CHAPTER 1. JURISDICTION, DUTIES, AND POWERS

IC 33-28
    ARTICLE 28. CIRCUIT COURTS

IC 33-28-1
    Chapter 1. Jurisdiction, Duties, and Powers

IC 33-28-1-1
Place of holding court; name of court
    Sec. 1. The circuit court shall be held in the respective counties attimes as may be fixed by law. The court shall be styled"____________ Circuit Court", according to the name of the countyin which it may be held.
As added by P.L.98-2004, SEC.7.

IC 33-28-1-2
Jurisdiction
    Sec. 2. (a) The circuit court has original jurisdiction in all civilcases and in all criminal cases, except where exclusive jurisdictionis conferred by law upon other courts of the same territorialjurisdiction.
    (b) The circuit court also has the appellate jurisdiction that maybe conferred by law upon it.
As added by P.L.98-2004, SEC.7.

IC 33-28-1-3
Recognizances
    Sec. 3. The judge of a circuit court, within the judge's district,shall take all necessary recognizances to keep the peace, or to answerany criminal charge, or offense, in the court having jurisdiction.
As added by P.L.98-2004, SEC.7.

IC 33-28-1-4
Form of process
    Sec. 4. If there is a process for which a form is not prescribed bylaw, a circuit court shall frame a new writ in conformity with theprinciples of the process.
As added by P.L.98-2004, SEC.7.

IC 33-28-1-5
Process; judgments; sentences; orders and injunctions;commissions for examination of witnesses; oaths; contempt
    Sec. 5. A circuit court may do the following:
        (1) Issue and direct all processes necessary to the regularexecution of the law to the following:
            (A) A court of inferior jurisdiction.
            (B) A corporation.
            (C) An individual.
        (2) Make all proper judgments, sentences, decrees, orders, andinjunctions, issue all processes, and do other acts as may beproper to carry into effect the same, in conformity with Indiana

laws and Constitution of the State of Indiana.
        (3) Administer all necessary oaths.
        (4) Punish, by fine or imprisonment, or both, all contempts ofthe court's authority.
        (5) Proceed in any matter before the court, or in any matter inwhich the proceedings of the court, or the due course of justice,is interrupted.
        (6) Grant commissions for the examination of witnessesaccording to the regulations of law.
As added by P.L.98-2004, SEC.7.

IC 33-28-1-6
Subject matter in two or more counties
    Sec. 6. When the subject matter of a circuit court is situated intwo (2) or more counties, the court that takes cognizance of thematter first shall retain the matter.
As added by P.L.98-2004, SEC.7.

IC 33-28-1-7
Seal of court
    Sec. 7. The circuit court of each county shall have a seal. Adescription of the seal must be signed by the judge devising the seal.The seal must be filed by the clerk and recorded.
As added by P.L.98-2004, SEC.7.

IC 33-28-1-8
Clerk's private seal
    Sec. 8. (a) This section applies to a new county in which a sealhas not been devised for the county's circuit court.
    (b) The clerk of a circuit court located in a county subject to thissection may seal all papers required by law to be sealed with the sealof the circuit court with the clerk's private seal. Papers sealed withthe clerk's seal under this section are considered to have been sealedwith a seal devised by the circuit court.
As added by P.L.98-2004, SEC.7.

IC 33-28-1-9
Failure of judge to attend court
    Sec. 9. A suit, process, matter, or proceeding returnable to orpending in any circuit court may not be discontinued by reason of afailure of the judge to attend on the first or any other day of the term.
As added by P.L.98-2004, SEC.7.

IC 33-28-1-10
Sheriff or coroner absent or incapacitated; appointment of elisor
    Sec. 10. If, at any time both the sheriff and the coroner are unableto attend, or if the sheriff and coroner are both incapacitated fromserving, the board of county commissioners may appoint an elisor toserve during the pendency of the matter in which the sheriff andcoroner are disabled from serving.As added by P.L.98-2004, SEC.7.

IC 33-28-1-11
Oath, bond, and authority of elisor
    Sec. 11. An elisor appointed under section 10 of this chapter shalltake the same oath and give the same bond and surety that arerequired of sheriffs. The elisor has the same authority to perform allthe duties of the sheriff that relate to the service for which the elisoris specially appointed. The elisor is governed by the same rules andsubject to the same penalties and liabilities as the sheriff.
As added by P.L.98-2004, SEC.7.