Title 33, COURTS AND COURT OFFICERS

Sec. 5. (a) Sitting in committee, the judges of the courts listed in section 3 of this chapter in each county shall determine the duties of the court administrator; and the court administrator shall perform the administrative duties the judges determine. (b) The salary of the cou…

Sec. 6. (a) To implement this chapter, the judges of the courts, sitting in committee, may appoint additional personnel in sufficient number so that the courts are adequately served by the court administrator. (b) The salaries of the additional personnel shall be paid by the coun…

Sec. 1. (a) The chief justice of the supreme court shall appoint a clerk of the supreme court. The individual appointed serves at the pleasure of the chief justice of the supreme court. (b) The clerk shall execute a bond in an amount directed by the supreme court. (c) The clerk s…

Sec. 2. The clerk of the supreme court shall do the following: (1) Reside, and keep the clerk's office open, in a building provided for that purpose by the state, at the seat of government, from 9 a.m. until 4 p.m. of every day in the year except Sundays and Independence Day. (2)…

Sec. 3. The supreme court shall allow the clerk of the supreme court a reasonable compensation for the record books and stationery furnished by the clerk for the use of the court if the clerk presents to the court an account specifying each item to be furnished to the court. The …

Sec. 4. An allowance made under section 3 of this chapter shall be entered on the order book of the supreme court. Upon receipt of a certified transcript of the allowance that is signed by a justice of the supreme court and attested by the seal of the court, the state comptroller…

Sec. 5. (a) The clerk of the supreme court shall certify any opinion, decision, and judgment of the supreme court and of the court of appeals to the lower court from which the cause was appealed, in the manner provided by statute and by the rules of the supreme court. (b) The cle…

Sec. 6. The supreme court shall annually appoint one (1) of its justices to inspect the office of the clerk of the supreme court and to report, at the next term, the condition of the records and books of that office. The report shall be entered on the order book of the court. [Pr…

Sec. 7. The clerk of the supreme court shall deliver to the clerk's successor all the books and papers of the clerk's office. [Pre-2004 Recodification Citation: 33-15-1-7.] As added by P.L.98-2004, SEC.3. Amended by P.L.14-2004, SEC.191.

Sec. 8. The clerk of the supreme court shall post a table of fees in a conspicuous place in the clerk's office. If the clerk fails to post a table of fees, the clerk may not demand or receive fees for services that the clerk renders. [Pre-2004 Recodification Citation: 33-15-1-8.]…

Sec. 9. (a) The clerk of the supreme court is not personally liable for any act or omission occurring in connection with the performance of the clerk's official duties, unless the act or omission constitutes gross negligence or an intentional disregard of the responsibilities of …

Sec. 1. The clerk of the supreme court shall be clerk of the court of appeals. [Pre-2004 Recodification Citation: 33-3-1-3.] As added by P.L.98-2004, SEC.4. Amended by P.L.139-2026, SEC.4.

Sec. 2. (a) The court of appeals may appoint personnel as the court determines necessary. (b) The judges of each geographic district may appoint law clerks, secretaries, and other personnel necessary for the holding of court and the administration of the court's duties. [Pre-2004…

Sec. 3. The commissioner of the Indiana department of administration shall provide rooms for the use of the judges and the court of appeals in Indianapolis. The court of appeals: (1) may: (A) provide the necessary furniture and stationery and other things necessary for the transa…

Sec. 4. (a) The court of appeals may appoint a court marshal. (b) A court marshal appointed under subsection (a): (1) serves at the pleasure of the court of appeals until the court of appeals terminates the court marshal's service by an order of the court; (2) provides for the sa…

Sec. 5. A: (1) court marshal appointed; or (2) deputy court marshal hired; under section 4 of this chapter is entitled to qualified immunity for acts performed in the course of official duties required under this chapter. As added by P.L.139-2026, SEC.6.

Sec. 6. (a) A court marshal appointed under section 4 of this chapter is responsible for the following: (1) Ensuring the safety and security of: (A) the judges; and (B) staff; of the court of appeals and the tax court at all primary office locations, offsite venues, and judicial …

Sec. 7. (a) When acting in an official capacity, a court marshal and a deputy court marshal may: (1) act as security for judicial officers and court staff in any county in Indiana; (2) use any force necessary to carry out the duties described in section 6 of this chapter; (3) car…

Sec. 1. (a) The tax court shall maintain its principal office in Indianapolis. (b) The Indiana department of administration shall provide suitable facilities for the court in Indianapolis. (c) If the court hears a case at a location outside Marion County, the executive of the cou…

Sec. 2. (a) The tax court may employ: (1) a bailiff; (2) a clerk; (3) a reporter; (4) a clerical assistant; or (5) any other personnel that the court needs to perform its duties. (b) The clerk of the supreme court shall serve as the clerk of the tax court. [Pre-2004 Recodificatio…

Sec. 1. A person who desires to serve as a senior judge under IC 33-23-3 may apply to the judicial nominating commission for certification to the supreme court as a senior judge. [Pre-2004 Recodification Citation: 33-2.1-4-17.] As added by P.L.98-2004, SEC.6.

Sec. 2. The judicial nominating commission shall certify to the supreme court a person desiring to serve as a senior judge if the person meets requirements for service as a senior judge set by the supreme court under IC 33-24-3-7. [Pre-2004 Recodification Citation: 33-2.1-4-17.] …

Sec. 3. (a) Except as provided in subsection (b), a person may not be certified under this section if: (1) the person: (A) has not served as a: (i) judge; (ii) justice; (iii) magistrate; or (iv) commissioner appointed under IC 33-33-49 who has all the powers and duties prescribed…

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.

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 …

Sec. 1. As used in this chapter, "electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, a telephone, or a computer or magnetic tape for the purpos…

Sec. 2. (a) As used in this chapter, "Indiana support enforcement tracking system (ISETS)" refers to the statewide automated system for the collection, disbursement, and distribution of child support payments established by the department of child services. (b) As used in this ch…

Sec. 2.5. The Indiana support enforcement tracking system (ISETS) or the successor statewide automated support enforcement system is the official record of the collection, disbursement, and distribution of child support payments as required under 42 U.S.C. 654. As added by P.L.12…

Sec. 3. The clerk may receive funds: (1) in payment of judgments; and (2) ordered to be paid into the court by the judge. [Pre-2004 Recodification Citation: 33-17-1-4.] As added by P.L.98-2004, SEC.11.

Sec. 4. Except as provided in sections 5 and 8 of this chapter, the clerk is liable, with the clerk's sureties, on the clerk's official bond for all funds received to any person who is entitled to demand and receive those funds from the clerk. [Pre-2004 Recodification Citation: 3…

Sec. 5. The state central collection unit is not liable and the clerk is not personally liable or liable in the clerk's official capacity on the clerk's official bond for funds received if the state central collection unit or the clerk: (1) through error or in accordance with the…

Sec. 6. If the state central collection unit or the clerk improperly disburses funds in the manner described by section 5 of this chapter, the state central collection unit or the clerk shall do the following: (1) Deduct the amount of funds improperly disbursed from fees collecte…

Sec. 7. If: (1) fees collected under IC 33-37-5-6 are credited to an account under section 6(2) of this chapter because a check or money order was dishonored by a financial institution or was the subject of a stop payment order; and (2) a person subsequently pays to the clerk all…

Sec. 8. The clerk is not personally liable for the amount of a dishonored check, for penalties assessed against a dishonored check, or for financial institution charges relating to a dishonored check, if: (1) the check was tendered to the clerk for the payment of a: (A) fee; (B) …

Sec. 1. Benton County constitutes the seventy-sixth judicial circuit. [Pre-2004 Recodification Citation: 33-4-1-4.] As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.32.

Sec. 1. A judge may: (1) administer oaths; (2) take and certify acknowledgements of deeds; and (3) give all necessary certificates for the authentication of the records and proceedings of the small claims court. [Pre-2004 Recodification Citation: 33-11.6-5-1.] As added by P.L.98-…

Sec. 2. The small claims court has the same power as the circuit court in relation to the: (1) attendance of witnesses; (2) punishment of contempts; and (3) enforcement of its orders. [Pre-2004 Recodification Citation: 33-11.6-5-2.] As added by P.L.98-2004, SEC.13.…

Sec. 3. A judge may: (1) issue and direct all process to individuals and corporations necessary to exercise the jurisdiction of the court; (2) make all proper judgment, sentences, decrees, and orders; and (3) do all acts necessary or proper in conformity with state laws; assisted…

Sec. 4. Each judge may solemnize marriages. [Pre-2004 Recodification Citation: 33-11.6-5-4.] As added by P.L.98-2004, SEC.13.

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 a…

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 m…

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 violate…

Sec. 0.1. The amendments made to sections 4 and 6 of this chapter by P.L.174-2006 apply only to cases filed after June 30, 2006. As added by P.L.220-2011, SEC.537.

Sec. 1. (a) For each action that results in a felony conviction under IC 35-50-2 or a misdemeanor conviction under IC 35-50-3, the clerk shall collect from the defendant a criminal costs fee of one hundred twenty dollars ($120). (b) In addition to the criminal costs fee collected…

Sec. 10. (a) Not later than seventy-five (75) days after judgment is entered in an action, the clerk shall issue an itemized fee bill for the collection of fees that were charged against the party in that action and that remain unpaid. The clerk shall present the fee bill for col…

Sec. 2. (a) Except as provided in subsections (d) and (e), for each action that results in a judgment: (1) for a violation constituting an infraction; or (2) for a violation of an ordinance of a municipal corporation (as defined in IC 36-1-2-10); the clerk shall collect from the …