CHAPTER 5. TERMS AND POWERS OF SUPERIOR COURTS
IC 33-29-5
Chapter 5. Terms and Powers of Superior Courts
IC 33-29-5-1
Application
Sec. 1. (a) Except as provided in subsection (b), terms and powersdescribed in this chapter apply to superior courts except as otherwiseprovided in the particular statute creating the superior court for aparticular county.
(b) Section 7 of this chapter applies to all superior courts.
As added by P.L.98-2004, SEC.8.
IC 33-29-5-2
Terms of court
Sec. 2. (a) If a superior court consists of more than one (1) judge,the court shall hold general and special terms.
(b) A general term of the superior court may be held by a majorityof the judges and a special term by any one (1) or more of the judges.General and special terms may be held at the same time, as thejudges of the court may direct. If a general or special term is held, theterms shall be taken and considered to have been held by theauthority and direction of the judges.
As added by P.L.98-2004, SEC.8.
IC 33-29-5-3
General powers
Sec. 3. (a) The superior court, at general or special term, may dothe following:
(1) Issue and direct all process to courts of inferior jurisdiction,and to corporations and individuals, which shall be necessary inexercising its jurisdiction, and for the regular execution of thelaw.
(2) Make all proper judgments, sentences, decrees, orders, andinjunctions.
(3) Issue all process and executions.
(4) Do other acts necessary to carry into effect subdivisions (1)through (3) in conformity with the Constitution of the State ofIndiana and laws of Indiana.
(b) The court shall, at times as the business of the court mayrequire, meet in general term, and may, at any time, make adistribution and redistribution of the business of the court to specialterm, as it considers proper.
(c) Each judge holding court at special term shall transact thebusiness assigned to the judge. However, the judge may call one (1)or more of the other judges of the court to sit with the judge inspecial term to consider any matter pending before the judge.
(d) The court, at special term, may hear and dispose of businessdistributed to it by the general term. The court may, at special orgeneral term:
(1) vacate or modify its own judgments or orders, rendered at
either special or general term; and
(2) enter judgments by confession, as is vested by law in circuitcourts.
As added by P.L.98-2004, SEC.8.
IC 33-29-5-4
Special powers
Sec. 4. The judges of the superior court, individually orcollectively, may do the following:
(1) Grant restraining orders and injunctions.
(2) Issue writs of habeas corpus, and of mandate andprohibition.
(3) Appoint receivers, master commissioners, andcommissioners to convey real property.
(4) Grant commissions for the examination of witnesses.
(5) Appoint other officers necessary to facilitate and transactthe business of the court as is conferred on judges of circuitcourts.
As added by P.L.98-2004, SEC.8.
IC 33-29-5-5
Change of venue; transfers to circuit court
Sec. 5. When any reason for a change of venue is shown to existfrom any of the judges, the remaining judge or judges alone shall act.However, when all the judges are incompetent to act, the case shallbe transferred to the circuit court of the county.
As added by P.L.98-2004, SEC.8.
IC 33-29-5-6
Direct appeals to supreme court or court of appeals
Sec. 6. (a) In all cases where a person has the right of appeal fromthe circuit to the supreme court or court of appeals, an appeal may betaken directly to the supreme court or court of appeals from anyorder or judgment of the superior court.
(b) Appeals described in subsection (a) are governed by the lawregulating appeals from the circuit court to the supreme court orcourt of appeals.
(c) Appeals from the special to the general term are abolished.
As added by P.L.98-2004, SEC.8.
IC 33-29-5-7
Superior court judges; eligibility
Sec. 7. To be eligible to hold office as a judge of a superior court,a person must be a resident of the judicial circuit that the judgeserves.
As added by P.L.98-2004, SEC.8.