Title 33, COURTS AND COURT OFFICERS

Sec. 13. (a) Except as provided in subsection (b), a magistrate may: (1) participate in the public employees' retirement fund as provided in IC 5-10.3; or (2) elect to remain in the judges' retirement system under IC 33-38 if the magistrate had previously participated in the syst…

Sec. 2. A magistrate must be admitted to the practice of law in Indiana. [Pre-2004 Recodification Citation: 33-4-7-2.] As added by P.L.98-2004, SEC.2.

Sec. 3. A magistrate may not engage in the practice of law while holding the office of magistrate. [Pre-2004 Recodification Citation: 33-4-7-3.] As added by P.L.98-2004, SEC.2.

Sec. 4. The files of applicants for appointment as a magistrate, including the names of applicants, are confidential as provided in IC 5-14-3-4(b)(8). [Pre-2004 Recodification Citation: 33-4-7-3.5.] As added by P.L.98-2004, SEC.2.

Sec. 6. A magistrate may serve as a judge pro tempore or as a special judge of the court. A magistrate is not entitled to additional compensation for service under this section. [Pre-2004 Recodification Citation: 33-4-7-5.] As added by P.L.98-2004, SEC.2.

Sec. 7. The court may assign a magistrate administrative duties that are consistent with this chapter. [Pre-2004 Recodification Citation: 33-4-7-6.] As added by P.L.98-2004, SEC.2.

Sec. 8. A magistrate does not have the power of judicial mandate. [Pre-2004 Recodification Citation: 33-4-7-7.] As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.4; P.L.161-2018, SEC.47; P.L.266-2019, SEC.2.

Sec. 8.5. Except as provided in section 8 of this chapter, a magistrate has the same powers as a judge. As added by P.L.162-2020, SEC.3.

Sec. 1. The tax court shall establish a small claims docket for processing: (1) claims for refunds from the department of state revenue that do not exceed five thousand dollars ($5,000) for any year; and (2) appeals of final determinations of assessed value made by the Indiana bo…

Sec. 2. The tax court shall adopt rules and procedures under which cases on the small claims docket are heard and decided. [Pre-2004 Recodification Citation: 33-3-5-12.] As added by P.L.98-2004, SEC.5.

Sec. 1. As used in this chapter, "courts" means courts that conduct jury trials. [Pre-2004 Recodification Citation: 33-4-11-1.] As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.2.

Sec. 10. (a) The supervising judge may authorize use of a computerized jury selection system under this chapter. (b) A system authorized under subsection (a) must provide for the impartial and random selection of prospective jurors. [Pre-2004 Recodification Citation: 33-4-11-10.]…

Sec. 12. (a) Under the supervision of the supervising judge, the jury administrator shall prepare a written plan for the selection of grand and petit jurors in the county. The plan must be designed to achieve the objectives of this chapter. The plan must specify the following: (1…

Sec. 13. (a) The jury administrator shall compile and maintain a master list consisting of lists approved by the supreme court that may be used to select prospective jurors. In compiling the master list, the jury administrator shall make a reasonable effort to avoid duplication o…

Sec. 14. (a) Names must be drawn for the jury pool at least one (1) time each year based on a calendar year commencing in January. Drawing of names for the first jury pool for a calendar year must be held during the last quarter of the calendar year preceding the calendar year fo…

Sec. 16. (a) Not later than seven (7) days after the date of the drawing of names of persons to be notified of jury service from the jury pool, the jury administrator shall provide a juror qualification form to each person who is notified to appear for jury service. The qualifica…

Sec. 17. (a) If a prospective juror fails to appear under the supervising judge's order or fails to show good cause for the failure to appear as directed by the jury administrator, the prospective juror is subject to criminal contempt. (b) A person who knowingly misrepresents a m…

Sec. 18. (a) The supervising judge or the jury administrator shall determine whether a prospective juror is qualified to serve or, if disabled but otherwise qualified, whether the prospective juror could serve with reasonable accommodation. A person who is not eligible for jury s…

Sec. 2. As used in this chapter, "juror qualification form" means the form prescribed for use by the courts and delivered to each prospective juror. [Pre-2004 Recodification Citation: 33-4-11-2.] As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.3.

Sec. 20. The jury administrator shall randomly draw names from the jury pool as needed to establish jury panels for jury selection. Prospective jurors may not be drawn from bystanders or from any source other than the jury pool. [Pre-2004 Recodification Citation: 33-4-11-20.] As …

Sec. 21. (a) Not later than seven (7) days after a moving party discovers or by the exercise of diligence could have discovered grounds, but before a petit jury is sworn to try a case, a party may: (1) in a civil case move to stay the proceedings; and (2) in a criminal case move:…

Sec. 22. After the period of service for which names were drawn from the master jury list has expired, and all persons selected to serve as jurors have been discharged, all records and papers compiled and maintained by the jury administrator or the clerk must be preserved by the …

Sec. 23. (a) A person who appears for service as a petit or grand juror serves until the conclusion of the first trial in which the juror is sworn, regardless of the length of the trial or the manner in which the trial is disposed. A person who appears for service but is not sele…

Sec. 24. A person summoned for jury service who fails to appear or complete jury service as directed is subject to criminal contempt. [Pre-2004 Recodification Citation: 33-4-11-24.] As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.20.

Sec. 24.3. (a) If a person: (1) is summoned to serve as a juror; and (2) notifies the person's employer of the jury summons within a reasonable period: (A) after receiving the jury summons; and (B) before the person appears for jury service; the person's employer may not subject …

Sec. 25. The supreme court may adopt rules, not inconsistent with this chapter, regulating the selection and service of jurors. [Pre-2004 Recodification Citation: 33-4-11-25.] As added by P.L.98-2004, SEC.7.

Sec. 3. As used in this chapter, "jury administrator" means the court administrator, the county clerk, or other clerical personnel appointed by a supervising judge to administer the jury assembly process. [Pre-2004 Recodification Citation: 33-4-11-3.] As added by P.L.98-2004, SEC…

Sec. 3.5. As used in this chapter, "jury pool" means the names or identifying numbers of prospective jurors drawn at random from the master list. As added by P.L.118-2007, SEC.5.

Sec. 5. As used in this chapter, "master list" means a form of record that contains the current lists approved by the supreme court that may be used to select prospective jurors. [Pre-2004 Recodification Citation: 33-4-11-5.] As added by P.L.98-2004, SEC.7. Amended by P.L.80-2006…

Sec. 7. As used in this chapter, "supervising judge" means a judge of the courts designated to supervise the jury assembly process. [Pre-2004 Recodification Citation: 33-4-11-7.] As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.7.

Sec. 9. The jury assembly process must provide a uniform system of jury selection for the courts ensuring that: (1) persons selected for jury service are selected at random from a fair cross-section of the population of the area served by the courts; and (2) qualified citizens ha…

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 …

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…

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 th…

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 r…

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 C…

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 subsectio…

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.

Sec. 1. (a) For issuing a marriage license under IC 31-11-4, the clerk shall collect a fee of fifteen dollars ($15). The clerk shall pay these fees to the treasurer of state, who shall deposit the money in the state user fee fund established by IC 33-37-9-2. (b) For issuing a mar…

Sec. 1. Blackford County constitutes the seventy-first judicial circuit. [Pre-2004 Recodification Citation: 33-4-1-5.] As added by P.L.98-2004, SEC.12.

Sec. 2. (a) There is established a court of record to be known as the Blackford superior court. (b) The Blackford superior court is a standard superior court as described in IC 33-29-1. (c) Blackford County comprises the judicial district of the court. (d) The Blackford superior …

Sec. 3. (a) The Blackford superior court has one (1) judge who shall hold sessions in the Blackford County courthouse in Hartford City or in any other places in the county as the Blackford County executive may provide. (b) The Blackford superior court is abolished on December 31,…

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

Sec. 1. The circuit court judge may transfer cases from one (1) township small claims court to another as necessary. [Pre-2004 Recodification Citation: 33-11.6-7-1.] As added by P.L.98-2004, SEC.13.

Sec. 2. A judge of the circuit or superior court may order a cause filed in the circuit or superior court to be transferred to the small claims court if the: (1) small claims court has jurisdiction of the cause concurrent with the circuit or superior court; and (2) judge consents…

Sec. 3. The judges of the small claims court may sit in place of each other and perform each other's duties: (1) at the direction of or with the approval of the circuit court judge; and (2) with the consent of the respective judges. [Pre-2004 Recodification Citation: 33-11.6-7-3.…