CHAPTER 3. SMALL CLAIMS REFEREES
IC 33-29-3
Chapter 3. Small Claims Referees
IC 33-29-3-1
Application
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.
As added by P.L.98-2004, SEC.8.
IC 33-29-3-2
Times of service; qualifications
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 court.
As added by P.L.98-2004, SEC.8.
IC 33-29-3-3
Appointment; practice of law
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.
As added by P.L.98-2004, SEC.8.
IC 33-29-3-4
Powers
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 the court.
As added by P.L.98-2004, SEC.8.
IC 33-29-3-5
Duties
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 trial, submit a written
disposition report to the judge of the court.
As added by P.L.98-2004, SEC.8.
IC 33-29-3-6
Limiting power of court
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.
As added by P.L.98-2004, SEC.8.