CHAPTER 87. WARRICK COUNTY
IC 33-33-87
Chapter 87. Warrick County
IC 33-33-87-1
Application
Sec. 1. IC 33-29-1 does not apply to this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-2
Judicial circuit
Sec. 2. Warrick County constitutes the second judicial circuit.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-3
Establishment of superior court
Sec. 3. There are established two (2) courts of record to be knownas "Warrick superior court No. 1" and "Warrick superior court No.2".
As added by P.L.98-2004, SEC.12.
IC 33-33-87-4
Seal
Sec. 4. Each superior court shall have a seal consisting of acircular disk containing the words "Warrick Superior Court No. 1"or "Warrick Superior Court No. 2" and a design as each court maydetermine.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-5
Force and effect of superior court actions
Sec. 5. Each superior court's judgments, decrees, orders, andproceedings have the same force and effect and shall be enforced inthe same manner as those of the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-6
Jurisdiction
Sec. 6. Each superior court has the same jurisdiction as theWarrick circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-7
Transfer of actions and proceedings
Sec. 7. (a) The judge of the circuit court may, with the consent ofa superior court, transfer any action, cause, or proceeding filed anddocketed in the circuit court to the superior court by transferring alloriginal papers and instruments filed in the action, cause, orproceeding, without further transcript, to be redocketed and disposedof as if originally filed with the court.
(b) The judge of a superior court may, with the consent of the
judge of the circuit court, transfer any action, cause, or proceedingfiled and docketed in the court to the circuit court by transferring alloriginal papers and instruments filed in the action, cause, orproceeding, without further transcript, to be redocketed and disposedof as if originally filed with the circuit court.
(c) The judge of a superior court may, with the consent of thejudge of the other superior court, transfer any action, cause, orproceeding filed and docketed in the court to the other court to beredocketed and disposed of as if originally filed with the other court.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-8
Sitting of judges
Sec. 8. (a) The judge of the Warrick circuit court may, with asuperior court's permission, sit and act as a judge of the superiorcourt in all matters before the court, without limitation and withoutany further order in the same manner and with all the rights andpowers as if the judge were an elected judge of the superior court.
(b) The judge of the Warrick superior court No. 1 or Warricksuperior court No. 2 may, with the circuit court's permission, sit andto act as a judge of the circuit court in all matters pending before thecircuit court, without limitation and without any further order in thesame manner and with all the rights and powers as if the judge werethe elected judge of the circuit court.
(c) The judge of a superior court may, with the consent of thejudge of the other superior court, sit as a judge of the other court inany manner as if elected as the judge of the other court.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-9
Powers of judges
Sec. 9. (a) The Warrick superior court No. 1 or Warrick superiorcourt No. 2 may make rules for conducting the business of the court.
(b) The Warrick superior court No. 1 or the Warrick superiorcourt No. 2 may issue warrants and issue and direct all processes thatare necessary in exercising the jurisdiction conferred under thischapter. The Warrick superior court No. 1 or Warrick superior courtNo. 2 may make all proper judgments, sentences, decrees, and orders,issue all process, and do all acts necessary or proper to carry thejurisdiction conferred under this chapter into effect.
(c) The Warrick superior court No. 1 or the Warrick superiorcourt No. 2 has the same power as the circuit court or a judge of thecircuit court in relation to the attendance of witnesses, thepunishment of contempts, and the enforcing of a court's orders. TheWarrick superior court No. 1 or Warrick superior court No. 2 mayadminister oaths and give all necessary certificates for theauthentication of the records and proceedings of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-10 Judges; term
Sec. 10. There shall be one (1) judge of the Warrick superior courtNo. 1 and one (1) judge of the Warrick superior court No. 2 whoshall hold office for six (6) years, beginning on the first day ofJanuary after a judge's election and until the judge's successor iselected and qualified.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-11
Judges; discipline
Sec. 11. The judge of the Warrick superior court No. 1 and theWarrick superior court No. 2 shall be subject to all disciplinary rulespromulgated by the supreme court.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-12
Election
Sec. 12. The voters of Warrick County shall elect every six (6)years a judge for the Warrick superior court No. 1 and a judge for theWarrick superior court No. 2 at the general election.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-13
Qualifications
Sec. 13. To be eligible to hold office as a superior court judge, aperson must:
(1) be a resident of Warrick County;
(2) be less than seventy (70) years of age at the time of takingoffice; and
(3) be admitted to the practice of law in Indiana.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-14
Vacancy
Sec. 14. Any vacancy occurring in the office of the judge of thesuperior court shall be filled by appointment by the governor in thesame manner as are vacancies in the office of the judge of the circuitcourt.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-15
Small claims and misdemeanor division
Sec. 15. Warrick superior court No. 1 has a standard small claimsand misdemeanor division. Warrick superior court No. 2 has astandard small claims and misdemeanor division.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-16
Practice and procedure
Sec. 16. (a) All laws and rules adopted by the supreme court
enacted governing the circuit court in matters of pleading, practice,the issuing and service of process, the giving of notice, theappointing of judges pro tempore and special judges, changes ofvenue from the judge and from the county, adjournments by the courtand by the clerk in the absence of the judge, and the selection ofjurors for the court are applicable to and govern the superior courts.
(b) Notwithstanding subsection (a), in cases on the civil smallclaims docket, the following exceptions to the laws and rulesdescribed in subsection (a) apply:
(1) A defendant is considered to have complied with the statuteand rule requiring the filing of an answer upon entering thedefendant's appearance personally or by attorney. Anappearance is considered a general denial and preserves alldefenses and compulsory counterclaims that may then bepresented at the trial of the cause.
(2) If at the trial of the cause the court determines that thecomplaint is so vague and ambiguous that the defendant wasunable to determine the nature of plaintiff's claim or that theplaintiff is surprised by a defense or compulsory counterclaimraised by the defendant that the plaintiff could not reasonablyhave anticipated, the court shall grant a continuance.
(3) The trial must be informal, with the sole objective ofdispensing speedy justice between the parties according to therules of substantive law, and may not be bound by the statutoryprovisions or rules of practice, procedure, pleadings, orevidence except provisions relating to privilegedcommunications and offers of compromise.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-17
Trial by jury
Sec. 17. Whenever a trial by jury is demanded, a judge of thesuperior court may call a jury from the list provided to the court,although the filing of a small claim shall be considered a waiver oftrial by jury by the plaintiff. The defendant may, not later than ten(10) days after being served, make demand for a trial by jury byaffidavit stating that there are questions of fact requiring a trial byjury, specifying them, and stating that the demand is intended ingood faith. The court shall then cause the claim to be transferred tothe regular docket and the defendant shall pay the filing fee chargedfor filing civil actions in circuit court. Upon transfer a claim loses itsstatus as a small claim and is subject to all ordinary rules andprocedure.
As added by P.L.98-2004, SEC.12. Amended by P.L.118-2007,SEC.24.
IC 33-33-87-18
Satisfaction of judgment
Sec. 18. When the judgment or order in the small claims divisionof the superior court is against the defendant, the defendant shall pay
the judgment or order immediately or at any time and upon suchterms and conditions as the judge prescribes. If the judge orders thatthe judgment shall be paid in specified installments, the judge maystay the issuance of execution and other supplementary processduring compliance with the order. The stay may be modified orvacated by the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-19
Judgments; lien on real estate
Sec. 19. All judgments rendered in the small claims division of asuperior court shall be properly recorded in the judgment docketbook of the court. The judgments are liens on real estate in the samemanner as judgments in a court of general jurisdiction become lienson real estate under IC 34-55-9.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-20
Appeals
Sec. 20. An appeal of a judgment from a standard small claimsand misdemeanor division of a superior court shall be taken in thesame manner and under the same rules and statutes and with thesame assessment of costs as cases appealed from the circuit courts.The appeal in a small claims case must be commenced and perfectedwithin thirty (30) days after the entry of judgment or the right toappeal is waived.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-21
Bailiff; court reporter; additional personnel
Sec. 21. Each superior court shall appoint a bailiff, a courtreporter, and the additional personnel necessary to carry out thebusiness of the court. The duties, salaries, and terms of the bailiff andrecorder shall be regulated in the same manner as provided for thecircuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-87-22
Location of court sessions
Sec. 22. (a) Warrick superior court No. 1 and Warrick superiorcourt No. 2 shall hold sessions in:
(1) the Warrick County courthouse in Boonville; or
(2) any other place in Warrick County as the board of countycommissioners may provide.
(b) The board of county commissioners of Warrick County shall:
(1) provide and maintain a suitable and convenient courtroomfor the holding of a superior court, suitable and convenient juryrooms, offices for the judges and official court reporters, andother facilities as may be necessary; and
(2) provide all the necessary furniture and equipment for the
rooms and offices of a court.
(c) The county council shall appropriate sufficient funds for therooms, facilities, furniture, and equipment.
As added by P.L.98-2004, SEC.12.