reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 1. Establishment; Election of Judges › 33-35-1-1. Authority to Establish or Abolish; Election of Judge; Notice

Sec. 1. (a) During 2026, 2030, 2034, 2038, 2042, and every fourth year after that, a second or third class city or a town may by ordinance establish or abolish a city or town court. An ordinance to establish a city or town court must be adopted not less than one (1) year before the judge's term would begin under section 3 of this chapter.
(b) The judge for a court established under subsection (a) shall be elected under IC 3-10-6 or IC 3-10-7 at the municipal election in November 2023, 2027, 2031, 2035, 2039, 2043, and every four (4) years thereafter.
(c) A court established under subsection (a) comes into existence on January 1 of the year following the year in which a judge is elected to serve in that court.
(d) A city or town court in existence on January 1, 1986, may continue in operation until it is abolished by ordinance.
(e) A city or town that establishes or abolishes a court under this section shall give notice of its action to the following:
(1) The office of judicial administration under IC 33-24-6.
(2) The secretary of state.
(3) The circuit court clerk of the county in which the greatest population of the city or town resides.
[Pre-2004 Recodification Citation: 33-10.1-1-3.]
As added by P.L.98-2004, SEC.14. Amended by P.L.164-2006, SEC.141; P.L.74-2017, SEC.78; P.L.161-2018, SEC.88; P.L.278-2019, SEC.176; P.L.193-2021, SEC.108; P.L.141-2023, SEC.22.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 1. Establishment; Election of Judges › 33-35-1-2. Town Court Judge Election in General Election Year; Ordinance

Sec. 2. (a) This section applies to a town that:
(1) adopts an ordinance under IC 3-10-6-2.6; and
(2) subsequently adopts an ordinance to establish a town court under section 1 of this chapter.
(b) Notwithstanding section 1 of this chapter, the judge of the town court shall be elected at the next municipal election not conducted in a general election year. The successors of the judge shall be elected at the first general election following the municipal election and every four (4) years thereafter.
[Pre-2004 Recodification Citation: 33-10.1-1-4.]
As added by P.L.98-2004, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 1. Establishment; Election of Judges › 33-35-1-3. City or Town Court Judge; Term; Bond

Sec. 3. (a) The judge of a city or town court shall be elected under IC 3-10-6 or IC 3-10-7 by the voters of the city or town.
(b) Except as provided in subsections (c), (d), and (e), the term of office of a judge elected under this section is four (4) years, beginning at noon January 1 after election and continuing until a successor is elected and qualified.
(c) This subsection applies to a town that adopts an ordinance under IC 3-10-6-2.6. The term of office of:
(1) a judge elected at the next municipal election not conducted in a general election year is one (1) year; and
(2) the successors to the judge described in subdivision (1) is four (4) years;
beginning at noon January 1 after election and continuing until a successor is elected and qualified.
(d) This subsection applies to a town that adopts an ordinance under IC 3-10-7-2.7. The term of office of:
(1) a judge elected at the next municipal election not conducted in a general election year is three (3) years; and
(2) the successors to the judge described in subdivision (1) is four (4) years;
beginning noon January 1 after election and continuing until a successor is elected and qualified.
(e) This subsection applies to a town that adopts an ordinance under IC 3-10-7-2.9. The term of office of:
(1) a judge elected in the first election cycle after adoption of the ordinance is the term of office provided by the ordinance, not to exceed four (4) years; and
(2) the successors of the judge described in subdivision (1) is four (4) years.
(f) Before beginning the duties of office, the judge shall, in the manner prescribed by IC 5-4-1, execute a bond conditioned upon the faithful discharge of the duties of office.
[Pre-2004 Recodification Citation: 33-10.1-3-1.1.]
As added by P.L.98-2004, SEC.14. Amended by P.L.109-2015, SEC.48.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 1. Establishment; Election of Judges › 33-35-1-4. City Court Judge; Eligibility

Sec. 4. To be eligible to hold the office of city court judge, as provided by Article 6, Section 6, of the Constitution of the State of Indiana, the judge must be a resident of the city during the term of office or the office becomes vacant.
[Pre-2004 Recodification Citation: 33-10.1-3-2.]
As added by P.L.98-2004, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 1. Establishment; Election of Judges › 33-35-1-5. Town Court Judge; Oath; Bond

Sec. 5. Before beginning the duties of office, the judge of a town court must:
(1) take and subscribe to the same oath of office as judges of circuit courts; and
(2) execute a bond payable to the town in the penal sum of five thousand dollars ($5,000), conditioned upon the faithful performance of the duties of the judge's office with good and sufficient surety.
The bond must be approved by the legislative body of the town and filed in the office of the town clerk-treasurer.
[Pre-2004 Recodification Citations: 33-10.1-3-3.]
As added by P.L.98-2004, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 1. Establishment; Election of Judges › 33-35-1-6. Interlocal Agreements; Ordinance Violations

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 2. Judge's Powers and Jurisdiction › 33-35-2-1. Judge of City or Town Court; Powers and Duties; Special Judge

Sec. 1. (a) A judge of a city or town court:
(1) may adopt rules for conducting the business of the court;
(2) has all powers incident to a court of record in relation to:
(A) the attendance of witnesses;
(B) the punishment of contempts;
(C) the enforcement of its orders; and
(D) the issuance of commissions for taking depositions in cases pending in the court;
(3) may administer oaths; and
(4) may give all necessary certificates for the authentication of the records and proceedings of the court.
(b) If the judge is temporarily absent or unable to act, the judge shall appoint a reputable practicing attorney to preside in the judge's absence as special judge. The special judge:
(1) has all the powers and rights; and
(2) shall perform all the duties;
of the judge of the court as fully as the regular judge appointing the special judge.
[Pre-2004 Recodification Citation: 33-10.1-2-1.]
As added by P.L.98-2004, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 2. Judge's Powers and Jurisdiction › 33-35-2-2. Town and City Courts; Seal

Sec. 2. A judge of a city or town court shall provide, at the expense of the town or city, a seal for the court that must contain on the face the words: "(Town or City) Court of __________, Indiana.". A description of the seal, together with an impress of it, shall be put on the records of the court.
[Pre-2004 Recodification Citation: 33-10.1-2-8.1.]
As added by P.L.98-2004, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 2. Judge's Powers and Jurisdiction › 33-35-2-3. City Court; Jurisdiction Over Crimes, Infractions, and Violations

Sec. 3. A city court has the following jurisdiction over crimes, infractions, and ordinance violations:
(1) Jurisdiction of all violations of the ordinances of the city.
(2) Jurisdiction of all misdemeanors and all infractions.
(3) If the city that established the city court has entered into an interlocal agreement described in IC 33-35-1-6, jurisdiction of all other ordinance violations described in the interlocal agreement.
[Pre-2004 Recodification Citation: 33-10.1-2-2.]
As added by P.L.98-2004, SEC.14. Amended by P.L.55-2010, SEC.2; P.L.75-2018, SEC.1.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 2. Judge's Powers and Jurisdiction › 33-35-2-4. City Court; Concurrent Civil Jurisdiction; Limitations

Sec. 4. A city court has concurrent jurisdiction with the circuit court in civil cases in which the amount in controversy does not exceed five hundred dollars ($500). However, the city court does not have jurisdiction in actions for:
(1) slander;
(2) libel;
(3) foreclosure of mortgage on real estate, in which the title to real estate is in issue;
(4) matters relating to a decedent's estate, appointment of guardians, and all related matters; and
(5) actions in equity.
[Pre-2004 Recodification Citation: 33-10.1-2-3.1.]
As added by P.L.98-2004, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 2. Judge's Powers and Jurisdiction › 33-35-2-5. Certain City or Town Courts; Concurrent Jurisdictions; Limitations

Sec. 5. The city court of each of the five (5) cities having the largest populations and the town court of the town having the largest population in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) have concurrent civil jurisdiction with the circuit court of the county where the amount in controversy does not exceed six thousand dollars ($6,000). The court has jurisdiction in any action where the parties or the subject matter are in the county in which the city or town is located. However, the city or town court does not have jurisdiction in:
(1) actions for slander or libel;
(2) matters relating to decedents' estates, appointment of guardians, and all related matters;
(3) dissolution of marriage actions; or
(4) injunction or mandate actions.
[Pre-2004 Recodification Citation: 33-10.1-2-4.]
As added by P.L.98-2004, SEC.14. Amended by P.L.143-2015, SEC.1; P.L.11-2023, SEC.101.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 2. Judge's Powers and Jurisdiction › 33-35-2-6. City Courts in Third Class Cities That Are Not County Seats; Civil Jurisdiction; Limitations

Sec. 6. A city court in a third class city that is not a county seat and to which section 5 of this chapter does not apply has concurrent jurisdiction with the circuit court in civil cases in which the amount in controversy does not exceed three thousand dollars ($3,000). However, the city court does not have:
(1) jurisdiction in actions for:
(A) slander;
(B) libel;
(C) foreclosure of mortgages on real estate, in which the title to real estate is in issue;
(D) all matters relating to a decedent's estate, appointment of guardians and all related matters; and
(E) actions in equity; and
(2) original jurisdiction in which the principal defendant resides within another city having a city court with a civil jurisdiction.
Judgments rendered in the city court, when a certified transcript is filed with the clerk of the circuit court, have the same force as judgments rendered in the circuit court.
[Pre-2004 Recodification Citation: 33-10.1-2-5.]
As added by P.L.98-2004, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 2. Judge's Powers and Jurisdiction › 33-35-2-6.5. Certain City Courts; Concurrent Civil Jurisdiction; Limitations

Sec. 6.5. A city court in a city having a population of more than ten thousand four hundred (10,400) and less than eleven thousand (11,000) has concurrent jurisdiction with the circuit court in civil cases in which the amount in controversy does not exceed one thousand five hundred dollars ($1,500). However, the city court does not have jurisdiction in actions for:
(1) slander;
(2) libel;
(3) foreclosure of mortgage on real estate, in which the title to real estate is in issue;
(4) matters relating to a decedent's estate, appointment of guardians, and all related matters; and
(5) actions in equity.
As added by P.L.74-2012, SEC.4. Amended by P.L.104-2022, SEC.135.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 2. Judge's Powers and Jurisdiction › 33-35-2-7. Proceedings Where Title to Land Is Put in Issue

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 2. Judge's Powers and Jurisdiction › 33-35-2-8. Town Courts; Jurisdiction

Sec. 8. (a) A town court has exclusive jurisdiction of all violations of the ordinances of the town.
(b) A town court also has jurisdiction of all misdemeanors and all infractions.
(c) If the town that established the town court has entered into an interlocal agreement described in IC 33-35-1-6, the town court has jurisdiction of all other ordinance violations described in the interlocal agreement.
[Pre-2004 Recodification Citation: 33-10.1-2-7.]
As added by P.L.98-2004, SEC.14. Amended by P.L.55-2010, SEC.3; P.L.75-2018, SEC.3.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 3. Personnel; Expenses; Costs › 33-35-3-1. City Court Officers; Town Court Officers

Sec. 1. (a) The officers of a city court are a:
(1) judge;
(2) clerk; and
(3) bailiff.
However, in third class cities, the judge may act as clerk and perform all duties of the clerk of the court or appoint a clerk of the court. If the judge does not act as clerk of the court or appoint a clerk of the court, the city clerk-treasurer elected under IC 3-10-6 shall perform the duties of the clerk of the city court.
(b) The clerk is an officer of a town court. The judge of a town court may act as clerk and perform all duties of the clerk of the court or appoint a clerk of the court. If the judge does not act as a clerk of the court or appoint a clerk of the court, the town clerk-treasurer elected under IC 3-10-6 or IC 3-10-7 shall perform the duties of the clerk of the town court.
(c) The clerk and bailiff may not receive any fees or compensation other than their salaries.
[Pre-2004 Recodification Citation: 33-10.1-6-1.1.]
As added by P.L.98-2004, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 3. Personnel; Expenses; Costs › 33-35-3-2. Clerk of City Court in Second or Third Class Cities; Powers and Duties

Sec. 2. (a) In second class cities, the city clerk is the clerk of the city court. The city clerk of a third class city is the clerk of the city court if the judge does not serve as clerk or appoint a clerk under section 1 of this chapter.
(b) A city clerk of a second class city, a city clerk-treasurer of a third class city, or an appointed clerk in a third class city who serves as the clerk of the city court shall give bond as prescribed in this chapter.
(c) The clerk may administer oaths.
(d) The clerk of a city or town court shall:
(1) issue all process of the court, affix the seal of the court to the process, and attest to the process;
(2) keep a complete record and docket of all cases showing:
(A) the name of a person who was arrested and brought before the court;
(B) the disposition of the case; and
(C) an account of the:
(i) fees;
(ii) fines;
(iii) penalties;
(iv) forfeitures;
(v) judgments;
(vi) executions;
(vii) decrees; and
(viii) orders;
in as near to the same manner as the records are kept by the clerk of the circuit court; and
(3) collect all:
(A) fees;
(B) fines;
(C) penalties and forfeitures;
(D) judgments;
(E) executions; and
(F) money;
accruing to the city or town from the enforcement of ordinances.
(e) At the close of each week, the clerk shall make and deliver to the city controller of a second class city, clerk-treasurer of a third class city, or clerk-treasurer of a town a written report of all cases in which the clerk has received or collected any fines or forfeitures due the city or town. The clerk shall then pay over the money to the controller or clerk-treasurer and take a receipt for the payment.
(f) At the end of each month, the clerk shall make out and deliver to the county treasurer of the county in which the city or town is located a written report of all cases in which the clerk has received or collected any fines or forfeitures due the state during the month and pay to the county treasurer all fines or forfeitures collected, taking a receipt for the payment.
(g) In cities in which the county treasurer rather than the city controller receives city money for deposit, the clerk shall report and deliver the money to the county treasurer.
(h) The clerk shall deposit all court costs collected by the clerk in accordance with IC 33-37-7-12. The clerk shall distribute the state and county share of court costs collected in accordance with IC 33-37-7-8.
[Pre-2004 Recodification Citation: 33-10.1-6-2.]
As added by P.L.98-2004, SEC.14. Amended by P.L.1-2006, SEC.506.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 3. Personnel; Expenses; Costs › 33-35-3-4. Town Marshal; Service of Process

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 3. Personnel; Expenses; Costs › 33-35-3-5. City Court Referees

Sec. 5. (a) The common council of a city having a city court may create the position of city court referee to assist the city court judge in the administration of the judge's duties and the disposition of matters pending in the court. The common council may authorize more than one (1) referee. After authorization is granted, the judge shall appoint one (1) or more referees. The referee or referees serve at the pleasure of the judge.
(b) A referee shall take the same oath of office as provided for the judge and must have the same qualifications for office as required for the judge. A referee may administer oaths in the performance of the referee's duty and use the seal of the court. In all cases coming before the referee, the referee shall comply with the requirements of procedure provided for the hearing of cases by the court. The referee shall make a return of the referee's findings and recommendations in writing to the court, and the court shall proceed to enter the order, judgment, or decree that the court considers proper.
(c) The salary of a referee shall be fixed by the judge subject to the approval of the common council of the city. The common council shall appropriate sufficient money to pay the referee.
[Pre-2004 Recodification Citation: 33-10.1-6-5.]
As added by P.L.98-2004, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 3. Personnel; Expenses; Costs › 33-35-3-6. Prosecuting Attorney or City Attorney; Prosecutions in City Court

Sec. 6. (a) The prosecuting attorney of the judicial circuit in which the city is located shall prosecute all cases in a city court for violation of statutes.
(b) The city attorney shall prosecute all cases of city ordinance violations.
[Pre-2004 Recodification Citation: 33-10.1-6-6.]
As added by P.L.98-2004, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 3. Personnel; Expenses; Costs › 33-35-3-7. Books, Dockets, Papers, and Printed Blanks

Sec. 7. A judge of a city or town court shall provide, at the expense of the city or town, all books, dockets, papers, and printed blanks necessary for the discharge of the duties of the court.
[Pre-2004 Recodification Citation: 33-10.1-6-7.]
As added by P.L.98-2004, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 3. Personnel; Expenses; Costs › 33-35-3-8. 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 3. Personnel; Expenses; Costs › 33-35-3-9. City Courts in Certain Counties; Disposition of Costs; Costs Paid in Advance

Sec. 9. (a) This section applies after June 30, 2005.
(b) A clerk of a city court in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) shall deposit all court costs collected by the clerk in accordance with IC 33-37-7-12. The fees received by the controller from the clerk shall be paid into the city treasury at the time of the semiannual settlement for city revenue.
(c) If the party instituting an action or a proceeding recovers judgment, the judgment must also include as costs an amount equal to the small claims costs fee, the small claims garnishee service fee, and the small claims service fee prescribed under IC 33-37-4-5 (before its repeal) or IC 33-37-4-6.
(d) Money paid in advance for costs remaining unexpended at the time a civil action or proceeding is terminated, whether by reason of Small claims costs fee, small claims service fee, and additional fees dismissal or otherwise, must be returned to the party or parties making payment. However, this section does not apply to civil actions or proceedings instituted by or on behalf of the state or any of the state's political subdivisions.
[Pre-2004 Recodification Citation: 33-10.1-6-10.]
As added by P.L.98-2004, SEC.14. Amended by P.L.174-2006, SEC.10; P.L.1-2007, SEC.220; P.L.11-2023, SEC.103.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 4. Court Sessions; Compensation; Restrictions on Activities of Judges › 33-35-4-1. City and Town Court; Sessions

Sec. 1. (a) A city court judge shall hold regular sessions of the city court at a place to be provided and designated by the legislative body of the city.
(b) A town court judge shall hold sessions of the town court as the business of the court demands at a place to be provided and designated by the legislative body of the town.
[Pre-2004 Recodification Citation: 33-10.1-4-1.]
As added by P.L.98-2004, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 4. Court Sessions; Compensation; Restrictions on Activities of Judges › 33-35-4-2. Compensation of Judges

Sec. 2. (a) Special judges of a city court are entitled to the compensation allowed special judges in the circuit court, to be paid out of the city treasury on the certificate of the regular judge and the warrant of the city controller or clerk-treasurer.
(b) A city court judge may not receive any fees or compensation other than the judge's salary, as established under subsection (e).
(c) A city court judge of each of the three (3) cities having the largest populations in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) is entitled to receive, for additional services that this article requires to be performed, three thousand five hundred dollars ($3,500) per year in addition to the salary otherwise provided. The fiscal body of the city shall appropriate the money necessary to pay the additional compensation.
(d) A town court judge is entitled to receive the compensation that is prescribed by the fiscal body of the town.
(e) A city court judge is entitled to receive compensation that is prescribed by the fiscal body of the city.
[Pre-2004 Recodification Citation: 33-10.1-4-2.]
As added by P.L.98-2004, SEC.14. Amended by P.L.11-2023, SEC.104.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 4. Court Sessions; Compensation; Restrictions on Activities of Judges › 33-35-4-3. Proceeding to Procure Liquor License; City Court Judge Not to Act as Attorney for Applicant; Violation; Offense

Sec. 3. A city court judge may not act as attorney, agent, or counsel for the applicant in a proceeding to procure a license to retail or wholesale intoxicating liquors under IC 7.1 or aid or assist in any manner in the procuring of such a license. A person who recklessly violates this section commits a Class B misdemeanor.
[Pre-2004 Recodification Citation: 33-10.1-4-3.]
As added by P.L.98-2004, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 5. Records; Procedures; Practices › 33-35-5-1. City Court; Governing Laws and Rules

Sec. 1. City courts are governed by the laws and rules governing the practice, pleading, and processes in circuit courts.
[Pre-2004 Recodification Citation: 33-10.1-5-1.]
As added by P.L.98-2004, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 5. Records; Procedures; Practices › 33-35-5-2. City or Town Court; Change of Venue

Sec. 2. A change of venue may not be taken from a city or town court. However, a defendant may take a change of venue from the judge of the court, with a special judge appointed as provided for the circuit court.
[Pre-2004 Recodification Citation: 33-10.1-5-2.]
As added by P.L.98-2004, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 5. Records; Procedures; Practices › 33-35-5-3. City Court; Warrants or Other Processes

Sec. 3. All warrants or other processes issued by the city court must be:
(1) directed to the chief of police of the city or any person specially deputized by the city court; and
(2) executed, served, and returned by the chief, by any police officer of the city, or by the specially deputized person.
The members of the police force of the city shall cause all persons arrested by the police force for a violation of any law to be taken before the city court for trial or examination.
[Pre-2004 Recodification Citation: 33-10.1-5-3.]
As added by P.L.98-2004, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 5. Records; Procedures; Practices › 33-35-5-4. Certain City Courts; Books of Records in Civil Cases

Sec. 4. (a) City courts of the three (3) cities having the largest populations in counties having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) shall keep the following books of record on the civil side of the court:
(1) A loose leaf minute book, similar to that kept by the circuit court, each case to be numbered consecutively in order of its filing.
(2) Index and cross-index book, containing the names of all parties to each action with the number of the case opposite the name.
(3) A fee book as is provided for city courts.
(4) An order book in which all orders of a cause are written consecutively when final judgment or order is entered.
(b) The case should bear the same number as originally given to the case when filed and must be arranged in the order book consecutively according to the original number given to the case when filed. All orders, proceedings, records of issuing execution, returns of execution, and satisfactions of execution shall be grouped together, if practical, on one (1) page or on consecutive pages when there is not sufficient room to group it on one (1) page. All costs in a cause shall be taxed on the margin of the page containing the final order or judgment. All orders not connected with a specific case, such as general appointments made by the judge, shall be entered in the minute book under a separate number and recorded in the record book under that number.
[Pre-2004 Recodification Citation: 33-10.1-5-4.]
As added by P.L.98-2004, SEC.14. Amended by P.L.11-2023, SEC.105.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 5. Records; Procedures; Practices › 33-35-5-5. City Court; Issues of Fact to Be Tried by Judge Unless Demand for Jury Trial

Sec. 5. All issues of fact pending in city courts shall be tried by the judge, unless either party demands a jury trial. The jury must consist of six (6) qualified residents of the city, to be summoned by the bailiff by venire issued by the judge. City residents shall be selected for jury service according to the procedures set out in IC 33-28-5.
[Pre-2004 Recodification Citation: 33-10.1-5-5.]
As added by P.L.98-2004, SEC.14. Amended by P.L.118-2007, SEC.25.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 5. Records; Procedures; Practices › 33-35-5-6. Style of City or Town Court

Sec. 6. The style of the city or town court is "The (City or Town) Court of ____________," according to the name of the city or town.
[Pre-2004 Recodification Citation: 33-10.1-5-6.]
As added by P.L.98-2004, SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 5. Records; Procedures; Practices › 33-35-5-7. Courts Not of Record; Judges; Requirements

Sec. 7. (a) A city court is not a court of record.
(b) A town court is not a court of record.
(c) Except as provided in section 7.5 of this chapter, a person selected as judge of a city court or town court must be an attorney in good standing admitted to the practice of law in Indiana.
[Pre-2004 Recodification Citation: 33-10.1-5-7.]
As added by P.L.98-2004, SEC.14. Amended by P.L.173-2015, SEC.16.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 5. Records; Procedures; Practices › 33-35-5-7.5. Presiding Judge Exemption to Judicial Eligibility Requirements

Sec. 7.5. (a) This section applies to a person who is a judge of a city or town court:
(1) serving on June 30, 2015; and
(2) who is not an attorney in good standing admitted to the practice of law in Indiana.
(b) This section does not apply to a person described in subsection (a) after the person leaves office.
(c) A person described in subsection (a) may:
(1) complete the term to which the person was elected before July 1, 2015; and
(2) after that, continue to serve consecutive elected terms.
As added by P.L.173-2015, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 5. Records; Procedures; Practices › 33-35-5-8. Effect of Judgments, Orders, and Proceedings in Town and City Courts; Orders of Sale and Executions Affecting Real Estate

Sec. 8. (a) All judgments, decrees, orders, and proceedings of city and town courts have the same force as those of the circuit court. A judgment becomes a lien on real estate when a transcript of the judgment is filed with the clerk of the circuit court.
(b) All orders of sale and executions affecting real estate 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 be issued by the clerk of the circuit court to the sheriff upon the filing of a certified copy of the judgment. When the copy is filed, the court rendering the judgment has no further jurisdiction of the case except to furnish a transcript for appeal. The life of a lien may be continued in force when the action is started in the city court, as though the action were filed in the circuit court, by filing with the clerk of the circuit court a certificate, certified to by the judge of the city court and containing:
(1) the names of the parties to the suit;
(2) the nature of the action;
(3) the description of the property affected; and
(4) the amount in controversy.
The judge shall enter minutes on the docket showing the issuing of the certificates.
[Pre-2004 Recodification Citation: 33-10.1-5-8.]
As added by P.L.98-2004, SEC.14. Amended by P.L.11-2023, SEC.106.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 5. Records; Procedures; Practices › 33-35-5-9. Appeals From City and Town Courts; Procedure

Sec. 9. (a) An appeal from a judgment of a city court may be taken to the circuit, superior, or probate court of the county and tried de novo.
(b) An appeal from a judgment of a town court may be taken to the superior, circuit, or probate court of the county within thirty (30) days after the rendition of the judgment and tried de novo.
(c) A prisoner against whom punishment is adjudged by a city court may appeal to the circuit, superior, or probate court of the county within thirty (30) days after the judgment. If the prisoner, within the thirty (30) days, enters into recognizance for the prisoner's appearance in court and causes to be filed in the court, within forty-five (45) days, all other papers, documents, and transcripts necessary to complete the appeal, the appeal stays all further proceedings on the judgment in the court below. However, the prisoner may remain in jail on the prisoner's sentence instead of furnishing a recognizance, and an appeal without recognizance does not stay the execution of the court below.
[Pre-2004 Recodification Citation: 33-10.1-5-9.]
As added by P.L.98-2004, SEC.14. Amended by P.L.201-2011, SEC.100.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 35. City and Town Courts › Chapter 5. Records; Procedures; Practices › 33-35-5-10. Appeals From Certain City Courts; Procedure

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 36. Ordinance Violations Bureaus › Chapter 1. Definitions › 33-36-1-1. Definitions; Applicability

Sec. 1. The definitions in IC 36-1-2 apply throughout this article.
[Pre-2004 Recodification Citation: 33-6-3-1.]
As added by P.L.98-2004, SEC.15.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 36. Ordinance Violations Bureaus › Chapter 2. Establishment › 33-36-2-1. Establishment of Ordinance Violations Bureau; Clerk

Sec. 1. The legislative body of a municipal corporation may establish, by ordinance or code, an ordinance violations bureau. Upon the creation of a bureau, the legislative body shall provide for the appointment of a violations clerk (who may be the clerk or clerk-treasurer of the municipal corporation) to be the administrator of the bureau.
[Pre-2004 Recodification Citation: 33-6-3-1.]
As added by P.L.98-2004, SEC.15.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 36. Ordinance Violations Bureaus › Chapter 2. Establishment › 33-36-2-2. Clerk or Clerk-Treasurer to Serve as Violations Clerk if Ordinance Violations Bureau Not Established

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 36. Ordinance Violations Bureaus › Chapter 2. Establishment › 33-36-2-3. Violations Clerk; Duties

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 36. Ordinance Violations Bureaus › Chapter 2. Establishment › 33-36-2-4. Interlocal Agreements; Ordinance Violations

Sec. 4. A city or town that has not established a court under IC 33-35-1 or an ordinance violations bureau under this chapter may enter into an interlocal agreement under IC 36-1-7 with a municipal corporation that:
(1) has established an ordinance violations bureau under this chapter; and
(2) is located in the same judicial circuit as the city or town that has not established a court or an ordinance violations bureau;
to hear and dispose of ordinance violations that would otherwise come under the jurisdiction of an ordinance violations bureau established by the city or town under this chapter.
As added by P.L.55-2010, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 36. Ordinance Violations Bureaus › Chapter 2. Establishment › 33-36-2-5. Interlocal Agreements With County; Ordinance Violations

Sec. 5. A county may enter into an interlocal agreement under IC 36-1-7 with a city or town within the county for:
(1) use of the city or town's ordinance violations bureau; or
(2) use of the city or town's court if the city or town has established a court under IC 33-35;
to hear and dispose of ordinance violations that would otherwise come under the jurisdiction of an ordinance violations bureau established by a county under this chapter.
As added by P.L.75-2018, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 36. Ordinance Violations Bureaus › Chapter 3. Schedule of Ordinance and Code Provisions; Violations › 33-36-3-1. Schedule of Ordinance and Code Provisions; Civil Penalties

Sec. 1. (a) Upon the appointment or designation of the violations clerk as provided by IC 33-36-2-1, the legislative body shall designate, by ordinance or code, a schedule of ordinance and code provisions of the municipal corporation that are subject to admission of violation before the violations clerk and the amount of civil penalty to be assessed to a violator who elects to admit a violation under this chapter.
(b) Civil penalties shall be paid to, receipted by, and accounted for by the clerk under procedures provided for by the state board of accounts. Payment of civil penalties under this chapter may be made in person, by mail, or to an agent or agents designated by the legislative body.
[Pre-2004 Recodification Citation: 33-6-3-2.]
As added by P.L.98-2004, SEC.15.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 36. Ordinance Violations Bureaus › Chapter 3. Schedule of Ordinance and Code Provisions; Violations › 33-36-3-2. Right to Trial

Sec. 2. A person charged with an ordinance or a code violation is entitled to a trial before a court as provided by law, unless the person waives the right to trial and enters an admission of the violation with the violations clerk. Upon an admission, the clerk shall assess and receive from the violator the amount prescribed by the schedule of civil penalties established under section 1 of this chapter.
[Pre-2004 Recodification Citation: 33-6-3-2.]
As added by P.L.98-2004, SEC.15.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 36. Ordinance Violations Bureaus › Chapter 3. Schedule of Ordinance and Code Provisions; Violations › 33-36-3-3. Denial; Exercise of the Right to Trial

Sec. 3. If a person charged with a violation wants to exercise the right to trial, the person shall appear before the violations clerk and deny the violation or enter a written denial with the clerk.
[Pre-2004 Recodification Citation: 33-6-3-2.]
As added by P.L.98-2004, SEC.15.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 36. Ordinance Violations Bureaus › Chapter 3. Schedule of Ordinance and Code Provisions; Violations › 33-36-3-4. Repealed

[Pre-2004 Recodification Citation: 33-6-3-2.]
As added by P.L.98-2004, SEC.15. Repealed by P.L.88-2006, SEC.9.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 36. Ordinance Violations Bureaus › Chapter 3. Schedule of Ordinance and Code Provisions; Violations › 33-36-3-5. Failure to Appear or to Satisfy Assessed Civil Penalty; Report; Prosecution

Sec. 5. (a) If a person:
(1) denies an ordinance or code violation under this article;
(2) fails to satisfy a civil penalty assessed by the violations clerk after having entered an admission of violation; or
(3) fails to deny or admit the violation under this article;
the clerk shall report this fact to the official having the responsibility to prosecute ordinance violation cases for the municipal corporation.
(b) Proceedings in court against the person shall then be initiated for the alleged ordinance violation.
[Pre-2004 Recodification Citation: 33-6-3-3.]
As added by P.L.98-2004, SEC.15.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 36. Ordinance Violations Bureaus › Chapter 3. Schedule of Ordinance and Code Provisions; Violations › 33-36-3-6. Court Costs Fee; Admitted Ordinance Violations

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 36. Ordinance Violations Bureaus › Chapter 3. Schedule of Ordinance and Code Provisions; Violations › 33-36-3-7. Disposition of Civil Penalties and Costs Collected

Sec. 7. (a) Except as provided in subsections (b) and (c), all sums collected by the violations clerk as civil penalties for ordinance violations shall be accounted for and paid to the municipal corporation as provided by law.
(b) If a city or town that has not established a court under IC 33-35-1 or an ordinance violations bureau under IC 33-36-2 has entered into an interlocal agreement described in IC 33-36-2-4 with a municipal corporation, the sums collected by the violations clerk that involve the city or town that has not established a court or an ordinance violations bureau shall be accounted for and paid as provided in the interlocal agreement.
(c) If a county enters into an interlocal agreement under IC 33-36-2-5 with a city or town, the sums collected by the violations clerk or city or town court that involve the county shall be accounted for and paid as provided in the interlocal agreement.
[Pre-2004 Recodification Citation: 33-6-3-4.]
As added by P.L.98-2004, SEC.15. Amended by P.L.55-2010, SEC.5; P.L.75-2018, SEC.5.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 1. Applicability and Definitions › 33-37-1-1. Application of Article

Sec. 1. This article applies to all proceedings in the following courts:
(1) Circuit courts (Article 7, Section 7 of the Constitution of the State of Indiana, IC 33-28, and IC 33-33).
(2) Superior courts (IC 33-29 and IC 33-33).
(3) Probate courts (IC 33-31).
(4) City and town courts (IC 33-35).
[Pre-2004 Recodification Citation: 33-19-1-1.]
As added by P.L.98-2004, SEC.16. Amended by P.L.201-2011, SEC.101.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 1. Applicability and Definitions › 33-37-1-2. "Clerk"

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 1. Applicability and Definitions › 33-37-1-3. Costs for All Proceedings in Action

Sec. 3. (a) The costs imposed by this article are for all proceedings in the action.
(b) The costs imposed by this article include fees.
[Pre-2004 Recodification Citation: 33-19-1-9.]
As added by P.L.98-2004, SEC.16. Amended by P.L.106-2010, SEC.5.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 1. Applicability and Definitions › 33-37-1-4. Publication by Notice; Fees; Proof

Sec. 4. (a) If publication by notice is required by law in any action, the party or the attorney for the party from whom the notice is required shall pay the cost of publication directly to the publisher of the notice.
(b) The party or the attorney for the party shall file with the clerk proof of publication of the notice.
[Pre-2004 Recodification Citation: 33-19-4-4.]
As added by P.L.98-2004, SEC.16.