. Code § 33-38-14-26 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-26
Extension of time
Status: in_force

Sec. 26. (a) The chairman of the commission may extend the time for:

(1) filing an answer;

(2) commencing a hearing before the commission; or

(3) filing objections to the report of the masters.

(b) The presiding master, with the approval of the chairman of the commission, may extend the time for commencing a hearing before the masters.

[Pre-2004 Recodification Citation: 33-2.1-6-20.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-38-12-3 — Indiana Code / Title 33 / Article 38 / Chapter 12 / Section 33-38-12-3
"Judge"
Status: in_force

Sec. 3. As used in this chapter, "judge" means an individual who holds or formerly held one (1) of the following offices or appointments:

(1) Justice of the supreme court.

(2) Judge of the court of appeals.

(3) Judge of the tax court.

(4) Judge of a circuit court.

(5) Judge of a superior court.

(6) Judge of a probate court.

(7) Judge of a municipal court.

(8) Judge of a county court.

(9) Judge of a city court.

(10) Judge of a town court.

(11) Judge of a small claims court.

(12) A judge pro tempore, senior judge, temporary judge, or any other individual serving as judge in an action or a proceeding in an Indiana court.

(13) Bail commissioner.

(14) Magistrate.

(15) Master commissioner.

(16) Probate commissioner.

(17) Referee.

[Pre-2004 Recodification Citation: 33-13-17-3.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-39-3-1 — Indiana Code / Title 33 / Article 39 / Chapter 3 / Section 33-39-3-1
Depositions
Status: in_force

Sec. 1. Except as provided in section 2 of this chapter and upon the order of a judge trying a criminal case, the county auditor shall pay to a prosecuting attorney, from funds in the county treasury not otherwise appropriated and as a part of the costs of the trial, an amount equal to the expenses necessarily incurred by a prosecuting attorney in connection with the criminal action.

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

As added by P.L.98-2004, SEC.18. Amended by P.L.55-2022, SEC.6.
Ind. Code § 33-33-17-7 — Indiana Code / Title 33 / Article 33 / Chapter 17 / Section 33-33-17-7
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-10.8-17.]

As added by P.L.98-2004, SEC.12. Amended by P.L.237-2005, SEC.11. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-23-11-15 — Indiana Code / Title 33 / Article 23 / Chapter 11 / Section 33-23-11-15
Filing of statement
Status: in_force

Sec. 15. (a) The statement of economic interests must be filed with the commission on judicial qualifications:

(1) not later than February 1 if the individual is required to file the statement as an officeholder; or

(2) if a candidate for office, before the individual (or a political party officer acting on behalf of the individual) files:

(A) a declaration of candidacy, if required under IC 3-8-2 or IC 3-8-4-11;

(B) a certified petition of nomination with the Indiana election division under IC 3-8-6;

(C) a certificate of nomination under IC 3-8-7-8;

(D) a certificate of candidate selection under IC 3-13-1 or IC 3-13-2; or

(E) a declaration of intent to be a write-in candidate, if required under IC 3-8-2.

(b) In a county where judges are selected by a county commission on judicial qualifications, a candidate must file a statement with the county commission on judicial qualifications and with the commission on judicial qualifications.

[Pre-2004 Recodification Citation: 33-2.1-8-7.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-23-16-1 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-1
"Board"
Status: in_force

Sec. 1. As used in this chapter, "board" refers to the board of directors of the judicial conference of Indiana under IC 33-38-9-4.

As added by P.L.108-2010, SEC.4.
Ind. Code § 33-40-4-1 — Indiana Code / Title 33 / Article 40 / Chapter 4 / Section 33-40-4-1
"Council" defined
Status: in_force

Sec. 1. As used in this chapter, "council" refers to the public defender council of Indiana established by section 2 of this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.19.
Ind. Code § 33-38-8-19 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-19
Death of participant; payments when no benefits payable to survivors
Status: in_force

Sec. 19. (a) Benefits provided under this section are subject to IC 33-38-6-13.

(b) If benefits are not payable to the survivors of a participant who dies, and if a withdrawal application is filed with the board, the total of the participant's contributions, plus interest at a rate specified by rule by the board and minus any payments made to the participant, shall be paid to:

(1) the surviving spouse of the participant or a child or children of the participant, as designated by the participant;

(2) any other dependent or dependents of the participant, if a spouse or designated child or children does or do not survive; or

(3) the participant's estate, if a spouse, designated child or children, or other dependent does or do not survive.

(c) The amount owed a spouse, designated child or children, or other dependent or dependents, or estate under subsection (b) is payable within sixty (60) days from the date of receipt of the withdrawal application or in the monthly installments as the recipient elects.

[Pre-2004 Recodification Citation: 33-13-10.1-12.]

As added by P.L.98-2004, SEC.17. Amended by P.L.16-2011, SEC.6.
Ind. Code § 33-33-79.3-10 — Indiana Code / Title 33 / Article 33 / Chapter 79.3 / Section 33-33-79.3-10
Interchange of judges
Status: in_force

Sec. 10. The judge of the Tippecanoe circuit or other superior court may, with the consent of the judge of the court, sit as a judge of the court in any matter as if an elected judge of the court. The judge of the court may, with the consent of the judge of the circuit or other superior court, sit as a judge of the circuit or other superior court in any matter as if an elected judge of the circuit or other superior court.

[Pre-2004 Recodification Citation: 33-5-42.1-9.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-34-3-11 — Indiana Code / Title 33 / Article 34 / Chapter 3 / Section 33-34-3-11
Waiver of trial by jury; transfer of claim
Status: in_force

Sec. 11. (a) A filing of a civil claim in the small claims court constitutes a waiver of trial by jury by the plaintiff.

(b) A defendant in a small claims case waives the right to trial by jury unless the defendant requests a jury trial at least three (3) calendar days before the trial date that appears on the complaint. Upon the filing of a jury trial request, the small claims court shall transfer the claim to the superior court of the county. The defendant shall pay all costs necessary for filing the claim in the superior court as if the cause had been filed initially in that court.

(c) A notice of claim filed in the small claims court must include a statement that reflects the provisions of subsection (b).

[Pre-2004 Recodification Citation: 33-11.6-4-10.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-42-0.5-31 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-31
"Stamping device"
Status: in_force

Sec. 31. "Stamping device" means:

(1) a physical device capable of affixing or embossing a tangible record with an official seal; or

(2) an electronic device or process capable of pairing an electronic seal with an electronic record.

As added by P.L.59-2018, SEC.38.
Ind. Code § 33-38-14-7 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-7
"Presiding master" defined
Status: in_force

Sec. 7. As used in this chapter, "presiding master" means the master so designated by the chief justice or, in the absence of a designation, the justice or judge named in the order appointing masters.

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

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-35-1-6 — Indiana Code / Title 33 / Article 35 / Chapter 1 / Section 33-35-1-6
Interlocal agreements; ordinance violations
Status: in_force

Sec. 6. (a) A city or town that has not established a court under this chapter may enter into an interlocal agreement under IC 36-1-7 with a city or town that:

(1) has established a court under this chapter; and

(2) is located in the same judicial circuit as the city or town that has not established a court;

to hear and dispose of ordinance violations that would otherwise come under the jurisdiction of a court established by the city or town under this chapter.

(b) A county may enter into an interlocal agreement under IC 36-1-7 with a city or town that:

(1) has established a court under this chapter; and

(2) is located within the same county;

to hear and dispose of ordinance violations that would otherwise come under the jurisdiction of another court located in the county.

As added by P.L.55-2010, SEC.1. Amended by P.L.75-2018, SEC.2.
Ind. Code § 33-42-0.5-7 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-7
"Credential analysis"
Status: in_force

Sec. 7. "Credential analysis" means a process or service:

(1) approved by the secretary of state;

(2) performed by a third person; and

(3) through which review of public and proprietary data sources provides confidence concerning the validity of a credential.

As added by P.L.59-2018, SEC.14.
Ind. Code § 33-38-6-17 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-17
Appropriation from state general fund
Status: in_force

Sec. 17. (a) For purposes of this chapter, there is appropriated for each biennium a sum of money, computed on an actuarially funded basis, as follows:

(1) From the state general fund for participants' retirement benefits, the amount determined by the board, on recommendation of an actuary, which, when added to the part of the fund held for benefits at the date of the appropriation, is equal to the total liability of the fund for benefits to the end of the biennium.

(2) From the earnings on the fund, for administration purposes, the amount required during the biennium, as determined by the board on the basis of experience. The amount required for administration shall be paid out as the operating expenses of other state departments are paid.

(b) The biennial appropriation provided in this section shall be credited to the board annually in equal installments in July of each year of the biennium.

[Pre-2004 Recodification Citation: 33-13-8-16.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-27-3 — Indiana Code / Title 33 / Article 33 / Chapter 27 / Section 33-33-27-3
Superior court judicial district
Status: in_force

Sec. 3. Grant County constitutes the Grant superior court judicial district.

[Pre-2004 Recodification Citation: 33-5-11-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-24-3-4 — Indiana Code / Title 33 / Article 24 / Chapter 3 / Section 33-24-3-4
Powers of court
Status: in_force

Sec. 4. The supreme court may do the following:

(1) Frame, direct, and cause to be used all process, establish modes of practice that may be necessary in the exercise of the supreme court's authority, and make and publish regulations concerning all process and modes of practice.

(2) Establish regulations concerning bonds required in appeals to the supreme court, the amount of the penalties related to the bonds, and for approving sureties executing bonds.

(3) Establish regulations concerning giving notice to officers of inferior courts of the granting of stay of execution, or of supersedeas.

(4) Establish regulations concerning proceedings that are requisite in the supreme court in the exercise of the supreme court's authority that are not specially provided for by law.

[Pre-2004 Recodification Citation: 33-2-1-3.]

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

Sec. 2. Allen County constitutes the thirty-eighth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-2.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-89.3-2 — Indiana Code / Title 33 / Article 33 / Chapter 89.3 / Section 33-33-89.3-2
Establishment of superior court
Status: in_force

Sec. 2. There is established a court of record having general jurisdiction to be known as the Wayne superior court No. 3 (referred to as "the court" in this chapter). The court may have a seal containing the words "Wayne Superior Court No. 3, Wayne County, Indiana". Wayne County comprises the judicial district of the court.

[Pre-2004 Recodification Citation: 33-5-48-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-28-3-8 — Indiana Code / Title 33 / Article 28 / Chapter 3 / Section 33-28-3-8
Minor offenses and violations docket; jurisdiction; traffic violations bureau
Status: in_force

Sec. 8. (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.

[Pre-2004 Recodification Citation: 33-4-3-11.]

As added by P.L.98-2004, SEC.7. Amended by P.L.201-2011, SEC.24; P.L.158-2013, SEC.337.
Ind. Code § 33-33-79-1 — Indiana Code / Title 33 / Article 33 / Chapter 79 / Section 33-33-79-1
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 § 33-33-2-35 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-35
Judicial nominating commission; attorney members
Status: in_force

Sec. 35. (a) Persons who are admitted to the practice of law and who reside in Allen County (referred to as "attorney electors") shall elect three (3) members to serve on the commission. The term of office of each elected attorney member is four (4) years, commencing on the first day of October following the member's election. The election day is the first Tuesday in September 1983, and every four (4) years thereafter. During the month before the expiration of each attorney commissioner's term of office, an election shall be held to fill the succeeding four (4) year term of office.

(b) Except when a term of office has less than ninety (90) days remaining, vacancies in the office of an attorney commissioner shall be filled for the unexpired term by a special election.

[Pre-2004 Recodification Citation: 33-5-5.1-33.1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-42-13-4 — Indiana Code / Title 33 / Article 42 / Chapter 13 / Section 33-42-13-4
Notario publico deception
Status: in_force

Sec. 4. (a) A person who knowingly or intentionally:

(1) advertises notarial services without using the statement described in section 3(d) of this chapter;

(2) advertises notarial services while claiming to be an expert on immigration matters without being a designated entity as described in 8 CFR 245 a.11; or

(3) accepts payment in exchange for providing legal advice or any other assistance that requires legal analysis, judgment, or interpretation of the law;

commits notario publico deception, a Class A misdemeanor.

(b) It is a defense to a prosecution under this section that a notary public is also licensed to practice law in Indiana.

As added by P.L.128-2017, SEC.21. Amended by P.L.59-2018, SEC.59.
Ind. Code § 33-38-6-24 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-24
Rollover to eligible retirement plan
Status: in_force

Sec. 24. Notwithstanding any other provision of this chapter, IC 33-38-7, or IC 33-38-8, to the extent required by Internal Revenue Code Section 401(a)(31) of the Internal Revenue Code, as added by the Unemployment Compensation Amendments of 1992 (P.L. 102-318), and any amendments and regulations related to Section 401(a)(31) of the Internal Revenue Code, 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: 33-13-8-26.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-42-9-10 — Indiana Code / Title 33 / Article 42 / Chapter 9 / Section 33-42-9-10
Notarial acts under federal law
Status: in_force

Sec. 10. (a) A notarial act performed under federal law shall be presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana if the notarial act performed under federal law is performed by:

(1) a judge, clerk, or deputy clerk of a court;

(2) an individual who is authorized to perform the notarial act under federal law and is:

(A) presently serving in the armed forces of the United States; or

(B) performing duties under the authority of the armed forces of the United States;

(3) an individual designated as a notarial officer by the United States Department of State for the purpose of performing notarial acts overseas;

(4) a commissioned officer with the rank of:

(A) second lieutenant or higher in the active service of the:

(i) United States Army;

(ii) United States Marine Corps;

(iii) United States Air Force; or

(iv) United States Space Force; or

(B) ensign or higher in the active service of the:

(i) United States Coast Guard; or

(ii) United States Navy; or

(5) any other individual authorized by federal law to perform the notarial act.

(b) The signature and title of an individual acting under federal authority while performing a notarial act are prima facie evidence of the fact that:

(1) the signature is genuine; and

(2) the individual holds the designated title.

(c) The signature and title of a notarial officer described in subsection (a)(1), (a)(2), or (a)(3) conclusively establish the authority of the notarial officer to perform the notarial act.

As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.50; P.L.215-2018(ss), SEC.14; P.L.238-2025, SEC.84.
Ind. Code § 33-39-6-1 — Indiana Code / Title 33 / Article 39 / Chapter 6 / Section 33-39-6-1
Payment of compensation; conferences for coordinated law enforcement plans
Status: in_force

Sec. 1. (a) Prosecuting attorneys and deputy prosecuting attorneys are entitled to receive the compensation provided in this chapter. The minimum compensation of the prosecuting attorneys shall be paid in the manner prescribed in section 5 of this chapter. The compensation of the deputy prosecuting attorneys shall be paid in the manner prescribed in section 2 of this chapter.

(b) Upon the allowance of an itemized and verified claim by the board of county commissioners, the auditor of the county shall issue a warrant to a prosecuting attorney or deputy prosecuting attorney who filed the claim to pay any part of the compensation of a prosecuting attorney or a deputy prosecuting attorney that exceeds the amount that the state is to pay.

(c) A deputy prosecuting attorney who knowingly divides compensation with the prosecuting attorney or any other officer or person in connection with employment commits a Class B misdemeanor.

(d) A prosecuting attorney or any other officer or person who knowingly accepts any division of compensation described in subsection (c) commits a Class B misdemeanor.

(e) The prosecuting attorneys council of Indiana shall call at least one (1) and not more than two (2) conferences of the prosecuting attorneys, each year, to consider, discuss, and develop coordinated plans for the enforcement of the laws of Indiana. The conferences of the prosecuting attorneys are subject to the following:

(1) The date or dates upon which the conferences are held shall be fixed by the prosecuting attorneys council of Indiana.

(2) The expenses necessarily incurred by a prosecuting attorney in attending a conference, including the actual expense of transportation to and from the place where the conference is held, together with meals and lodging, shall be paid from the general fund of the county upon the presentation of an itemized and verified claim, filed as required by law, and by warrant issued by the county auditor.

(3) If there is more than one (1) county in any judicial circuit, the expenses of the prosecuting attorneys incurred by virtue of this subsection shall be paid from the general fund of the respective counties constituting the circuit in the same proportion as the populations of the counties.

[Pre-2004 Recodification Citation: 33-14-7-1.]

As added by P.L.98-2004, SEC.18. Amended by P.L.65-2004, SEC.19; P.L.55-2022, SEC.8.
Ind. Code § 33-33-64-15 — Indiana Code / Title 33 / Article 33 / Chapter 64 / Section 33-33-64-15
Presiding judge
Status: in_force

Sec. 15. (a) The Porter superior court by rules adopted by the court, shall designate one (1) of the judges as presiding judge and fix the time the judge presides.

(b) The presiding judge shall be responsible for the operation and conduct of the court and for seeing that the court operates efficiently and judicially.

(c) If an agreement is not reached, the judge with the most seniority as a judge of a court of record shall act as presiding judge.

[Pre-2004 Recodification Citation: 33-5-38-23.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-23-4-3 — Indiana Code / Title 33 / Article 23 / Chapter 4 / Section 33-23-4-3
Appointment
Status: in_force

Sec. 3. The court administrator shall be appointed by and serve at the pleasure of the majority of the judges of the following courts of the county sitting in committee:

(1) Circuit court.

(2) Superior court.

(3) Juvenile court.

(4) Probate court.

(5) Criminal court.

[Pre-2004 Recodification Citation: 33-1-12-2.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-25-2-3 — Indiana Code / Title 33 / Article 25 / Chapter 2 / Section 33-25-2-3
Expiration of term of judge who does not file for retention
Status: in_force

Sec. 3. This section applies to a judge:

(1) who does not file a statement under section 2 of this chapter; and

(2) whose term expires under Article 7, Section 11 of the Constitution of the State of Indiana during the year in which the question of the retention of the judge would have been placed on the general election ballot.

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

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

As added by P.L.98-2004, SEC.4.
Ind. Code § 33-33-87-9 — Indiana Code / Title 33 / Article 33 / Chapter 87 / Section 33-33-87-9
Powers of judges
Status: in_force

Sec. 9. (a) The Warrick superior court No. 1 or Warrick superior court No. 2 may make rules for conducting the business of the court.

(b) The Warrick superior court No. 1 or the Warrick superior court No. 2 may issue warrants and issue and direct all processes that are necessary in exercising the jurisdiction conferred under this chapter. The Warrick superior court No. 1 or Warrick superior court No. 2 may make all proper judgments, sentences, decrees, and orders, issue all process, and do all acts necessary or proper to carry the jurisdiction conferred under this chapter into effect.

(c) The Warrick superior court No. 1 or the Warrick superior court No. 2 has the same power as the circuit court or a judge of the circuit court in relation to the attendance of witnesses, the punishment of contempts, and the enforcing of a court's orders. The Warrick superior court No. 1 or Warrick superior court No. 2 may administer oaths and give all necessary certificates for the authentication of the records and proceedings of the court.

[Pre-2004 Recodification Citation: 33-5-45.5-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-34-5 — Indiana Code / Title 33 / Article 33 / Chapter 34 / Section 33-33-34-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-20.1-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.237-2005, SEC.25.
Ind. Code § 33-37-5-11 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-11
Alcohol abuse deterrent fee; medical fee; collection
Status: in_force

Sec. 11. (a) This section applies to an action in a court in a county that has established a program under IC 9-30-9.

(b) The probation department shall collect an alcohol abuse deterrent program fee and a medical fee set by the court under IC 9-30-9-8 and deposit the fee into the supplemental adult probation services fund.

[Pre-2004 Recodification Citation: 33-19-6-11.]

As added by P.L.98-2004, SEC.16. Amended by P.L.84-2016, SEC.147.
Ind. Code § 33-33-32-8 — Indiana Code / Title 33 / Article 33 / Chapter 32 / Section 33-33-32-8
Repealed
Status: repealed

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

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-82-20 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-20
Laws and rules applicable to practice and procedure
Status: in_force

Sec. 20. All laws of the state and all rules adopted by the supreme court governing the circuit court in matters of pleading, practice, the issuing and service of process, the giving of notice, the appointment 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 are applicable to and govern the superior court.

[Pre-2004 Recodification Citation: 33-5-43-20.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-46-2 — Indiana Code / Title 33 / Article 33 / Chapter 46 / Section 33-33-46-2
Establishment of standard superior courts
Status: in_force

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

(b) Except as otherwise provided in this chapter, the LaPorte superior courts are standard superior courts as described in IC 33-29-1.

(c) LaPorte County comprises the judicial district of the courts.

[Pre-2004 Recodification Citation: 33-5-31.1-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-47-8 — Indiana Code / Title 33 / Article 33 / Chapter 47 / Section 33-33-47-8
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-32.5-4.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-40-8-5 — Indiana Code / Title 33 / Article 40 / Chapter 8 / Section 33-40-8-5
Transcription of notes of evidence
Status: in_force

Sec. 5. (a) Subject to subsection (b), if an indigent person:

(1) desires to appeal to the supreme court or the court of appeals the decision of a trial court in a criminal case; and

(2) does not have sufficient means to procure the typed or printed manuscript or transcript of the evidence taken by the court reporter;

the court shall direct the court reporter to transcribe the notes of evidence into a typed or printed manuscript or transcript as soon as practicable and deliver the manuscript or transcript to the indigent person.

(b) Notwithstanding subsection (a):

(1) the court must be satisfied that the indigent person lacks sufficient means to pay the court reporter for making the manuscript or transcript of evidence; and

(2) the court reporter may charge the compensation allowed by law in cases for making and furnishing a manuscript or transcript. The reporter shall be paid by the court from the proper county treasury.

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

As added by P.L.98-2004, SEC.19. Amended by P.L.65-2004, SEC.20.
Ind. Code § 33-44-6-11 — Indiana Code / Title 33 / Article 44 / Chapter 6 / Section 33-44-6-11
Confidentiality of information identifying beneficial owner of account
Status: in_force

Sec. 11. A paper, a record, a document, or other information identifying an attorney, a client, or a beneficial owner of an interest bearing attorney trust account is confidential.

[Pre-2004 Recodification Citation: 33-20-6-11.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-71-2 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-2
Judicial circuit
Status: in_force

Sec. 2. St. Joseph County constitutes the sixtieth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-75.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-46-5 — Indiana Code / Title 33 / Article 33 / Chapter 46 / Section 33-33-46-5
Magistrate
Status: in_force

Sec. 5. (a) The judges of the court may, by a vote of the majority of the judges, appoint one (1) full-time magistrate under IC 33-23-5.

(b) The magistrate appointed under subsection (a) continues in office until removed by the vote of a majority of the judges of the court.

[Pre-2004 Recodification Citation: 33-5-31.1-12.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-23-9-1 — Indiana Code / Title 33 / Article 23 / Chapter 9 / Section 33-23-9-1
Guarantors of Indiana national guard members
Status: in_force

Sec. 1. (a) An Indiana state court may grant the rights, benefits, and protections described in Section 513 of the federal Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., to a person primarily or secondarily liable on an obligation or a liability of an Indiana national guard member to whom IC 10-16-7-23 applies.

(b) All rights, benefits, and protections granted to a person under subsection (a) are in addition to the rights, benefits, and protections granted the person under the federal Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq.

[Pre-2004 Recodification Citation: 33-1-18-1.]

As added by P.L.98-2004, SEC.2. Amended by P.L.156-2015, SEC.5.
Ind. Code § 33-33-78-14 — Indiana Code / Title 33 / Article 33 / Chapter 78 / Section 33-33-78-14
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.7-16.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.127-2008, SEC.21.
Ind. Code § 33-33-27-5 — Indiana Code / Title 33 / Article 33 / Chapter 27 / Section 33-33-27-5
Location of court sessions
Status: in_force

Sec. 5. The Grant superior court shall hold its sessions in Marion.

[Pre-2004 Recodification Citation: 33-5-11-12.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-9-1 — Indiana Code / Title 33 / Article 37 / Chapter 9 / Section 33-37-9-1
"State fund"
Status: in_force

Sec. 1. As used in this chapter, "state fund" refers to the state user fee fund established by section 2 of this chapter.

[Pre-2004 Recodification Citation: 33-19-9-1.]

As added by P.L.98-2004, SEC.16.
Ind. Code § 33-33-2-39 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-39
Vacancy in judgeship; nomination of candidates; meetings of commission
Status: in_force

Sec. 39. (a) When a judge of the superior court:

(1) dies, resigns, is removed from office; or

(2) is for any reason ineligible to continue or incapable of continuing in office until the end of the judge's term in office;

a judge in another division may not more than thirty (30) days after the vacancy occurs transfer to the vacant position for the remainder of the transferring judge's term. A judge who has made one (1) transfer is ineligible to make any other transfers. If more than one (1) judge desires to transfer, the most senior of these judges is entitled to transfer. After a transfer, or the thirty (30) day period if a transfer is not made, the commission shall meet to nominate three (3) candidates to fill the unexpired term of the vacancy caused by the transferring judge or the original vacancy if a transfer is not made.

(b) The clerk shall promptly notify the members of the commission of a vacancy that the commission must fill under subsection (a), and the chairman shall call a meeting of the commission within ten (10) days following that notice. The commission shall submit its nominations of three (3) candidates for the vacancy and shall certify them to the governor not later than sixty (60) days after the vacancy occurred. When it is known that a vacancy will occur at a definite future date within the term of the governor then serving:

(1) the clerk shall notify the chairman and each member of the commission immediately; and

(2) the chairman shall call a meeting of the commission within ten (10) days following that notice.

The commission may then submit its nominations of three (3) candidates for each impending vacancy and shall certify them to the governor.

(c) Meetings of the commission shall be called by its chairman, or, if the chairman fails to call a necessary meeting, upon the call of any four (4) members of the commission. Written notice of a meeting shall be given by mail to each member of the commission at least five (5) days before the meeting, unless the commission at its previous meeting designated the time and place of its next meeting.

(d) Meetings of the commission may be held in the Allen County courthouse or in another public building in Allen County designated by the commission.

(e) The commission shall act only at a meeting and may act only by the concurrence of a majority of its members attending a meeting. The commission may adopt rules for the conduct of its proceedings and the discharge of its duties.

[Pre-2004 Recodification Citation: 33-5-5.1-37.1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-60-2 — Indiana Code / Title 33 / Article 33 / Chapter 60 / Section 33-33-60-2
Judges; jurisdiction; dockets
Status: in_force

Sec. 2. (a) The Owen circuit court is a court of general jurisdiction with two (2) judges. The divisions of the circuit court shall be known as Owen circuit court No. 1 and Owen circuit court No. 2. Owen County constitutes the judicial district of the circuit court and each of the court's divisions. The circuit 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.

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

As added by P.L.83-2013, SEC.4.
Ind. Code § 33-33-71-28 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-28
Circuit court judge sitting as superior court judge
Status: in_force

Sec. 28. The judge of the St. Joseph circuit court at the circuit court judge's discretion, may sit as a judge of the superior court, with the chief judge's permission, in all matters pending before the superior court, without limitation and without any further order, in the same manner as if the judge of the circuit court were a judge of the superior court with all the rights and powers as if the judge of the circuit court were an elected judge of the superior court.

[Pre-2004 Recodification Citation: 33-5-40-28.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-59-2 — Indiana Code / Title 33 / Article 33 / Chapter 59 / Section 33-33-59-2
Establishment of standard superior court
Status: in_force

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

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

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

[Pre-2004 Recodification Citation: 33-5-37.8-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-0.5-8 — Indiana Code / Title 33 / Article 33 / Chapter 0.5 / Section 33-33-0.5-8
Transition to multiple remaining courts
Status: in_force

Sec. 8. (a) This section applies if, on the abolition date, there are two (2) or more remaining courts.

(b) On the abolition date, all agreements and liabilities of the abolished court are transferred to the remaining courts in a manner jointly determined by the remaining courts.

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

(d) On the abolition date, any amounts owed to the abolished court before the abolition date are considered to be owed to the remaining courts, in a manner jointly determined by the remaining courts.

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

(f) On the abolition date, all proceedings pending before the abolished court are transferred to the remaining courts in a manner jointly determined by the remaining courts.

As added by P.L.224-2025, SEC.2.
Ind. Code § 33-39-8.1-3 — Indiana Code / Title 33 / Article 39 / Chapter 8.1 / Section 33-39-8.1-3
"Noncompliant prosecuting attorney"
Status: in_force

Sec. 3. As used in this chapter, "noncompliant prosecuting attorney" means a prosecuting attorney who has engaged in a pattern of conduct that reflects a refusal to prosecute a criminal law enacted by the general assembly.

As added by P.L.147-2025, SEC.2.
Ind. Code § 33-28-5-21 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-21
Motion to stay proceedings or dismiss indictment for failure to comply with chapter
Status: in_force

Sec. 21. (a) Not later than seven (7) days after a moving party discovers or by the exercise of diligence could have discovered grounds, but before a petit jury is sworn to try a case, a party may:

(1) in a civil case move to stay the proceedings; and

(2) in a criminal case move:

(A) to dismiss the indictment (if the case has been brought by indictment);

(B) to stay the proceedings; or

(C) for other appropriate relief;

on the ground of substantial failure to comply with this chapter in selecting the prospective grand or petit jurors.

(b) Upon a motion filed under subsection (a) containing a sworn statement of facts that, if true, would constitute a substantial failure to comply with this chapter, the moving party may present evidence in support of the motion.

(c) If the court determines that in selecting either a grand jury or a petit jury there has been a substantial failure to comply with this chapter, the court:

(1) shall stay the proceedings pending the selection of the jury in conformity with this chapter; and

(2) may dismiss an indictment (if the case was brought by indictment) or grant other appropriate relief.

(d) The procedures required by this section are the exclusive means by which the state, a person accused of an offense, or a party in a civil case may challenge a jury on the ground that the jury was not selected in conformity with this chapter.

(e) The parties to the case may inspect, reproduce, and copy the records or papers of the jury administrator at all reasonable times during the preparation and pendency of a motion under subsection (a).

[Pre-2004 Recodification Citation: 33-4-11-21.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.17.
Ind. Code § 33-33-55-8 — Indiana Code / Title 33 / Article 33 / Chapter 55 / Section 33-33-55-8
Magistrate
Status: in_force

Sec. 8. The judges of the Morgan circuit and Morgan superior court may jointly appoint one (1) full-time magistrate under IC 33-23-5. The magistrate continues in office until removed by the judges of the circuit and superior courts.

[Pre-2004 Recodification Citation: 33-5-37-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-42-5-3 — Indiana Code / Title 33 / Article 42 / Chapter 5 / Section 33-42-5-3
Appendage of trustee's date of election
Status: in_force

Sec. 3. When signing any certificate of acknowledgment, jurat, or other official document, the trustee must append to it the trustee's date of election as a trustee.

[Pre-2004 Recodification Citation: 33-16-8-3.]

As added by P.L.98-2004, SEC.21.
Ind. Code § 33-40-5-3 — Indiana Code / Title 33 / Article 40 / Chapter 5 / Section 33-40-5-3
Chairperson; vacancies; reimbursement of member expenses; meetings
Status: in_force

Sec. 3. (a) The members of the commission shall designate one (1) member of the commission as chairperson.

(b) A vacancy occurring among the members of the commission before the expiration of a term shall be filled in the same manner as the original appointment. An appointment to fill a vacancy occurring before the expiration of a term is for the remainder of the unexpired term.

(c) Each member of the commission who is a state employee is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

(d) A member of the commission who is not a state employee is entitled to:

(1) the minimum salary per diem provided by IC 4-10-11-2.1(b); and

(2) reimbursement for mileage, traveling expenses, and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

(e) Each member of the commission who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency.

(f) Expenses paid under subsections (c) and (d) shall be paid from appropriations made to the commission.

(g) The commission shall meet at least quarterly and at times called by the chairperson or at the request of three (3) commission members.

[Pre-2004 Recodification Citation: 33-9-13-2.]

As added by P.L.98-2004, SEC.19. Amended by P.L.42-2024, SEC.155.
Ind. Code § 33-42-9-4 — Indiana Code / Title 33 / Article 42 / Chapter 9 / Section 33-42-9-4
Authentication of individual's identity
Status: in_force

Sec. 4. (a) A notarial officer has personal knowledge of an individual's identity if the:

(1) individual is personally known to the notarial officer; or

(2) notarial officer has transacted sufficient, prior business with the individual to know the individual's identity.

(b) If a notarial officer does not have personal knowledge of an individual's identity, the notarial officer may authenticate the identity of the individual through one (1) of the following means:

(1) An inspection of any of the following that, if expired, has not been expired for more than three (3) years:

(A) The individual's passport.

(B) The individual's driver's license.

(C) The individual's government issued identification card.

(D) A credential that:

(i) is not described in clauses (A) through (C);

(ii) is government issued; and

(iii) contains a photograph of the individual.

(2) A verification on an oath or affirmation by a credible witness who:

(A) personally:

(i) appears before the notarial officer; and

(ii) is personally known by the notarial officer; or

(B) is identified to the notarial officer by a credential described in subdivision (1).

(c) A notarial officer may require an individual to provide additional identification or information before performing a notarial act.

As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.45.
Ind. Code § 33-23-4-1 — Indiana Code / Title 33 / Article 23 / Chapter 4 / Section 33-23-4-1
Application of chapter
Status: in_force

Sec. 1. This chapter does not apply to a county having a court administrator under Indiana law before July 29, 1975.

[Pre-2004 Recodification Citation: 33-1-12-6.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-47-6 — Indiana Code / Title 33 / Article 33 / Chapter 47 / Section 33-33-47-6
Personnel; magistrate
Status: in_force

Sec. 6. (a) In addition to the personnel appointed under IC 33-29-1-5, each judge may appoint additional officers and personnel necessary for the proper administration of the judge's duties as judge of the Lawrence superior court.

(b) The judge of the Lawrence County juvenile court may appoint not more than one (1) full-time magistrate under IC 33-23-5.

[Pre-2004 Recodification Citation: 33-5-32.5-18.]

As added by P.L.98-2004, SEC.12. Amended by P.L.224-2025, SEC.11.
Ind. Code § 33-33-2-12 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-12
Rules and regulations; incidental powers of judges
Status: in_force

Sec. 12. (a) The Allen superior court:

(1) may make and adopt rules and regulations for conducting the business of the court, not repugnant to Indiana laws and the rules of the supreme court; and

(2) has all 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 of the superior court may administer oaths, solemnize marriages, take and certify acknowledgments of deeds, and all legal instruments, and give all necessary certificates for the authentication of the records and proceedings in the court.

[Pre-2004 Recodification Citation: 33-5-5.1-6.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-42-10-1 — Indiana Code / Title 33 / Article 42 / Chapter 10 / Section 33-42-10-1
Repealed
Status: repealed

As added by P.L.128-2017, SEC.19. Repealed by P.L.59-2018, SEC.53.
Ind. Code § 33-27-2-3 — Indiana Code / Title 33 / Article 27 / Chapter 2 / Section 33-27-2-3
Election procedure
Status: in_force

Sec. 3. The attorney commissioners of the judicial nominating commission shall be elected by the following process:

(1) The clerk of the supreme court shall, at least ninety (90) days before the date of an election, send a notice to the electronic mail address for each qualified elector shown on the records of the clerk informing the electors that nominations for the election must be made to the clerk of the supreme court at least sixty (60) days before the election.

(2) A nomination in writing accompanied by a signed petition of thirty (30) electors from the nominee's district, and the written consent of the nominee shall be filed, by mail or otherwise, by any electors or group of electors admitted to the practice of law in Indiana who reside in the same district as the nominee, in the office of the clerk of the supreme court at least sixty (60) days before the election.

(3) The clerk of the supreme court shall prepare separate ballots for each court of appeals district. These ballots must contain the names and business addresses of all nominees residing within the district for which the ballots are prepared, and whose written nominations, petitions, and written statements of consent have been received sixty (60) days before the election.

(4) The electronic ballot must read, in all material respects, as follows:

Indiana Judicial Nominating Commission

ELECTRONIC BALLOT FOR DISTRICT ( )

To be cast by individuals residing in District ( ) and registered with the Clerk of the Supreme Court as an attorney in good standing under the requirements of the Supreme Court. Vote for one (1) member listed below for Indiana Judicial Nominating Commissioner for the term commencing _______.

District ( )

(Name)

(Address)

(Name)

(Address)

(Name)

(Address)

To be counted, this ballot must be completed, signed, and electronically submitted to the Clerk of the Supreme Court of Indiana, Indianapolis, Indiana, not later than _______.

(5) In each district, the nominee receiving the most votes from the district shall be elected.

(6) The clerk shall require that the voter certify that the voter is registered with the clerk of the supreme court as an attorney in good standing under the requirements of the supreme court, and that the voter submitted the electronic ballot. The clerk of the supreme court shall not process an electronic ballot without the voter making the certification.

(7) The clerk of the supreme court shall make the electronic ballot and the accompanying material available to all electors at least two (2) weeks before the date of the election.

(8) The ballot and the accompanying certificate must be completed and received by the clerk of the supreme court by 4 p.m. on the last day of the election period.

(9) The clerk of the supreme court shall electronically tabulate the ballots after 4 p.m. on the last day of the election period. A ballot received after 4 p.m. may not be counted unless the chief justice orders an extension of time because of unusual circumstances. The electronic ballots 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 supreme court.

(10) Not later than ten (10) days after the election, the clerk shall certify the results to the secretary of state.

(11) In an election held for selection of attorney commissioners of the judicial nominating commission, if two (2) or more nominees are tied, the clerk of the supreme court, the secretary of state, and the attorney general shall resolve the tie by lot in a manner that they shall determine, and the winner of the lot is considered elected.

[Pre-2004 Recodification Citation: 33-2.1-4-3.]

As added by P.L.98-2004, SEC.6. Amended by P.L.33-2021, SEC.1.
Ind. Code § 33-32-4-8 — Indiana Code / Title 33 / Article 32 / Chapter 4 / Section 33-32-4-8
Dishonored checks
Status: in_force

Sec. 8. The clerk is not personally liable for the amount of a dishonored check, for penalties assessed against a dishonored check, or for financial institution charges relating to a dishonored check, if:

(1) the check was tendered to the clerk for the payment of a:

(A) fee;

(B) court ordered payment; or

(C) license; and

(2) the acceptance of the check was not an act or omission constituting gross negligence or an intentional disregard of the responsibilities of the office of clerk.

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

As added by P.L.98-2004, SEC.11.
Ind. Code § 33-34-1-5 — Indiana Code / Title 33 / Article 34 / Chapter 1 / Section 33-34-1-5
Circuit court judge
Status: in_force

Sec. 5. The judge of the circuit court shall extend aid and assistance to the judges in the conduct of the township small claims courts.

[Pre-2004 Recodification Citation: 33-11.6-1-7.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-42-0.5-9 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-9
"Dynamic knowledge based authentication assessment"
Status: in_force

Sec. 9. "Dynamic knowledge based authentication assessment" means a questionnaire that:

(1) consists of questions about a principal that:

(A) are derived from private and public sources; and

(B) have not been previously answered by the principal;

(2) is answered by the principal; and

(3) is reviewed by a remote notary public to assist in verifying the identity of the principal.

As added by P.L.59-2018, SEC.16.
Ind. Code § 33-33-82-22 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-22
Appeals from orders or judgments
Status: in_force

Sec. 22. Any party may appeal to the supreme court or the court of appeals from any order or judgment of the superior court in any case where an appeal may be had from a similar order or judgment of the circuit court. The appeal is governed by the law and rules governing appeals to the court of appeals and the supreme court.

[Pre-2004 Recodification Citation: 33-5-43-23.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-5-36 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-36
Establishes the small claims fund; sources of revenue for the fund; semiannual transfer
Status: in_force

Sec. 36. (a) The small claims fund is established. The auditor of Marion County shall administer the fund.

(b) The small claims fund consists of the following fees distributed under IC 33-34-8-3(b)(3):

(1) Judicial salaries fees.

(2) Township docket and late fees.

(3) Small claims service fees.

(4) Court administration fees.

(c) The county auditor shall transfer semiannually the fees described in subsection (b) that are in the small claims fund to each township within which a small claims court is located. The fees transferred under this section shall be distributed equally among the townships. The trustee of a township in which a court is located shall:

(1) deposit the fees into the township general fund and otherwise manage the fees received under this subsection; and

(2) use the fees received under this subsection to fund the operations of the small claims court in the trustee's township.

(d) Money in the small claims fund and any interest that accrues from money in the fund remain in the fund and do not revert to a clerk of the court.

As added by P.L.213-2025, SEC.305.
Ind. Code § 33-33-58-11 — Indiana Code / Title 33 / Article 33 / Chapter 58 / Section 33-33-58-11
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.7-14.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.127-2008, SEC.21.
Ind. Code § 33-38-7-3 — Indiana Code / Title 33 / Article 38 / Chapter 7 / Section 33-38-7-3
"Board"
Status: in_force

Sec. 3. As used in this chapter, "board" refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1.

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

As added by P.L.98-2004, SEC.17. Amended by P.L.23-2011, SEC.24.
Ind. Code § 33-38-13-10 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-10
Papers filed before and after institution of formal proceedings; confidentiality; public inspection
Status: in_force

Sec. 10. (a) All papers filed with the commission before the institution of formal proceedings under section 14 of this chapter are confidential unless:

(1) the justice or judge against whom a recommendation has been filed elects to have the information divulged; or

(2) the commission elects to answer publicly disseminated statements issued by any complainant.

(b) All papers filed with the commission during and after the institution of formal proceedings are open for public inspection at all reasonable times. Records of commission proceedings are open for public inspection at all reasonable times. After the institution of formal proceedings, all hearings and proceedings before the commission or before the masters appointed under this chapter are open to the public.

[Pre-2004 Recodification Citation: 33-2.1-5-3.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-26-3 — Indiana Code / Title 33 / Article 33 / Chapter 26 / Section 33-33-26-3
Judge; location of court sessions
Status: in_force

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

(1) the Gibson County courthouse in Princeton; or

(2) other places in the county as the board of county commissioners of Gibson County may provide.

[Pre-2004 Recodification Citation: 33-5-18.3-7.]

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

Sec. 12. (a) The judges of the Henry circuit court shall adopt rules to provide for the administration of the circuit court, including rules governing the following:

(1) Allocation of case load.

(2) Legal representation for indigents.

(3) Budgetary matters of the circuit court.

(4) Operation of the probation department.

(5) Term of administration of the presiding judge.

(6) Employment and management of circuit court personnel.

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

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

As added by P.L.201-2011, SEC.55. Amended by P.L.161-2018, SEC.81.
Ind. Code § 33-37-5-6 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-6
Support and maintenance payments; fees
Status: in_force

Sec. 6. (a) This section applies to an action in which a final court order requires a person to pay support or maintenance payments through the clerk or the state central collection unit.

(b) The clerk or the state central collection unit shall collect an annual support fee in addition to support and maintenance payments. The annual support fee is fifty-five dollars ($55) for each calendar year.

(c) The annual support fee required under subsection (b) is due at the time that the first support or maintenance payment for the calendar year in which the fee must be paid is due.

(d) The clerk may not deduct the annual support fee from a support or maintenance payment.

(e) Except as provided under IC 33-32-4-6 and IC 33-37-7-2(f), if an annual support fee is collected under this section by the clerk, the clerk shall forward the fee to the county auditor in accordance with IC 33-37-7-12(a). If an annual support fee is collected under this section by the central collection unit, the fee shall be deposited in the state general fund.

(f) Income payors required to withhold income under IC 31-16-15 shall pay the annual support fee required by subsection (b) through the income withholding procedures described in IC 31-16-15.

[Pre-2004 Recodification Citation: 33-19-6-5.]

As added by P.L.98-2004, SEC.16. Amended by P.L.1-2006, SEC.508; P.L.146-2006, SEC.59 and P.L.148-2006, SEC.33; P.L.103-2007, SEC.49; P.L.128-2012, SEC.181; P.L.150-2018, SEC.22.
Ind. Code § 33-24-4-5 — Indiana Code / Title 33 / Article 24 / Chapter 4 / Section 33-24-4-5
Certifying supreme court or appellate court opinion, decision, and judgment
Status: in_force

Sec. 5. (a) The clerk of the supreme court shall certify any opinion, decision, and judgment of the supreme court and of the court of appeals to the lower court from which the cause was appealed, in the manner provided by statute and by the rules of the supreme court.

(b) The clerk of the court from which the cause was appealed, upon receipt of the certification, shall file the certification with the papers in the cause, and that court shall order the opinion, decision, and judgment, including its certification, spread of record in the order book of the court.

[Pre-2004 Recodification Citation: 33-15-1-5.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-26-2-6 — Indiana Code / Title 33 / Article 26 / Chapter 2 / Section 33-26-2-6
Disqualification; judge pro tempore
Status: in_force

Sec. 6. If the judge of the tax court is disqualified from hearing a case or is incapable of exercising judicial duties with respect to the case, the chief justice of the supreme court shall appoint a judge pro tempore to sit in place of the disqualified or absent judge.

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

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-33-16-3 — Indiana Code / Title 33 / Article 33 / Chapter 16 / Section 33-33-16-3
Judge; location of court sessions
Status: in_force

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

(1) the Decatur County courthouse in Greensburg; or

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

[Pre-2004 Recodification Citation: 33-5-10.7-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-46-8 — Indiana Code / Title 33 / Article 33 / Chapter 46 / Section 33-33-46-8
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-31.1-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-84-10 — Indiana Code / Title 33 / Article 33 / Chapter 84 / Section 33-33-84-10
Location of court sessions
Status: in_force

Sec. 10. (a) The Vigo superior court shall hold its sessions in the Vigo County courthouse or its replacement in Terre Haute.

(b) The board of county commissioners of Vigo County shall:

(1) provide and maintain in the courthouse suitable and convenient courtrooms for the holding of the court, suitable and convenient jury rooms, offices for the judges, secretaries, and official court reporters, and other facilities as may be necessary; and

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

[Pre-2004 Recodification Citation: 33-5-44.1-9.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-68-4 — Indiana Code / Title 33 / Article 33 / Chapter 68 / Section 33-33-68-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-38.5-3.]

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

[Pre-2004 Recodification Citation: 33-5-10.3-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-64-11 — Indiana Code / Title 33 / Article 33 / Chapter 64 / Section 33-33-64-11
Bailiff
Status: in_force

Sec. 11. Each judge of the Porter 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: 33-5-38-15.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-71-65 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-65
Enforcement of subpoena
Status: in_force

Sec. 65. If in any proceeding before the commission on judicial qualifications, any witness fails or refuses to attend upon subpoena issued by the commission or any of the commission's representatives, or appearing, refuses to testify or refuses to produce any books and papers the production of which is called for by the subpoena, the attendance of any witness and the giving of the witness's testimony and the production of the books and papers required shall be enforced by the St. Joseph circuit court.

[Pre-2004 Recodification Citation: 33-5-40-69.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-48-14 — Indiana Code / Title 33 / Article 33 / Chapter 48 / Section 33-33-48-14
Concerted action by the judges; majority rules
Status: in_force

Sec. 14. When any action of the entire circuit court is required, the judges of the circuit court shall act in concert. If the judges disagree, the decision of the majority of the judges present and voting controls.

As added by P.L.201-2011, SEC.71.
Ind. Code § 33-29-1-3 — Indiana Code / Title 33 / Article 29 / Chapter 1 / Section 33-29-1-3
Judge; election; qualifications
Status: in_force

Sec. 3. (a) A standard superior court judge is elected at the general election every six (6) years in the county in which the court is located. The judge's term begins January 1 following the election and ends December 31 following the election of the judge's successor.

(b) To be eligible to hold office as a judge of a standard superior court, a person must be:

(1) a resident of the county in which the court is located; and

(2) admitted to practice law in Indiana.

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

As added by P.L.98-2004, SEC.8. Amended by P.L.161-2011, SEC.1; P.L.201-2011, SEC.18.
Ind. Code § 33-33-52-1 — Indiana Code / Title 33 / Article 33 / Chapter 52 / Section 33-33-52-1
Judicial circuit
Status: in_force

Sec. 1. Miami County constitutes the fifty-first judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-52.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-28-5-24 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-24
Failure to comply with summons; criminal contempt
Status: in_force

Sec. 24. A person summoned for jury service who fails to appear or complete jury service as directed is subject to criminal contempt.

[Pre-2004 Recodification Citation: 33-4-11-24.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.20.
Ind. Code § 33-33-78-4 — Indiana Code / Title 33 / Article 33 / Chapter 78 / Section 33-33-78-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.7-2.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.127-2008, SEC.21.
Ind. Code § 33-40-3-1 — Indiana Code / Title 33 / Article 40 / Chapter 3 / Section 33-40-3-1
Supplemental public defender services fund; establishment
Status: in_force

Sec. 1. A supplemental public defender services fund is established in each county. The fund consists of amounts deposited under:

(1) section 9 of this chapter; and

(2) IC 35-33-8-3.3.

[Pre-2004 Recodification Citation: 33-9-11.5-1.]

As added by P.L.98-2004, SEC.19. Amended by P.L.173-2006, SEC.41.
Ind. Code § 33-37-5-12 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-12
Child abuse prevention fee
Status: in_force

Sec. 12. The court shall order a person to pay a child abuse prevention fee of one hundred dollars ($100) to the clerk in each criminal action in which:

(1) the person is found to have committed the offense of:

(A) murder (IC 35-42-1-1);

(B) causing suicide (IC 35-42-1-2);

(C) voluntary manslaughter (IC 35-42-1-3);

(D) reckless homicide (IC 35-42-1-5);

(E) battery (IC 35-42-2-1);

(F) strangulation (IC 35-42-2-9);

(G) domestic battery (IC 35-42-2-1.3);

(H) aggravated battery (IC 35-42-2-1.5);

(I) rape (IC 35-42-4-1);

(J) criminal deviate conduct (IC 35-42-4-2) (repealed);

(K) child molesting (IC 35-42-4-3);

(L) child exploitation (IC 35-42-4-4);

(M) vicarious sexual gratification (IC 35-42-4-5);

(N) child solicitation (IC 35-42-4-6);

(O) incest (IC 35-46-1-3);

(P) neglect of a dependent (IC 35-46-1-4);

(Q) child selling (IC 35-46-1-4); or

(R) child seduction (IC 35-42-4-7); and

(2) the victim of the offense is less than eighteen (18) years of age.

[Pre-2004 Recodification Citation: 33-19-6-12.]

As added by P.L.98-2004, SEC.16. Amended by P.L.158-2013, SEC.340; P.L.214-2013, SEC.29; P.L.15-2016, SEC.1; P.L.65-2016, SEC.20.
Ind. Code § 33-33-71-15 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-15
Single order book for entire court
Status: in_force

Sec. 15. The superior court shall maintain a single order book for the entire court that may be signed on behalf of the court by any of the sitting judges of the court, and the signature constitutes authentication of the actions of each judge in the court.

[Pre-2004 Recodification Citation: 33-5-40-14.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-71-42 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-42
Tenure of judges
Status: in_force

Sec. 42. (a) Each judge appointed serves an initial term that begins on the effective date of the judge's appointment and continues through December 31 in the year of the general election that follows the expiration of two (2) years after the effective date of the judge's appointment.

(b) Thereafter, unless the judge:

(1) is rejected by the electorate of St. Joseph County under this chapter; or

(2) does not file the statement required under section 43 of this chapter;

each judge of the St. Joseph superior court serves successive six (6) year terms. Each successive six (6) year term begins on the first day of January following the expiration of the preceding initial term or the preceding six (6) year term and continues for six (6) years.

[Pre-2004 Recodification Citation: 33-5-40-46.]

As added by P.L.98-2004, SEC.12. Amended by P.L.74-2017, SEC.76.
Ind. Code § 33-35-2-7 — Indiana Code / Title 33 / Article 35 / Chapter 2 / Section 33-35-2-7
Proceedings where title to land is put in issue
Status: in_force

Sec. 7. If in a proceeding in a city court the title to land is put in issue by plea supported by affidavit, or manifestly appears from the proof on trial to be in issue, the court shall, without further proceeding, certify the case and papers to the circuit or other court having jurisdiction in the county in which the case is being tried. However, if the title to land is put in issue by affidavit or verified pleading, the court shall at once hear and determine whether title is in issue, and, if the proof supports the issue, then the case shall be certified for final determination, including the issue of title.

[Pre-2004 Recodification Citation: 33-10.1-2-6.]

As added by P.L.98-2004, SEC.14.
Ind. Code § 33-33-16-5 — Indiana Code / Title 33 / Article 33 / Chapter 16 / Section 33-33-16-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-10.7-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.