CHAPTER 5. TRANSFER OF CASES, ABSENT JUDGE, AND SPECIAL JUDGE
IC 33-34-5
Chapter 5. Transfer of Cases, Absent Judge, and Special Judge
IC 33-34-5-1
Transfer to other township small claims court
Sec. 1. The circuit court judge may transfer cases from one (1)township small claims court to another as necessary.
As added by P.L.98-2004, SEC.13.
IC 33-34-5-2
Transfer of cases from another court
Sec. 2. A judge of the circuit or superior court may order a causefiled in the circuit or superior court to be transferred to the smallclaims court if the:
(1) small claims court has jurisdiction of the cause concurrentwith the circuit or superior court; and
(2) judge consents to the transfer.
As added by P.L.98-2004, SEC.13.
IC 33-34-5-3
Interchange of judges
Sec. 3. The judges of the small claims court may sit in place ofeach other and perform each other's duties:
(1) at the direction of or with the approval of the circuit courtjudge; and
(2) with the consent of the respective judges.
As added by P.L.98-2004, SEC.13.
IC 33-34-5-4
Judge unable to preside; appointment
Sec. 4. (a) If a judge is unable to preside over the judge's smallclaims court during any number of days, the judge may appoint inwriting a person qualified to be a small claims judge underIC 33-34-2-2 to preside in place of the judge.
(b) The written appointment shall be entered on the order book orrecord of the circuit court. The appointee shall, after taking the oathprescribed for the judges, conduct the business of the small claimscourt subject to the same rules and regulations as judges and has thesame authority during the continuance of the appointee'sappointment.
(c) The appointee is entitled to the same compensation from thetownship trustee as accruable to the small claims judge in whoseplace the appointee is serving.
As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006,SEC.5.
IC 33-34-5-5
Judge's absence
Sec. 5. (a) A judge absent from the bench for more than thirty (30)days shall deposit the dockets, books, and papers of the office with
the:
(1) small claims judge of another township; or
(2) circuit court;
as directed by the circuit court judge.
(b) A:
(1) judge with whom the docket of another judge is depositedduring a vacancy or an absence; and
(2) successor of any judge who has the dockets of thesuccessor's predecessor in the successor's possession;
may perform all duties that the judge might do legally in relation tothe judge's own dockets.
(c) Process shall be returned to the judge who has the legalcustody of the docket at the day of return.
As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006,SEC.6.
IC 33-34-5-6
Special judge
Sec. 6. (a) Only another judge may serve as a special judge in thesmall claims court.
(b) Except for mileage and travel expense, a judge serving as aspecial judge under this section may not receive compensation inaddition to the salary provided under this article.
As added by P.L.98-2004, SEC.13.