Title 33, COURTS AND COURT OFFICERS

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…

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.

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 co…

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: 3…

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.

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 t…

Sec. 5. (a) As used in this section, "formal written commitment" means: (1) adopting a resolution or ordinance; and (2) entering into an agreement. (b) In the context of this article, a county, city, or town that has made a formal written commitment to convert to or adopt the sta…

Sec. 1. A person is not eligible to hold the office of judge of any probate or superior court unless, in addition to other prerequisites to eligibility provided by Indiana law, the person is admitted to the practice of law in Indiana. [Pre-2004 Recodification Citation: 33-13-9-1.…

Sec. 2. Each judge of each: (1) judicial circuit containing more than one (1) county; and (2) superior court district containing more than one (1) county; shall be paid two thousand dollars ($2,000) per year to reimburse the judge for traveling and other necessary expenses. Two t…

Sec. 3. The term of office of a person: (1) elected judge of the court of appeals or of any circuit, superior, probate, criminal, or juvenile court begins on the first day of January after the person's election; and (2) elected or appointed to any judgeship expires on December 31…

Sec. 2. (a) This section does not apply to a deputy prosecuting attorney appointed by a prosecuting attorney or to a special prosecutor. (b) To be eligible to hold office as a prosecuting attorney, a person must be a resident of the judicial circuit that the person serves. [Pre-2…

Sec. 3. A person elected to the office of prosecuting attorney, before entering upon the duties of the office, shall execute a bond or crime insurance policy in the manner prescribed by IC 5-4-1. [Pre-2004 Recodification Citation: 33-14-1-2.] As added by P.L.98-2004, SEC.18. Amen…

Sec. 4. (a) When a prosecuting attorney receives information of the commission of a felony or misdemeanor, the prosecuting attorney shall cause process to issue from a court having jurisdiction to issue the process to the proper officer, directing the officer to subpoena the pers…

Sec. 5. Except as provided in IC 12-15-23-6(d), the prosecuting attorneys, within their respective jurisdictions, shall: (1) conduct all prosecutions for felonies, misdemeanors, or infractions and all suits on forfeited recognizances; (2) superintend, on behalf of counties or any…

Sec. 8. (a) After June 30, 2005, this section does not apply to a person who: (1) holds a commercial driver's license; and (2) has been charged with an offense involving the operation of a motor vehicle in accordance with the federal Motor Carrier Safety Improvement Act of 1999 (…

Sec. 9. A prosecuting attorney who charges a person with committing any of the following shall inform the person's employer of the charge, unless the prosecuting attorney determines that the person charged does not work with children: (1) Rape (IC 35-42-4-1), if the victim is les…

Sec. 1. (a) The office of state public defender is established. (b) The state public defender shall be appointed by the supreme court, to serve at the pleasure of the court, for a term of four (4) years. (c) The state public defender must be: (1) a resident of Indiana; and (2) a …

Sec. 2. (a) The state public defender shall represent a person who is: (1) confined in a penal facility in Indiana or committed to the department of correction due to a criminal conviction or delinquency adjudication; and (2) financially unable to employ counsel; in a postconvict…

Sec. 3. (a) The state public defender shall be provided with a seal of office on which appear the words "Public Defender, State of Indiana". (b) The state public defender may: (1) take acknowledgments; (2) administer oaths; and (3) do all other acts authorized by law for a notary…

Sec. 4. (a) The state public defender shall be paid an annual salary to be fixed by the supreme court. (b) The state public defender may, with the consent of the supreme court, appoint or employ, at compensation to be fixed by the supreme court, the deputies, stenographers, or ot…

Sec. 5. The state public defender may order on behalf of a prisoner the public defender represents a transcript of any court proceeding, including evidence presented, had against the prisoner, and depositions, if necessary, at the expense of the state. However, the public defende…

Sec. 6. All claims for salary or other expenses authorized by this chapter shall be allowed and approved by the supreme court. There is appropriated annually out of funds of the state not otherwise appropriated a sufficient amount to pay salaries and expenses authorized by this c…

Sec. 1. (a) To facilitate and expedite the trial of causes, the judge of each circuit, superior, probate, and juvenile court of each county shall appoint an official reporter. (b) The official reporter shall, when required by the recorder's appointing judge, do the following: (1)…

Sec. 2. (a) A person may not be considered ineligible to serve as official reporter because of the person's gender. (b) A judge may not appoint the judge's son or daughter as an official reporter. [Pre-2004 Recodification Citation: 33-15-23-2.] As added by P.L.98-2004, SEC.20.…

Sec. 3. At the time of appointment, an official reporter shall take an oath before an officer empowered to administer oaths to faithfully perform his or her duties as an official reporter. [Pre-2004 Recodification Citation: 33-15-23-3.] As added by P.L.98-2004, SEC.20.

Sec. 4. An official reporter may, at any time, be removed by the judge of the court for which the reporter was appointed. In case of a vacancy in the office of official reporter, the judge of the court in which the vacancy occurs shall fill the vacancy as soon after its occurrenc…

Sec. 5. (a) If requested to do so, an official reporter shall furnish to either party in a cause a transcript of all or any part of the proceedings required by the reporter to be taken or noted, including all documentary evidence. (b) An official reporter shall furnish a typewrit…

Sec. 6. (a) Every official circuit, superior, criminal, probate, and juvenile court reporter appointed under section 1 of this chapter may do the following: (1) Take and certify all acknowledgments of deeds, mortgages, or other instruments of writing required or authorized by law…

Sec. 7. (a) This section applies to the small claims court established under IC 33-34. (b) The person who is designated by a judge of the court to prepare transcripts may collect a fee of not more than five dollars ($5) for each transcript from a person who requests the preparati…

Sec. 1. (a) A person, before proceeding to discharge the duties of an attorney, shall take an oath to: (1) support the Constitution of the United States and the Constitution of the State of Indiana; and (2) faithfully and honestly discharge the duties of an attorney at law. (b) T…

Sec. 10. If an attorney has been ordered to deliver money or papers under section 9 of this chapter, on a motion or in an action brought by the aggrieved party, the court may take any of the following actions: (1) Suspend the attorney from practice in any of the courts of Indiana…

Sec. 3. An attorney shall do the following: (1) Support the Constitution and laws of the United States and of Indiana. (2) Maintain the respect that is due to the courts of justice and judicial officers. (3) Only counsel or maintain actions, proceedings, or defenses that appear t…

Sec. 4. Until superseded by another attorney or discharged, an attorney may do the following: (1) Bind the attorney's client in an action or a special proceeding, by the attorney's agreement that is either filed with the clerk or entered upon the minutes of the court. (2) Receive…

Sec. 5. Unless the written authority of a party is first produced and its execution is satisfactorily proved to the court, a judgment may not be rendered against any party: (1) upon the agreement of an attorney; or (2) by default; when the party has not been notified or personall…

Sec. 6. The court or judge may: (1) on motion of either party that shows reasonable grounds; or (2) without a motion; require an attorney to produce and prove the authority under which the attorney appears. The court may stay all proceedings by the attorney on behalf of the party…

Sec. 7. If a party alleges that an attorney appears on behalf of the party without the party's authority the court may, at any stage of the proceedings, relieve the party from the consequences of the attorney's act. The court may also, summarily or upon motion, compel the attorne…

Sec. 8. (a) An attorney who is guilty of deceit or collusion, or consents to deceit or collusion, with intent to deceive a court, judge, or party to an action or judicial proceeding commits a Class B misdemeanor. (b) A person who is injured by a violation of subsection (a) may br…

Sec. 9. If, on request, an attorney refuses to deliver over money or papers to a person from whom or for whom the attorney has received them, in the course of the attorney's professional employment, the attorney may be required, after reasonable notice, on motion of any party agg…

Sec. 1. The general assembly finds that: (1) due to insufficient funding, existing programs providing free legal services in civil matters to indigent persons do not adequately meet the needs of indigent persons; (2) the use of funds collected under this article for these purpose…

Sec. 2. It is the purpose of this article to expand the availability and improve the quality of existing free legal services in civil matters to indigent persons and to initiate new programs that will provide services to them. [Pre-2004 Recodification Citation: 33-20-1-2.] As add…

Sec. 1. The term of court for all courts is the calendar year and the judges of a court may act in all matters and proceedings through the entire calendar year. [Pre-2004 Recodification Citation: 33-1-6-1.] As added by P.L.98-2004, SEC.2.

Sec. 2. If, at the expiration of the time fixed by law for the continuance of the term of a court, the trial of a case is progressing, the court may: (1) continue sitting beyond the time; (2) require the attendance of the jury and witnesses; and (3) do, transact, and enforce all …

Sec. 3. If a judicial circuit consists of two (2) or more courts, the judge of the circuit shall divide the judge's time and the attendance in each court as the business of the courts requires. [Pre-2004 Recodification Citation: 33-1-6-2.] As added by P.L.98-2004, SEC.2.

Sec. 4. All courts retain power and control over their judgments for ninety (90) days after rendering the judgments in the same manner and under the same conditions as they retained power and control during the term of court in which the judgments were rendered. [Pre-2004 Recodif…

Sec. 5. If in any statute, rule, or order, a period is described or fixed by a term of court, a period of sixty (60) days for the purposes of time limitation only shall be substituted for the term of court. [Pre-2004 Recodification Citation: 33-1-6-4.] As added by P.L.98-2004, SE…

Sec. 6. In setting for trial a case at issue and in discharging rules upon which time has run, a judge shall: (1) fix regular periods for setting cases not exceeding one hundred twenty (120) days between the periods; or (2) set each case by a docket sheet entry, on a day certain,…