Title 33, COURTS AND COURT OFFICERS

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 …

Sec. 8. Notwithstanding IC 33-37-4-4, the clerk may not collect a separate civil fee for a name change action initiated under IC 31-15-2-18. [Pre-2004 Recodification Citation: 33-19-3-7.] As added by P.L.98-2004, SEC.16.

Sec. 9. Prepayment of fees is not required in proceedings for either of the following: (1) Adoption. (2) The appointment of a guardian. [Pre-2004 Recodification Citation: 33-19-4-1.] As added by P.L.98-2004, SEC.16.

Sec. 1. When a person is appointed as judge of a city or municipal court, a certified copy of the appointment shall be sent by the appointing authority to the clerk of the circuit court of the county in which the city is located. [Pre-2004 Recodification Citation: 33-13-7-1.] As …

Sec. 2. The appointment described in section 1 of this chapter shall be recorded in the order book of the circuit court, and the record authorizes the clerk to certify that the judge is the: (1) appointed; (2) qualified; and (3) acting; judge of the city or municipal court for wh…

Sec. 1. Except as provided in section 2 of this chapter and upon the order of a judge trying a criminal case, the county auditor shall pay to a prosecuting attorney, from funds in the county treasury not otherwise appropriated and as a part of the costs of the trial, an amount eq…

Sec. 2. If a prosecuting attorney incurred expenses described in section 1 of this chapter for a criminal case from another county being heard on a change of venue, the expenses shall be collected from the other county as other costs are collected in the case. [Pre-2004 Recodific…

Sec. 3. The court shall provide a prosecuting attorney an allowance for reasonable expenses after the prosecuting attorney files with the clerk of the court an itemized and verified statement of expenses. [Pre-2004 Recodification Citation: 33-14-4-1.] As added by P.L.98-2004, SEC…

Sec. 1. A supplemental public defender services fund is established in each county. The fund consists of amounts deposited under: (1) section 9 of this chapter; and (2) IC 35-33-8-3.3. [Pre-2004 Recodification Citation: 33-9-11.5-1.] As added by P.L.98-2004, SEC.19. Amended by P.…

services not provided Sec. 10. (a) In a county with a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) in which a county public defender service is not provided, a supplemental public defender services fund must be established…

Sec. 2. The fiscal body of the county shall appropriate money from the fund to supplement and provide court appointed legal services to qualified defendants. [Pre-2004 Recodification Citation: 33-9-11.5-2.] As added by P.L.98-2004, SEC.19.

Sec. 3. The supplemental public defender services fund may be used only to supplement the provision for court appointed legal services and may not be used to replace other funding of court appointed legal services. [Pre-2004 Recodification Citation: 33-9-11.5-3.] As added by P.L.…

Sec. 4. Any money remaining in the fund at the end of the calendar year does not revert to any other fund but continues in the supplemental public defender services fund. [Pre-2004 Recodification Citation: 33-9-11.5-4.] As added by P.L.98-2004, SEC.19.

Sec. 5. A county may not have more than one (1) program providing court appointed legal services in the county, unless the fiscal body of the county agrees to allow additional court appointed legal services programs in the county. [Pre-2004 Recodification Citation: 33-9-11.5-5.] …

Sec. 6. (a) Subject to subsection (e), if at any stage of a prosecution for a felony or a misdemeanor the court makes a finding of ability to pay the costs of representation under section 7 of this chapter, the court shall require payment by the person of the following costs in a…

Sec. 7. (a) If a defendant is receiving publicly paid representation, the court shall consider: (1) the person's independently held assets and assets available to the spouse of the person or the person's parent if the person is unemancipated; (2) the person's income; (3) the pers…

Sec. 8. An order for costs assessed under section 6 of this chapter is a civil judgment subject to the exemptions allowed debtors under IC 34-55-10-2. At any time after entry of the order, the defendant may petition the court that has entered the order for relief from payment. Th…

Sec. 9. Fees assessed under section 6 of this chapter shall be collected by the program providing court appointed legal services in the county. These fees shall be deposited in the supplemental public defender services fund established under section 1 of this chapter. [Pre-2004 R…

Sec. 0.2. The addition of IC 33-15-27 (before its repeal, now codified in this chapter) by P.L.104-1999 applies only to a deposition taken after December 31, 1999. As added by P.L.220-2011, SEC.544.

Sec. 1. This chapter does not apply to contracts for court reporting services for any of the following: (1) A court. (2) An agency or instrumentality of a state or political subdivision. (3) An agency or instrumentality of the government of the United States. [Pre-2004 Recodifica…

Sec. 2. As used in this chapter, "employee" includes the following: (1) A person who provides reporting or other court services under a contractual relationship with a person interested in the outcome of litigation, including anyone that may be ultimately responsible for payment.…

Sec. 3. A deposition to be used in a proceeding in a circuit, superior, probate, county, city, or town court, the court of appeals, or the supreme court must be taken before an individual who: (1) is described in section 4 of this chapter; and (2) does not have a prohibited inter…

Sec. 4. A deposition must be taken before: (1) a hearing officer; (2) a judge, a clerk, a commissioner, or an official reporter of a court; (3) a notary public; or (4) another individual authorized by law to take a deposition. [Pre-2004 Recodification Citation: 33-15-27-4.] As ad…

Sec. 5. (a) Subsection (b)(4) does not apply to a relative or employee of the attorney of one (1) of the parties to a proceeding. (b) A deposition may not be taken by a person who is: (1) a party to the proceeding; (2) a relative, an employee, or an attorney of one (1) of the par…

Sec. 6. A deposition that is not taken in conformity with section 3 of this chapter is void. [Pre-2004 Recodification Citation: 33-15-27-6.] As added by P.L.98-2004, SEC.20.

Sec. 7. A person, when reducing a deposition to writing, shall transcribe a page unit of the deposition in the same form as the form required for a record of proceedings under Indiana Rule of Appellate Procedure 7.2. [Pre-2004 Recodification Citation: 33-15-27-7.] As added by P.L…

Sec. 1. The definitions in this chapter apply throughout this article. [Pre-2004 Recodification Citation: 33-20-3-1.] As added by P.L.98-2004, SEC.23.

Sec. 10. "Qualified funds" means money received by an attorney from a client or beneficial owner in a fiduciary capacity that, in the good faith judgment of the attorney, is: (1) of such an amount; or (2) reasonably expected to be held for such a short term; that sufficient inter…

Sec. 11. "Qualified legal services provider" means a nonprofit organization organized in Indiana and operating exclusively in Indiana that, as its primary purpose and function, provides legal assistance without charge to eligible clients in civil matters only. [Pre-2004 Recodific…

Sec. 2. "Attorney" means an individual in good standing admitted to the practice of law in Indiana. The term includes a professional corporation (as defined in IC 23-1.5-1-10) formed by one (1) or more attorneys. [Pre-2004 Recodification Citation: 33-20-3-2.] As added by P.L.98-2…

Sec. 3. "Board" refers to the Indiana attorney trust account board established by IC 33-44-4-1. [Pre-2004 Recodification Citation: 33-20-3-3.] As added by P.L.98-2004, SEC.23.

Sec. 4. "Depository financial institution" means a bank, a bank or trust company, a credit union, an industrial loan and investment company, a savings bank, or a savings association, whether chartered, incorporated, licensed, or organized under Indiana law or the law of the Unite…

Sec. 5. "Eligible client" means a person: (1) who resides in Indiana; and (2) whose income: (A) satisfies the eligibility standards established by a legal aid program or legal services program existing in Indiana on January 1, 1990, if the program's client eligibility standards p…

Sec. 6. "Fee generating case" means a case or matter that, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably would be expected to result in payment of a fee for legal services from an award to a client from public funds or from the oppos…