Title 33, COURTS AND COURT OFFICERS

Sec. 1.5. All standard superior courts have: (1) original and concurrent jurisdiction in all civil cases and in all criminal cases; (2) original and concurrent jurisdiction with the circuit courts in all user fee cases; (3) de novo appellate jurisdiction of appeals from city and …

Sec. 10. (a) The judge of the circuit court of the county in which the standard superior court is located may, with the consent of the judge of the standard superior court, sit as a judge of the standard superior court in any matter as if the circuit court judge were an elected j…

Sec. 2. A standard superior court may have a seal containing the words "________ (insert name of county in which the court is located) Superior Court ______ (insert court number for multiple courts), _______ (insert name of county) County, Indiana". [Pre-2004 Recodification Citat…

Sec. 3. (a) A standard superior court judge is elected at the general election every six (6) years in the county in which the court is located. The judge's term begins January 1 following the election and ends December 31 following the election of the judge's successor. (b) To be…

Sec. 4. The judge of a standard superior court: (1) has the same powers relating to the conduct of business of the court as the judge of the circuit court of the county in which the standard superior court is located; and (2) may administer oaths, solemnize marriages, and take an…

Sec. 5. (a) The judge of a standard superior court shall appoint a bailiff and an official court reporter for the court. (b) The salaries of the bailiff and the official court reporter shall be: (1) fixed in the same manner as the salaries of the bailiff and the official court re…

Sec. 6. The clerk of a standard superior court, under the direction of the judge of the court, shall provide: (1) order books and fee books; (2) judgment dockets and execution dockets; and (3) other books for the court; that must be kept separately from the books and papers of ot…

Sec. 7. (a) The county executive for the county in which the standard superior court is located shall provide and maintain: (1) a suitable courtroom; (2) furniture and equipment; and (3) other rooms and facilities; necessary for the operation of the court. (b) The county fiscal b…

Sec. 8. (a) A jury in the standard superior court shall be selected as provided in IC 33-28-5. (b) A grand jury selected for the circuit court of the county in which the standard superior court is located shall serve as the grand jury for the standard superior court. [Pre-2004 Re…

Sec. 9. (a) The judge of the circuit court of the county in which the standard superior court is located may, with the consent of the judge of the standard superior court, transfer any action or proceeding from the circuit court to the standard superior court. (b) The judge of a …

Sec. 1. There is established a probate court in St. Joseph County known as the St. Joseph Probate Court. The court shall be presided over by one (1) judge to be chosen as provided in this chapter. [Pre-2004 Recodification Citation: 33-8-2-1.] As added by P.L.98-2004, SEC.10.

Sec. 11. A judge of the probate court may act as judge of any circuit court or superior court upon the trial of any cause or proceeding, when: (1) the judge of the circuit or superior court may be incompetent to try the cause; or (2) a change of venue is granted for objection to …

Sec. 12. (a) If the judge of the probate court is unable to attend and preside at any term of the court, or during any part of a term, the judge may appoint, in writing, an attorney eligible to the office of the judge, at the term or part of the term. (b) A written appointment sh…

Sec. 13. (a) When a person is appointed judge pro tem under this chapter, the appointee is entitled to ten dollars ($10) for each day the appointee serves as the judge to be paid: (1) out of the county treasury of the county where the probate court is held; (2) upon the warrant o…

Sec. 14. The process of the court must: (1) have the seal affixed; (2) be attested, directed, served, and returned; and (3) be in form as is or may be provided for process issuing from the circuit court. [Pre-2004 Recodification Citation: 33-8-2-15.] As added by P.L.98-2004, SEC.…

Sec. 15. (a) The probate court is a court of record and of general jurisdiction. (b) The court's judgments, decrees, orders, and proceedings: (1) have the same force and effect as those of the circuit court; and (2) shall be enforced in the same manner. [Pre-2004 Recodification C…

Sec. 16. (a) The judge of the court: (1) may make and adopt rules and regulations for conducting the business of the court, not repugnant to Indiana law; and (2) has all the power incident to a court of record and of general original jurisdiction, in relation to the attendance of…

Sec. 17. Under the direction of the judge, the clerk shall provide for court order books, judgment dockets, execution dockets, fee books, and other books, records, and supplies as may be necessary. All books, papers, and proceedings of the court shall be kept distinct and separat…

Sec. 18. The judge of the court has the same power as the judge of the circuit court of the county to: (1) grant restraining orders and injunctions; (2) issue writs of habeas corpus, and of mandate and prohibition; and (3) appoint receivers, master commissioners for the examinati…

Sec. 19. A party may appeal to the supreme court or the court of appeals from the order or judgment of the probate court in any case in which an appeal may be had from an order or judgment of the circuit court. The appeal shall be regulated by the law regulating appeals from the …

Sec. 2. The court: (1) is a court of record; and (2) shall have a seal and device, as the judge may choose, with the name of the county on its face. A description and impression of the seal and device shall be spread on the order book of the court. [Pre-2004 Recodification Citati…

Sec. 20. (a) The same docket fees shall be taxed in the court as are provided by law to be taxed in the circuit court. (b) The fees, when collected, shall be paid by the clerk to the treasurer of the county to be applied in reimbursing the county for expenses of the court. [Pre-2…

Sec. 21. (a) The salary of the judge of the probate court shall be the same as that of the judge of the circuit court of the county. The salary of the judge and the compensation of a judge pro tempore shall be paid in the same manner and from the same sources as the judge of the …

Sec. 22. The probate court may appoint a chief clerk and other employees as the judge considers necessary whose salaries shall be fixed by the judge and be paid out of the county treasury. [Pre-2004 Recodification Citation: 33-8-2-23.] As added by P.L.98-2004, SEC.10.

Sec. 24. The judge of the St. Joseph probate court may appoint three (3) full-time magistrates under IC 33-23-5. The magistrates continue in office until removed by the judge. [Pre-2004 Recodification Citation: 33-8-2-25.] As added by P.L.98-2004, SEC.10. Amended by P.L.127-2008,…

Sec. 3. (a) The court consists of one (1) judge, to be elected by the legal voters of the county for a term of six (6) years: (1) beginning on the first day of January following the election of the judge; and (2) continuing until the successor of the judge is elected and qualifie…

Sec. 4. The clerk of the circuit court and the sheriff of the county where the court is organized shall be the clerk and sheriff of the probate court. The clerk and the sheriff are each entitled to fees for their services as are allowed in the circuit court for similar services. …

Sec. 5. (a) The sheriff shall attend the court. The clerk and the sheriff shall discharge all the duties pertaining to their respective offices required by law in the circuit court. (b) All laws: (1) prescribing the duties and liability of the officers; (2) prescribing the mode o…

Sec. 6. The probate court shall hold sessions at the courthouse of the county, or at any other convenient place as the court designates in the county. The county commissioners shall provide suitable quarters for the sessions. [Pre-2004 Recodification Citation: 33-8-2-6.] As added…

Sec. 7. The judge of the court may adjourn the same on any day previous to the expiration of the time for which it may be held, and also from any one (1) day in the term over to any other day in the same term, if in the opinion of the judge, the business of the court will allow. …

Sec. 8. When a trial is begun and in progress at the time when by law, the term of the court would expire, the term shall be extended until the close of the trial. [Pre-2004 Recodification Citation: 33-8-2-8.] As added by P.L.98-2004, SEC.10.

Sec. 9. All probate courts have: (1) original and concurrent jurisdiction in all civil cases and in all criminal cases; (2) de novo appellate jurisdiction of appeals from city and town courts; and (3) in Marion County, de novo appellate jurisdiction of appeals from township small…

Sec. 1. As used in this article, "clerk" means a clerk of the circuit court elected and qualified under Article 6, Sections 2 and 4 of the Constitution of the State of Indiana. [Pre-2004 Recodification Citation: 33-17-1-1.] As added by P.L.98-2004, SEC.11.

Sec. 1. Adams County constitutes the twenty-sixth judicial circuit. [Pre-2004 Recodification Citation: 33-4-1-1.] As added by P.L.98-2004, SEC.12.

Sec. 2. (a) There is established a court of record to be known as the Adams superior court. (b) The Adams superior court is a standard superior court as described in IC 33-29-1. (c) Adams County comprises the judicial district of the court. [Pre-2004 Recodification Citation: 33-5…

Sec. 3. The Adams superior court has one (1) judge who shall hold sessions in the Adams County courthouse in Decatur, or in other places in the county as the board of county commissioners of Adams County may provide. [Pre-2004 Recodification Citation: 33-5-4.5-7.] As added by P.L…

Sec. 1. As used in this article, "judge" means the judge of a small claims court established under this chapter unless otherwise indicated. [Pre-2004 Recodification Citation: 33-11.6-1-2.] As added by P.L.98-2004, SEC.13.

Sec. 2. (a) There are established township small claims courts in each county containing a consolidated city. (b) The name of each court shall be the "__________ Township of Marion County Small Claims Court" (insert the name of the township in the blank). [Pre-2004 Recodification…

Sec. 3. (a) This subsection applies before July 1, 2018. The small claims court is not a court of record. A person who wishes to appeal the judgment of a small claims court entered before July 1, 2018, shall appeal the case to the circuit or superior court under IC 33-34-3-15. (b…

Sec. 4. The small claims court shall meet in continuous session. [Pre-2004 Recodification Citation: 33-11.6-1-6.] As added by P.L.98-2004, SEC.13.

Sec. 5. The judge of the circuit court shall extend aid and assistance to the judges in the conduct of the township small claims courts. [Pre-2004 Recodification Citation: 33-11.6-1-7.] As added by P.L.98-2004, SEC.13.

Sec. 6. (a) A small claims court that was a full-time small claims court on January 1, 2015, remains a full-time court. (b) Every small claims court must be a full-time court. [Pre-2004 Recodification Citation: 33-11.6-2-2.] As added by P.L.98-2004, SEC.13. Amended by P.L.65-2004…

Sec. 7. A hearing must be conducted to obtain evidence, opinions, advice, and suggestions from public officials and the general public concerning: (1) whether a small claims court should be established or abolished in the township, if the township has a population of less than fi…

Sec. 8. The township trustee shall give ten (10) days notice of all hearings held under section 7 of this chapter in one (1) or more newspapers of general circulation in the county. [Pre-2004 Recodification Citation: 33-11.6-2-4.] As added by P.L.98-2004, SEC.13.

Sec. 9. Not more than two (2) weeks after a hearing is conducted under section 7 of this chapter, the township board shall, after considering the evidence, opinions, advice, and suggestions presented at the hearing, enter an order concerning: (1) whether a small claims court shal…

Sec. 1. (a) During 2026, 2030, 2034, 2038, 2042, and every fourth year after that, a second or third class city or a town may by ordinance establish or abolish a city or town court. An ordinance to establish a city or town court must be adopted not less than one (1) year before t…