reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 2. Provisions Governing Standard Small Claims and Misdemeanor Division › 33-29-2-5. Exceptions to Formal Practice and Procedure; Answer and Appearance; Continuance; Informality

Sec. 5. (a) The exceptions provided in this section to formal practice and procedure apply to all cases on the small claims docket.
(b) A defendant is considered to have complied with the statute and rule requiring the filing of an answer upon entering an appearance personally or by attorney. The appearance constitutes a general denial and preserves all defenses and compulsory counterclaims, which may then be presented at the trial of the cause.
(c) If, at the trial of the cause, the court determines:
(1) that the complaint is so vague or ambiguous that the defendant was unable to determine the nature of the plaintiff's claim; or
(2) that the plaintiff is surprised by a defense or compulsory counterclaim raised by the defendant that the plaintiff could not reasonably have anticipated;
the court shall grant a continuance.
(d) The trial shall be conducted informally, with the sole objective of dispensing speedy justice between the parties according to the rules of substantive law. The trial is not bound by the statutes or rules governing practice, procedure, pleadings, or evidence except for provisions relating to privileged communications and offers of compromise.
[Pre-2004 Recodification Citation: 33-5-2-5.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 2. Provisions Governing Standard Small Claims and Misdemeanor Division › 33-29-2-6. Change of Venue

Sec. 6. There is no change of venue from the county as of right in cases on the small claims docket. However, a change of venue from the judge shall be granted as provided by statute and by rules of the supreme court.
[Pre-2004 Recodification Citation: 33-5-2-6.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 2. Provisions Governing Standard Small Claims and Misdemeanor Division › 33-29-2-7. Jury Trial; Transfer to Plenary Docket

Sec. 7. (a) The filing of a claim on the small claims docket is considered a waiver of trial by jury.
(b) A defendant may, not later than ten (10) days following service of the complaint in a small claims case, demand a trial by jury by filing an affidavit that:
(1) states that there are questions of fact requiring a trial by jury;
(2) specifies those questions of fact; and
(3) states that the demand is in good faith.
(c) Notice of the defendant's right to a jury trial, and the ten (10) day period in which to file for a jury trial, shall be clearly stated on the notice of claim or on an additional sheet to be served with the notice of claim on the defendant.
(d) Upon the deposit of seventy dollars ($70) in the small claims docket by the defendant, the court shall transfer the claim to the plenary docket. Upon transfer, the claim then loses its status as a small claim.
[Pre-2004 Recodification Citation: 33-5-2-7.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 2. Provisions Governing Standard Small Claims and Misdemeanor Division › 33-29-2-8. Minor Offenses and Violations Docket

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 34-28-5-13.
[Pre-2004 Recodification Citation: 33-5-2-8.]
As added by P.L.98-2004, SEC.8. Amended by P.L.158-2013, SEC.338.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 2. Provisions Governing Standard Small Claims and Misdemeanor Division › 33-29-2-9. Evening Sessions; Additional Sessions

Sec. 9. The court may hold additional sessions in the evening and on holidays as necessary to ensure the just, speedy, and inexpensive determination of every action.
[Pre-2004 Recodification Citation: 33-5-2-9.]
As added by P.L.98-2004, SEC.8. Amended by P.L.161-2018, SEC.74.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 2. Provisions Governing Standard Small Claims and Misdemeanor Division › 33-29-2-10. Requests by Chief Administrative Officer of the Office of Judicial Administration

Sec. 10. The court shall comply with all requests made under IC 33-24-6-3 by the chief administrative officer of the office of judicial administration concerning the small claims and misdemeanor division.
[Pre-2004 Recodification Citation: 33-5-2-10.]
As added by P.L.98-2004, SEC.8. Amended by P.L.161-2018, SEC.75.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 3. Small Claims Referees › 33-29-3-1. Application

Sec. 1. This chapter applies to each superior court having a standard small claims and misdemeanor division for which a judge of the superior court is authorized under IC 33-33 to appoint a small claims referee.
[Pre-2004 Recodification Citation: 33-5-2.5-1.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 3. Small Claims Referees › 33-29-3-2. Times of Service; Qualifications

Sec. 2. (a) A small claims referee shall serve at those times the court requires.
(b) A small claims referee:
(1) must be admitted to the practice of law in Indiana;
(2) is not required to be a resident of the county; and
(3) continues in office until removed by the judge of the court.
[Pre-2004 Recodification Citation: 33-5-2.5-2.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 3. Small Claims Referees › 33-29-3-3. Appointment; Practice of Law

Sec. 3. The appointment of the small claims referee:
(1) must be in writing; and
(2) does not prohibit the private practice of law by the appointee.
[Pre-2004 Recodification Citation: 33-5-2.5-3.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 3. Small Claims Referees › 33-29-3-4. Powers

Sec. 4. A small claims referee may:
(1) administer all oaths and affirmations;
(2) take and certify affidavits and depositions;
(3) issue subpoenas for witnesses;
(4) compel the attendance of witnesses; and
(5) punish contempts;
for matters within the small claims jurisdiction of the court.
[Pre-2004 Recodification Citation: 33-5-2.5-4.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 3. Small Claims Referees › 33-29-3-5. Duties

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 3. Small Claims Referees › 33-29-3-6. Limiting Power of Court

Sec. 6. The judge of the court may:
(1) limit any of the rights or powers of the small claims referee; and
(2) specifically determine the duties of the small claims referee within the limits established in this chapter.
[Pre-2004 Recodification Citation: 33-5-2.5-6.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 4. Division of Rooms in Superior Courts › 33-29-4-1. Superior Court Divided Into Rooms

Sec. 1. In a county that has a superior court consisting of two (2) or more judges, the court shall be divided into rooms.
[Pre-2004 Recodification Citation: 33-5-3-1.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 4. Division of Rooms in Superior Courts › 33-29-4-2. Room Numbering

Sec. 2. The rooms described in section 1 of this chapter shall be numbered consecutively, beginning with No. 1. The judges of the courts shall be nominated and elected by rooms. However, any one (1) judge may sit as judge in the other rooms of the court.
[Pre-2004 Recodification Citation: 33-5-3-1.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 5. Terms and Powers of Superior Courts › 33-29-5-1. Application

Sec. 1. (a) Except as provided in subsection (b), terms and powers described in this chapter apply to superior courts except as otherwise provided in the particular statute creating the superior court for a particular county.
(b) Section 7 of this chapter applies to all superior courts.
[Pre-2004 Recodification Citation: 33-5-3.5-1.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 5. Terms and Powers of Superior Courts › 33-29-5-2. Terms of Court

Sec. 2. (a) If a superior court consists of more than one (1) judge, the court shall hold general and special terms.
(b) A general term of the superior court may be held by a majority of the judges and a special term by any one (1) or more of the judges. General and special terms may be held at the same time, as the judges of the court may direct. If a general or special term is held, the terms shall be taken and considered to have been held by the authority and direction of the judges.
[Pre-2004 Recodification Citation: 33-5-3.5-2.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 5. Terms and Powers of Superior Courts › 33-29-5-3. General Powers

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 5. Terms and Powers of Superior Courts › 33-29-5-4. Special Powers

Sec. 4. The judges of the superior court, individually or collectively, may do the following:
(1) Grant restraining orders and injunctions.
(2) Issue writs of habeas corpus, and of mandate and prohibition.
(3) Appoint receivers, master commissioners, and commissioners to convey real property.
(4) Grant commissions for the examination of witnesses.
(5) Appoint other officers necessary to facilitate and transact the business of the court as is conferred on judges of circuit courts.
[Pre-2004 Recodification Citation: 33-5-3.5-4.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 5. Terms and Powers of Superior Courts › 33-29-5-5. Change of Venue; Transfers to Circuit Court

Sec. 5. When any reason for a change of venue is shown to exist from any of the judges, the remaining judge or judges alone shall act. However, when all the judges are incompetent to act, the case shall be transferred to the circuit court of the county.
[Pre-2004 Recodification Citation: 33-5-3.5-5.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 5. Terms and Powers of Superior Courts › 33-29-5-6. Direct Appeals to Supreme Court or Court of Appeals

Sec. 6. (a) In all cases where a person has the right of appeal from the circuit to the supreme court or court of appeals, an appeal may be taken directly to the supreme court or court of appeals from any order or judgment of the superior court.
(b) Appeals described in subsection (a) are governed by the law regulating appeals from the circuit court to the supreme court or court of appeals.
(c) Appeals from the special to the general term are abolished.
[Pre-2004 Recodification Citation: 33-5-3.5-6.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 5. Terms and Powers of Superior Courts › 33-29-5-7. Superior Court Judges; Eligibility

Sec. 7. To be eligible to hold office as a judge of a superior court, a person must be a resident of the judicial circuit that the judge serves.
[Pre-2004 Recodification Citation: 33-5-3.5-7.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 6. Transfer of Action to Circuit Court › 33-29-6-1. Superior Court Judge Transfer Motion

Sec. 1. In all counties that contain circuit and superior courts, the judge of the superior court may, upon the judge's own motion, transfer any case filed and docketed in the superior court to the circuit court to be redocketed and disposed of as if originally filed with the circuit court if:
(1) any reason for change of venue from the judge of the superior court is shown to exist as provided by law;
(2) more cases are filed in the superior court during any term of the superior court than can be disposed of with expedition; and
(3) in the opinion of the superior court, an early disposition of the case is required.
[Pre-2004 Recodification Citation: 33-5-4-1.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 6. Transfer of Action to Circuit Court › 33-29-6-2. Transfers From Circuit Court to Superior Court; Grounds

Sec. 2. In all counties with circuit and superior courts, the judge of the circuit court may, with the consent of the judge of the superior court, transfer any action, cause, or proceedings filed and docketed in the circuit court to the superior court by transferring all original papers and instruments filed in the action, cause, or proceeding without further transcript to be redocketed and disposed of as if originally filed with the superior court, provided the action, cause, or proceeding could have been originally filed and docketed in the superior court, in any of the following instances:
(1) Whenever more cases are filed in the circuit court during any year than can be disposed of with expedition.
(2) In all other cases where, in the opinion of the circuit court judge, an early disposition of the case is required.
[Pre-2004 Recodification Citation: 33-5-4-2.]
As added by P.L.98-2004, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 6. Transfer of Action to Circuit Court › 33-29-6-3. Transfers From Superior Court to Circuit Court; Grounds

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 29. Superior Courts › Chapter 6. Transfer of Action to Circuit Court › 33-29-6-4. Transfers to Special Judge

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 30. Repealed

[Pre-2004 Recodification Citations:
33-30-1-1formerly 33-10.5-1-333-30-1-2formerly 33-10.5-1-333-30-1-3formerly 33-10.5-1-333-30-1-4formerly 33-10.5-1-333-30-2-1formerly 33-10.5-1-433-30-2-2formerly 33-10.5-1-733-30-2-3formerly 33-10.5-1-433-30-2-4formerly 33-10.5-1-633-30-2-5formerly 33-10.5-2-333-30-2-6formerly 33-10.5-2-433-30-2-7formerly 33-10.5-2-533-30-2-8formerly 33-10.5-5-133-30-2-9formerly 33-10.5-3-433-30-3-1formerly 33-10.5-6-133-30-3-2formerly 33-10.5-4-133-30-3-3formerly 33-10.5-4-233-30-3-4formerly 33-10.5-6-633-30-3-5formerly 33-10.5-8-433-30-3-6formerly 33-10.5-3-933-30-3-7formerly 33-10.5-5-233-30-3-8formerly 33-10.5-6-233-30-3-9formerly 33-10.5-6-333-30-3-10formerly 33-10.5-6-433-30-3-11formerly 33-10.5-6-533-30-3-12formerly 33-10.5-10-333-30-4-1formerly 33-10.5-3-133-30-4-2formerly 33-10.5-3-233-30-5-1formerly 33-10.5-7-133-30-5-2formerly 33-10.5-7-133-30-5-3formerly 33-10.5-7-233-30-5-4formerly 33-10.5-7-333-30-5-5formerly 33-10.5-7-533-30-5-6formerly 33-10.5-7-633-30-5-7formerly 33-10.5-7-733-30-5-8formerly 33-10.5-7-833-30-5-9formerly 33-10.5-7-933-30-5-10formerly 33-10.5-7-1033-30-6-1formerly 33-10.5-3-533-30-6-2formerly 33-10.5-3-633-30-6-3formerly 33-10.5-3-733-30-6-4formerly 33-10.5-3-833-30-7-1formerly 33-10.5-8-133-30-7-2formerly 33-10.5-8-233-30-7-3formerly 33-10.5-8-333-30-7-4formerly 33-10.5-5-3.]
Repealed by P.L.201-2011, SEC.115.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-1. Establishment of Court

Sec. 1. There is established a probate court in St. Joseph County known as the St. Joseph Probate Court. The court shall be presided over by one (1) judge to be chosen as provided in this chapter.
[Pre-2004 Recodification Citation: 33-8-2-1.]
As added by P.L.98-2004, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-2. Court of Record; Seal

Sec. 2. The court:
(1) is a court of record; and
(2) shall have a seal and device, as the judge may choose, with the name of the county on its face. A description and impression of the seal and device shall be spread on the order book of the court.
[Pre-2004 Recodification Citation: 33-8-2-2.]
As added by P.L.98-2004, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-3. Judge; Election; Vacancies; Appointment

Sec. 3. (a) The court consists of one (1) judge, to be elected by the legal voters of the county for a term of six (6) years:
(1) beginning on the first day of January following the election of the judge; and
(2) continuing until the successor of the judge is elected and qualified.
The election must occur at the time of the general election every six (6) years.
(b) The judge shall be commissioned by the governor in the same manner as judges of the circuit court. Vacancies occurring in the office of judge of the probate court shall be filled by appointment by the governor, in the same manner as vacancies in the office of judge of the circuit court.
(c) To be eligible to hold office as judge of the court, a person must be a resident of St. Joseph County.
[Pre-2004 Recodification Citation: 33-8-2-3.]
As added by P.L.98-2004, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-4. Clerk; Sheriff

Sec. 4. The clerk of the circuit court and the sheriff of the county where the court is organized shall be the clerk and sheriff of the probate court. The clerk and the sheriff are each entitled to fees for their services as are allowed in the circuit court for similar services.
[Pre-2004 Recodification Citation: 33-8-2-4.]
As added by P.L.98-2004, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-5. Clerk and Sheriff; Duties and Liability; Application of Laws

Sec. 5. (a) The sheriff shall attend the court. The clerk and the sheriff shall discharge all the duties pertaining to their respective offices required by law in the circuit court.
(b) All laws:
(1) prescribing the duties and liability of the officers;
(2) prescribing the mode of proceeding against either or both of the officers for any neglect of official duty; and
(3) allowing fees and providing for the collection of the fees;
in the circuit court, extend to the probate court, as applicable.
[Pre-2004 Recodification Citation: 33-8-2-5.]
As added by P.L.98-2004, SEC.10. Amended by P.L.78-2014, SEC.5.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-6. Sessions of Court

Sec. 6. The probate court shall hold sessions at the courthouse of the county, or at any other convenient place as the court designates in the county. The county commissioners shall provide suitable quarters for the sessions.
[Pre-2004 Recodification Citation: 33-8-2-6.]
As added by P.L.98-2004, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-7. Adjournment of Court

Sec. 7. The judge of the court may adjourn the same on any day previous to the expiration of the time for which it may be held, and also from any one (1) day in the term over to any other day in the same term, if in the opinion of the judge, the business of the court will allow.
[Pre-2004 Recodification Citation: 33-8-2-7.]
As added by P.L.98-2004, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-8. Trial Extending Beyond Term of Court

Sec. 8. When a trial is begun and in progress at the time when by law, the term of the court would expire, the term shall be extended until the close of the trial.
[Pre-2004 Recodification Citation: 33-8-2-8.]
As added by P.L.98-2004, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-9. Jurisdiction

Sec. 9. All probate courts have:
(1) original and concurrent jurisdiction in all civil cases and in all criminal cases;
(2) de novo appellate jurisdiction of appeals from city and town courts; and
(3) in Marion County, de novo appellate jurisdiction of appeals from township small claims courts established under IC 33-34.
[Pre-2004 Recodification Citations: 33-8-2-9; 33-8-2-10.]
As added by P.L.98-2004, SEC.10. Amended by P.L.201-2011, SEC.28.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-10. 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-11. Judge Acting as Circuit Court or Superior Court Judge

Sec. 11. A judge of the probate court may act as judge of any circuit court or superior court upon the trial of any cause or proceeding, when:
(1) the judge of the circuit or superior court may be incompetent to try the cause; or
(2) a change of venue is granted for objection to the judge.
[Pre-2004 Recodification Citation: 33-8-2-12.]
As added by P.L.98-2004, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-12. Appointment of Temporary Judge

Sec. 12. (a) If the judge of the probate court is unable to attend and preside at any term of the court, or during any part of a term, the judge may appoint, in writing, an attorney eligible to the office of the judge, at the term or part of the term.
(b) A written appointment shall be entered of record in the court.
(c) If the appointee is not a judge of a court of record, the appointee shall take the same oath required by law of judges of the probate court.
(d) The appointee has the same power and authority during the continuance of the appointment of the judge as a regularly elected judge of the court.
[Pre-2004 Recodification Citation: 33-8-2-13.]
As added by P.L.98-2004, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-13. Compensation of Judge Pro Tem

Sec. 13. (a) When a person is appointed judge pro tem under this chapter, the appointee is entitled to ten dollars ($10) for each day the appointee serves as the judge to be paid:
(1) out of the county treasury of the county where the probate court is held;
(2) upon the warrant of the county auditor; and
(3) based upon the filing of a claim approved by the judge of the court.
(b) Any amount more than five hundred dollars ($500) allowed to a judge pro tem during any year shall be deducted by the board of county commissioners from the regular annual salary of the judge of the probate court making the appointment unless the judge pro tem is appointed on account of change of venue, relationship, interest as former counsel, or absence of judge in case of serious sickness of the judge or a family member of the judge.
[Pre-2004 Recodification Citation: 33-8-2-14.]
As added by P.L.98-2004, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-14. Process of Court

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-15. Court of Record; Force and Effect of Judgment, Orders, and Proceedings

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-16. Judicial Powers

Sec. 16. (a) The judge of the court:
(1) may make and adopt rules and regulations for conducting the business of the court, not repugnant to Indiana law; and
(2) has all the power incident to a court of record and of general original jurisdiction, in relation to the attendance of witnesses, the punishment of contempts, and enforcing its orders.
(b) The judge of the court may:
(1) administer oaths;
(2) take and certify acknowledgments of deeds; and
(3) give all necessary certificates for the authentication of the records and proceedings in the court.
[Pre-2004 Recodification Citation: 33-8-2-17.]
As added by P.L.98-2004, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-17. Dockets; Books and Records

Sec. 17. Under the direction of the judge, the clerk shall provide for court order books, judgment dockets, execution dockets, fee books, and other books, records, and supplies as may be necessary. All books, papers, and proceedings of the court shall be kept distinct and separate from those of other courts.
[Pre-2004 Recodification Citation: 33-8-2-18.]
As added by P.L.98-2004, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-18. Power of Judge Same as Circuit Court

Sec. 18. The judge of the court has the same power as the judge of the circuit court of the county to:
(1) grant restraining orders and injunctions;
(2) issue writs of habeas corpus, and of mandate and prohibition; and
(3) appoint receivers, master commissioners for the examination of witnesses, and other officers necessary to facilitate and transact the business of the court.
[Pre-2004 Recodification Citation: 33-8-2-19.]
As added by P.L.98-2004, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-19. Appeals

Sec. 19. A party may appeal to the supreme court or the court of appeals from the order or judgment of the probate court in any case in which an appeal may be had from an order or judgment of the circuit court. The appeal shall be regulated by the law regulating appeals from the circuit court to the court of appeals and the supreme court, so far as applicable. An appeal may also be taken to the court of appeals and the supreme court in the same manner and in like cases as from circuit courts.
[Pre-2004 Recodification Citation: 33-8-2-20.]
As added by P.L.98-2004, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-20. Docket Fees

Sec. 20. (a) The same docket fees shall be taxed in the court as are provided by law to be taxed in the circuit court.
(b) The fees, when collected, shall be paid by the clerk to the treasurer of the county to be applied in reimbursing the county for expenses of the court.
[Pre-2004 Recodification Citation: 33-8-2-21.]
As added by P.L.98-2004, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-21. Judge's Salary

Sec. 21. (a) The salary of the judge of the probate court shall be the same as that of the judge of the circuit court of the county. The salary of the judge and the compensation of a judge pro tempore shall be paid in the same manner and from the same sources as the judge of the circuit court or judges pro tempore of the court.
(b) A full-time judge of a probate court may not be paid compensation for serving as a special judge, except for reasonable expenses for meals, lodging, travel, and other incidental expenses approved by the chief administrative officer of the office of judicial administration.
[Pre-2004 Recodification Citation: 33-8-2-22.]
As added by P.L.98-2004, SEC.10. Amended by P.L.161-2018, SEC.76.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-22. Appointment of Clerk and Other Employees

Sec. 22. The probate court may appoint a chief clerk and other employees as the judge considers necessary whose salaries shall be fixed by the judge and be paid out of the county treasury.
[Pre-2004 Recodification Citation: 33-8-2-23.]
As added by P.L.98-2004, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-23. Repealed

[Pre-2004 Recodification Citation: 33-8-2-24.]
As added by P.L.98-2004, SEC.10. Repealed by P.L.201-2011, SEC.115.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 1. St. Joseph County Probate Court › 33-31-1-24. Magistrates

Sec. 24. The judge of the St. Joseph probate court may appoint three (3) full-time magistrates under IC 33-23-5. The magistrates continue in office until removed by the judge.
[Pre-2004 Recodification Citation: 33-8-2-25.]
As added by P.L.98-2004, SEC.10. Amended by P.L.127-2008, SEC.8; P.L.201-2011, SEC.29.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 2. Small Claims and Misdemeanor Division › 33-31-2-2. Dockets

Sec. 2. The small claims and misdemeanor division of the court has the following dockets:
(1) A small claims docket.
(2) A minor offenses and violations docket.
As added by P.L.201-2011, SEC.30.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 2. Small Claims and Misdemeanor Division › 33-31-2-3. Small Claims Docket; Jurisdiction

Sec. 3. The small claims docket has jurisdiction over the following:
(1) Civil actions in which the amount sought or value of the property sought to be recovered is not more than ten thousand dollars ($10,000). The plaintiff in a statement of claim or the defendant in a counterclaim may waive the excess of any claim that exceeds ten thousand dollars ($10,000) in order to bring it within the jurisdiction of the small claims docket.
(2) Possessory actions between landlord and tenant in which the rent due at the time the action is filed does not exceed ten thousand dollars ($10,000).
(3) Emergency possessory actions between a landlord and tenant under IC 32-31-6.
As added by P.L.201-2011, SEC.30. Amended by P.L.162-2020, SEC.9; P.L.125-2021, SEC.3.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 2. Small Claims and Misdemeanor Division › 33-31-2-4. Exceptions to Formal Practice and Procedure

Sec. 4. (a) The exceptions provided in this section to formal practice and procedure apply to all cases on the small claims docket.
(b) A defendant is considered to have complied with the statute and rule requiring the filing of an answer upon entering an appearance personally or by attorney. The appearance constitutes a general denial and preserves all defenses and compulsory counterclaims, which may then be presented at the trial of the case.
(c) If, at the trial of the case, the court determines:
(1) that the complaint is so vague or ambiguous that the defendant was unable to determine the nature of the plaintiff's claim; or
(2) that the plaintiff is surprised by a defense or compulsory counterclaim raised by the defendant that the plaintiff could not reasonably have anticipated;
the court shall grant a continuance.
(d) The trial shall be conducted informally, with the objective of dispensing speedy justice between the parties according to the rules of substantive law. The trial is not bound by the statutes or rules governing practice, procedure, pleadings, or evidence except for provisions relating to privileged communications and offers of compromise.
As added by P.L.201-2011, SEC.30.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 2. Small Claims and Misdemeanor Division › 33-31-2-5. Change of Venue

Sec. 5. There is no change of venue from the county as of right in cases on the small claims docket. However, a change of venue from the judge shall be granted as provided by statute and by rules of the supreme court.
As added by P.L.201-2011, SEC.30.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 2. Small Claims and Misdemeanor Division › 33-31-2-6. Trial by Jury

Sec. 6. (a) The filing of a claim on the small claims docket is considered a waiver of trial by jury.
(b) The defendant may, not later than ten (10) days following service of the complaint in a small claims case, demand a trial by jury by filing an affidavit that:
(1) states that there are questions of fact requiring a trial by jury;
(2) specifies those questions of fact; and
(3) states that the demand is in good faith.
(c) Notice of the defendant's right to a jury trial, and the ten (10) day period in which to file for a jury trial, must be clearly stated on the notice of claim or on an additional sheet to be served with the notice of claim on the defendant.
(d) Upon the deposit of seventy dollars ($70) in the small claims docket by the defendant, the court shall transfer the claim to the plenary docket. Upon transfer, the claim then loses its status as a small claim.
As added by P.L.201-2011, SEC.30.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 2. Small Claims and Misdemeanor Division › 33-31-2-7. Minor Offenses and Violations Docket; Jurisdiction

Sec. 7. (a) The minor offenses and violations docket has jurisdiction over the following:
(1) All Level 6 felony cases.
(2) All misdemeanor cases.
(3) All infraction cases.
(4) All ordinance violation cases.
(b) The court shall establish a traffic violations bureau in the manner prescribed by IC 34-28-5-7 through IC 34-28-5-9.
As added by P.L.201-2011, SEC.30. Amended by P.L.158-2013, SEC.339.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 2. Small Claims and Misdemeanor Division › 33-31-2-8. Court Sessions

Sec. 8. (a) The court shall provide by rule for an evening session to be held once each week.
(b) The court shall hold additional sessions in the evening and on holidays as necessary to ensure the just, speedy, and inexpensive determination of every action.
As added by P.L.201-2011, SEC.30.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 31. Probate Courts › Chapter 2. Small Claims and Misdemeanor Division › 33-31-2-9. Office of Judicial Administration Requests

Sec. 9. The court shall comply with all requests made under IC 33-24-6-3 by the chief administrative officer of the office of judicial administration concerning the small claims and misdemeanor division.
As added by P.L.201-2011, SEC.30. Amended by P.L.161-2018, SEC.77.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 1. Definitions › 33-32-1-1. "Clerk" Defined

Sec. 1. As used in this article, "clerk" means a clerk of the circuit court elected and qualified under Article 6, Sections 2 and 4 of the Constitution of the State of Indiana.
[Pre-2004 Recodification Citation: 33-17-1-1.]
As added by P.L.98-2004, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 2. General Powers and Duties › 33-32-2-1. Clerks in Counties With Multiple Courts

Sec. 1. In a county having one (1) or more superior courts or a county, municipal, or probate court, the clerk shall serve as clerk of the superior, county, and probate court as well as clerk of the circuit court.
[Pre-2004 Recodification Citation: 33-17-1-1.]
As added by P.L.98-2004, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 2. General Powers and Duties › 33-32-2-2. Election; Term

Sec. 2. A clerk of the circuit court shall be elected under IC 3-10-2-13 by the voters of each county. The term of office of a clerk is four (4) years, continuing until a successor is elected and qualified.
[Pre-2004 Recodification Citation: 33-17-1-2.]
As added by P.L.98-2004, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 2. General Powers and Duties › 33-32-2-3. Bond

Sec. 3. In the manner prescribed by IC 5-4-1, the clerk of each county shall execute a bond conditioned upon:
(1) the faithful discharge of the duties of the clerk's office; and
(2) the proper payment of all money received by the office of the clerk.
[Pre-2004 Recodification Citation: 33-17-1-3.]
As added by P.L.98-2004, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 2. General Powers and Duties › 33-32-2-4. Clerk's Office

Sec. 4. (a) The board of county commissioners shall provide the clerk with an office at:
(1) the county seat; or
(2) in Elkhart County, any other place in the county as the board of county commissioners may provide;
in a building provided for that purpose.
(b) The clerk shall keep the office open on every day of the year except on Sundays and legal holidays. However, the clerk:
(1) shall keep the office of the clerk open on those days and times necessary for the proper administration of the election statutes; and
(2) may close the office on those days that the judge of the circuit court orders the court closed in accordance with the custom and practice of the county.
(c) Any legal action required to be taken in the office of the clerk during the time the office is closed under this section may be taken on the next following day the office is open.
[Pre-2004 Recodification Citation: 33-17-1-5.]
As added by P.L.98-2004, SEC.11. Amended by P.L.7-2020, SEC.1.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 2. General Powers and Duties › 33-32-2-5. Administering of Oaths

Sec. 5. A clerk may administer all oaths.
[Pre-2004 Recodification Citation: 33-17-1-7.]
As added by P.L.98-2004, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 2. General Powers and Duties › 33-32-2-6. Duties Concerning Elections

Sec. 6. A clerk shall carry out the duties prescribed for a clerk in IC 3 concerning elections.
[Pre-2004 Recodification Citation: 33-17-1-8.]
As added by P.L.98-2004, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 2. General Powers and Duties › 33-32-2-7. Table of Fees

Sec. 7. A clerk shall post in a conspicuous place in the clerk's office a table of the clerk's fees. If a clerk fails to post a table of fees, a clerk may not demand or receive fees for services rendered.
[Pre-2004 Recodification Citation: 33-17-1-6.]
As added by P.L.98-2004, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 2. General Powers and Duties › 33-32-2-8. Purchase of Judgment, Decree, or Allowance Prohibited

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 2. General Powers and Duties › 33-32-2-9. Required Training Courses

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
Sec. 9. (a) As used in this section, "training courses" refers to training courses related to the office of circuit court clerk that are compiled or developed by the Association of Indiana Counties and approved by the state board of accounts.
(b) An individual elected to the office of circuit court clerk shall complete at least:
(1) fifteen (15) hours of training courses within one (1) year; and
(2) forty (40) hours of training courses within three (3) years;
after the individual is elected to the office of circuit court clerk.
(c) An individual first elected to the office of circuit court clerk shall complete five (5) hours of newly elected official training courses before the individual first takes the office of circuit court clerk. A training course that an individual completes under this subsection shall be counted toward the individual's requirements under subsection (b).
(d) An individual shall fulfill the training requirements established by subsection (b) for each term to which the individual is elected as circuit court clerk.
(e) The failure of an individual to complete the training required by this section does not prevent the individual from taking an office to which the individual was elected.
(f) This subsection applies only to an individual appointed to fill a vacancy in the office of circuit court clerk. An individual described in this subsection may, but is not required to, take training courses required by subsection (b). If an individual described in this subsection takes a training course required by subsection (b) for an elected circuit court clerk, the county shall pay for the training course as if the individual had been an elected circuit court clerk.
As added by P.L.45-2010, SEC.1. Amended by P.L.279-2013, SEC.1; P.L.257-2019, SEC.94.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 2. General Powers and Duties › 33-32-2-9-b. Required Training Courses

Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024.
Sec. 9. (a) As used in this section, "training courses" refers to training courses related to the office of circuit court clerk that are compiled or developed by the Association of Indiana Counties and approved by the state board of accounts.
(b) An individual elected to the office of circuit court clerk shall complete at least:
(1) fifteen (15) hours of training courses within one (1) year; and
(2) forty (40) hours of training courses within three (3) years;
after the individual is elected to the office of circuit court clerk.
(c) An individual first elected to the office of circuit court clerk shall complete five (5) hours of newly elected official training courses before the individual first takes the office of circuit court clerk. A training course that an individual completes under this subsection shall be counted toward the individual's requirements under subsection (b).
(d) An individual shall fulfill the training requirements established by subsection (b) for each term to which the individual is elected as circuit court clerk.
(e) The failure of an individual to complete the training required by this section does not prevent the individual from taking an office to which the individual was elected.
(f) This subsection applies only to an individual appointed to fill a vacancy in the office of circuit court clerk. An individual described in this subsection may, but is not required to, take training courses required by subsection (b). If an individual described in this subsection takes a training course required by subsection (b) for an elected circuit court clerk, the county shall pay for the training course as if the individual had been an elected circuit court clerk.
(g) An individual elected to the office of circuit court clerk shall certify completion of the requirements described in subsection (b) every year and file the certification with the state board of accounts in the same manner as the report required in IC 5-11-1-4(a).
As added by P.L.45-2010, SEC.1. Amended by P.L.279-2013, SEC.1; P.L.257-2019, SEC.94; P.L.58-2023, SEC.15.