Title 33, COURTS AND COURT OFFICERS

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…

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: 33-4-3-9.] As added by P.L.…

Sec. 7. (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…

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 …

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: 33-4-3-12.] As added by P.L.98-2004, SEC.7. Amended by P.L.161-2018, SEC.72.

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.98-2…

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 …

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.

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…

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 tria…

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 …

Sec. 1. (a) The clerk shall endorse the time of filing on each writing required to be filed in the office of the clerk. (b) The clerk shall carefully preserve in the office of the clerk all records and writings pertaining to the clerk's official duties. (c) The clerk shall procur…

Sec. 2. (a) The clerk: (1) shall keep: (A) a circuit court judgment docket; and (B) a judgment docket for each court served by the clerk under IC 33-32-2-1; and (2) is the official keeper of: (A) the circuit court judgment docket; and (B) the judgment docket for each court served…

Sec. 3. The circuit court judgment docket is a public record that is open during the usual hours of transacting business for examination by any person. [Pre-2004 Recodification Citation: 33-17-2-4.] As added by P.L.98-2004, SEC.11.

Sec. 4. A clerk shall: (1) enter a judgment or recognizance not more than fifteen (15) days after its rendition; or (2) cause a release of judgment to be entered on the judgment docket not more than fifteen (15) days after satisfaction of the judgment. [Pre-2004 Recodification Ci…

Sec. 5. (a) The clerk shall keep an execution docket. (b) The clerk shall enter all executions on the execution docket as they are issued by the clerk, specifying in proper columns the following information: (1) The names of the parties. (2) The amount of the judgment and the int…

Sec. 6. (a) Before the twenty-fifth day of each month, the clerk shall prepare a report showing as of the close of business on the last day of the preceding month the following information: (1) The balance, if any, of fees payable to the county. (2) Fees collected for fish and ga…

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.