CHAPTER 79. TIPPECANOE COUNTY
IC 33-33-79
Chapter 79. Tippecanoe County
IC 33-33-79-1
Application
Sec. 1. IC 33-29-1 does not apply to this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-2
Judicial circuit
Sec. 2. Tippecanoe County constitutes the twenty-third judicialcircuit.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-3
Establishment of superior court; election of judge
Sec. 3. (a) There is established a court of record to be known asthe superior court of Tippecanoe County.
(b) The superior court has one (1) judge, who shall hold office forsix (6) years, beginning on the first day of January after the judge'selection, and until the judge's successor is elected and qualified. Thejudge shall be elected every six (6) years at the general election.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-4
Seal
Sec. 4. The judge of the superior court shall cause to be provideda seal for the court. The seal must contain on its face the words"Superior Court of Tippecanoe County". A description andimpression of the seal shall be spread upon the order book of thecourt.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-5
Location of court sessions
Sec. 5. The superior court shall hold its sessions at the TippecanoeCounty courthouse or at any other convenient place as the board ofcounty commissioners or the judge of the court may provide inLafayette.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-6
Jurisdiction
Sec. 6. The superior court has the same original and appellatejurisdiction possessed by the Tippecanoe circuit court in civil andcriminal cases, but not in matters of probate or juvenile jurisdiction.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-7
Process of court Sec. 7. The process of the superior court must have the sealaffixed, and be attested, directed, served, returned, and in the formas is provided for process issuing from the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-8
Court of record; force and effect of judgments and orders
Sec. 8. The superior court is a court of record and of generaljurisdiction, and its judgments, decrees, orders, and proceedings havethe same force and effect as those of the circuit court and shall beenforced in the same manner.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-9
Power of court or judge
Sec. 9. The superior court may:
(1) issue and direct all process to courts of inferior jurisdiction,corporations, and individuals necessary in exercising the court'sjurisdiction and for the regular execution of the law;
(2) make all proper judgments, sentences, decrees, orders, andinjunctions;
(3) issue all process and executions; and
(4) perform other acts necessary to implement this chapter;
in conformity with the Constitution of the State of Indiana andIndiana law.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-10
Power of judge same as circuit court judge
Sec. 10. The judge of the court may grant restraining orders andinjunctions; issue writs of habeas corpus and of mandate andprohibition; appoint receivers, master commissioners, andcommissioners to convey real property; grant commissions for theexamination of witnesses; and appoint other officers necessary tofacilitate and transact the business of said court, conferred on circuitcourts or circuit court judges.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-11
Power and authority of judge
Sec. 11. (a) The judge of the court:
(1) may make and adopt rules and regulations for conductingthe business of the court; and
(2) has the power incident to a court of record in relation to theattendance of witnesses, the punishment of contempts, and theenforcement of its orders.
(b) The judge of the court may:
(1) administer oaths;
(2) solemnize marriages;
(3) take and certify acknowledgments of deeds; and (4) give all necessary certificates for the authentication of therecords and proceedings in the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-12
Adverse or pecuniary interest of judge
Sec. 12. If the judge of the court is interested, or in the progressof the cause becomes interested, in an action or a matter pending inthe court, the action or matter shall be removed for hearing anddetermination to the Tippecanoe circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-13
Affidavit for change of venue
Sec. 13. (a) When an affidavit for a change of venue is filed in thesuperior court for any of the causes described in IC 34-35-1-1(1),IC 34-35-1-1(2), IC 34-35-1-1(6), or IC 34-35-1-1(7), a judge of thecircuit or a superior court shall be called to hear and determine thecause as provided by law for changes of venue in causes pending inthe circuit court.
(b) If the causes are alleged in the affidavit and described inIC 34-35-1-1(3), IC 34-35-1-1(4), and IC 34-35-1-1(5), the change ofvenue shall be granted and the cause directed to the circuit court ofsome other county, as provided in cases of changes of venue from thecircuit court. The court to which the case is sent has jurisdiction tohear and determine the cause and render judgment.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-14
Dockets; books and papers
Sec. 14. The clerk shall, under the direction of the judge, providefor the court, order books, judgment dockets, execution dockets, feebooks, and other books as necessary, and all the books, papers, andproceedings of the court shall be kept distinct and separate fromthose of other courts.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-15
Appeals from superior court
Sec. 15. In a case where, under state law, a person has the right ofappeal from the circuit court to the supreme court, an appeal may behad from the superior court.
As added by P.L.98-2004, SEC.12.