Title 33, COURTS AND COURT OFFICERS

Sec. 7. (a) The clerk shall keep a register of witness fees and other court fees. (b) When the clerk receives money in payment of court fees or fees for a witness or any other person, the clerk shall make an entry into the register recording the receipt of the payment. (c) The re…

Sec. 8. At the end of the clerk's term, the clerk shall deliver to the clerk's successor all the records, books, and papers belonging to the clerk's office. [Pre-2004 Recodification Citation: 33-17-2-11.] As added by P.L.98-2004, SEC.11.

Sec. 9. The county council shall appropriate reasonable sums to the clerk for necessary blank books and stationery. [Pre-2004 Recodification Citation: 33-17-2-2.] As added by P.L.98-2004, SEC.11.

Sec. 1. Bartholomew County constitutes the ninth judicial circuit. [Pre-2004 Recodification Citation: 33-4-1-3.] As added by P.L.98-2004, SEC.12.

Sec. 2. (a) There are created two (2) courts of record to be known as Bartholomew superior court No. 1 and Bartholomew superior court No. 2. (b) Each court is a standard superior court as described in IC 33-29-1. (c) Bartholomew County comprises the judicial district of each cour…

Sec. 3. The clerk of the Bartholomew circuit court is the clerk of the Bartholomew superior courts, and the sheriff of Bartholomew County is the sheriff of the Bartholomew superior courts. The sheriff shall attend the courts. The clerk and the sheriff shall discharge all the duti…

Sec. 4. Each Bartholomew superior court has one (1) judge who shall hold sessions in the Bartholomew County courthouse in Columbus. [Pre-2004 Recodification Citation: 33-5-8-4.] As added by P.L.98-2004, SEC.12.

Sec. 5. (a) The judges of the Bartholomew superior courts: (1) may make and adopt rules for conducting the business of the Bartholomew superior courts not repugnant to the laws of the state or rules of the supreme court; and (2) have all powers incident to a court of record in re…

Sec. 6. (a) The judge of Bartholomew superior court No. 2 may appoint one (1) full-time magistrate to serve Bartholomew superior court No. 2. (b) The magistrate continues in office until removed by the judge of Bartholomew superior court No. 2. [Pre-2004 Recodification Citation: …

Sec. 1. (a) Except for a claim between landlord and tenant, a case within the jurisdiction of a small claims court may be: (1) venued; (2) commenced; and (3) decided; in any township small claims court within the county. However, upon a motion for change of venue filed by the def…

Sec. 10. There may not be a trial by jury in the small claims court. [Pre-2004 Recodification Citation: 33-11.6-4-9.] As added by P.L.98-2004, SEC.13.

Sec. 11. (a) A filing of a civil claim in the small claims court constitutes a waiver of trial by jury by the plaintiff. (b) A defendant in a small claims case waives the right to trial by jury unless the defendant requests a jury trial at least three (3) calendar days before the…

Sec. 12. The small claims court shall take judicial notice of municipal, city, and town ordinances. [Pre-2004 Recodification Citation: 33-11.6-4-11.] As added by P.L.98-2004, SEC.13.

Sec. 13. (a) If the judgment or order is against the defendant, the defendant shall pay the judgment at any time and upon terms and conditions as the judge orders. (b) If the judge orders that the judgment be paid in specified installments, the judge may stay the issuance of exec…

Sec. 14. (a) All judgments rendered in civil actions may be recorded in the judgment docket book of the proper division of the small claims court. (b) A judgment entered by a small claims court is a lien on real estate when entered in the circuit court judgment docket in the same…

Sec. 15. (a) This section applies only to a judgment of the small claims court entered before July 1, 2018. (b) All appeals from judgments of the small claims court shall be taken to the circuit court or superior court of the county and tried de novo. (c) The rules of procedure f…

Sec. 15.1. (a) This section applies only to a judgment of the small claims court entered after June 30, 2018. (b) All appeals from judgments of the small claims court shall be taken to the court of appeals in the same manner as a judgment from a circuit or superior court. As adde…

Sec. 2. The court has original and concurrent jurisdiction with the circuit and superior courts in all civil cases founded on contract or tort in which the debt or damage claimed does not exceed ten thousand dollars ($10,000), not including interest or attorney's fees. [Pre-2004 …

Sec. 3. The court has original and concurrent jurisdiction with the circuit and superior courts in possessory actions between landlord and tenant in which the past due rent at the time of filing does not exceed ten thousand dollars ($10,000). The court also has original and concu…

Sec. 4. The court has original and concurrent jurisdiction with the circuit and superior court in emergency possessory actions between a landlord and tenant under IC 32-31-6. [Pre-2004 Recodification Citation: 33-11.6-4-3.5.] As added by P.L.98-2004, SEC.13.

Sec. 5. The small claims court has no jurisdiction: (1) in actions seeking injunctive relief or involving partition of real estate; (2) in actions to declare or enforce any lien except as provided in section 14 of this chapter; (3) in actions in which the appointment of a receive…

Sec. 6. (a) The judge of the circuit court, assisted by the judges of the small claims court, shall make and adopt uniform rules for conducting the business of the small claims court: (1) according to a simplified procedure; and (2) in the spirit of sections 7 and 9 of this chapt…

Sec. 7. A simplified procedure shall be established by rule to enable any person, including the state, to: (1) file the necessary papers; and (2) present the person's case in court; either to seek or to defend against a small claim without consulting or being represented by an at…

Sec. 8. (a) Upon the filing of a complaint, service of original process shall be attempted by personal service of the summons and complaint on the defendant, which may include leaving a copy of the service at the last known place of residence of the party if the process server pr…

Sec. 9. A trial: (1) must be informal, with the sole objective of dispensing speedy justice between the parties according to the rules of substantive law; and (2) may not be bound by the statutory provisions or rules of practice, procedure, pleadings, or evidence, except the prov…

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 a…

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,…

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

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.

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 on…

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-…

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.

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…

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 bef…

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 r…

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.…

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 s…

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 b…

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 cour…

Sec. 1. (a) The fees prescribed in civil actions or paternity actions may not be collected from the state or a political subdivision in an action brought by or on behalf of the state or the political subdivision. (b) This section does not prevent collecting fees from a defendant …

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

Sec. 3. (a) When an offender confined by the department of correction commences an action or a proceeding without paying fees or other court costs under section 2 of this chapter, the offender shall obtain from the appropriate official of the correctional facility or facilities a…

Sec. 4. A party for whom judgment is entered in a civil action is entitled to recover costs. [Pre-2004 Recodification Citation: 33-19-3-3.] As added by P.L.98-2004, SEC.16.

Sec. 5. The prepayment of fees under this chapter is not required in an appeal of a civil matter to a circuit court, superior court, or probate court from a court of inferior jurisdiction. [Pre-2004 Recodification Citation: 33-19-3-4.] As added by P.L.98-2004, SEC.16. Amended by …

Sec. 6. Court costs fees under this chapter include service of process by certified mail, unless service by the sheriff is requested by the person who institutes the action. [Pre-2004 Recodification Citation: 33-19-3-5.] As added by P.L.98-2004, SEC.16.

Sec. 7. If personal service of process is carried out by a process server other than the sheriff, the party who paid for the private service is entitled to reimbursement of the cost of the private service as a part of any judgment that party may recover. [Pre-2004 Recodification …