CHAPTER 5. RECORDS; PROCEDURES; PRACTICES
IC 33-35-5
Chapter 5. Records; Procedures; Practices
IC 33-35-5-1
City court; governing laws and rules
Sec. 1. City courts are governed by the laws and rules governingthe practice, pleading, and processes in circuit courts.
As added by P.L.98-2004, SEC.14.
IC 33-35-5-2
City or town court; change of venue
Sec. 2. A change of venue may not be taken from a city or towncourt. However, a defendant may take a change of venue from thejudge of the court, with a special judge appointed as provided for thecircuit court.
As added by P.L.98-2004, SEC.14.
IC 33-35-5-3
City court; warrants or other processes
Sec. 3. All warrants or other processes issued by the city courtmust be:
(1) directed to the chief of police of the city or any personspecially deputized by the city court; and
(2) executed, served, and returned by the chief, by any policeofficer of the city, or by the specially deputized person.
The members of the police force of the city shall cause all personsarrested by the police force for a violation of any law to be takenbefore the city court for trial or examination.
As added by P.L.98-2004, SEC.14.
IC 33-35-5-4
Certain city courts; books of records in civil cases
Sec. 4. (a) City courts of the three (3) cities having the largestpopulations in counties having a population of more than fourhundred thousand (400,000) but less than seven hundred thousand(700,000) shall keep the following books of record on the civil sideof the court:
(1) A loose leaf minute book, similar to that kept by the circuitcourt, each case to be numbered consecutively in order of itsfiling.
(2) Index and cross-index book, containing the names of allparties to each action with the number of the case opposite thename.
(3) A fee book as is provided for city courts.
(4) An order book in which all orders of a cause are writtenconsecutively when final judgment or order is entered.
(b) The case should bear the same number as originally given tothe case when filed and must be arranged in the order bookconsecutively according to the original number given to the casewhen filed. All orders, proceedings, records of issuing execution,
returns of execution, and satisfactions of execution shall be groupedtogether, if practical, on one (1) page or on consecutive pages whenthere is not sufficient room to group it on one (1) page. All costs ina cause shall be taxed on the margin of the page containing the finalorder or judgment. All orders not connected with a specific case,such as general appointments made by the judge, shall be entered inthe minute book under a separate number and recorded in the recordbook under that number.
As added by P.L.98-2004, SEC.14.
IC 33-35-5-5
City court; issues of fact to be tried by judge unless demand forjury trial
Sec. 5. All issues of fact pending in city courts shall be tried bythe judge, unless either party demands a jury trial. The jury mustconsist of six (6) qualified residents of the city, to be summoned bythe bailiff by venire issued by the judge. City residents shall beselected for jury service according to the procedures set out inIC 33-28-5.
As added by P.L.98-2004, SEC.14. Amended by P.L.118-2007,SEC.25.
IC 33-35-5-6
Style of city or town court
Sec. 6. The style of the city or town court is "The (City or Town)Court of ____________," according to the name of the city or town.
As added by P.L.98-2004, SEC.14.
IC 33-35-5-7
Courts not of record; judges; requirements
Sec. 7. (a) A city court is not a court of record.
(b) A town court is not a court of record.
(c) A person selected as judge of the following courts must be anattorney in good standing under the requirements of the supremecourt:
(1) Anderson city court.
(2) Avon town court.
(3) Brownsburg town court.
(4) Carmel city court.
(5) A city or town court located in Lake County.
(6) Muncie city court.
(7) Noblesville city court.
(8) Plainfield town court.
(9) Greenwood city court.
(10) Martinsville city court.
As added by P.L.98-2004, SEC.14.
IC 33-35-5-8
Effect of judgments, orders, and proceedings in town and citycourts; orders of sale and executions affecting real estate Sec. 8. (a) All judgments, decrees, orders, and proceedings of cityand town courts have the same force as those of the circuit court. Ajudgment becomes a lien on real estate when a transcript of thejudgment is filed with the clerk of the circuit court.
(b) All orders of sale and executions affecting real estate from thecity court of the three (3) cities having the largest populations in acounty having a population of more than four hundred thousand(400,000) but less than seven hundred thousand (700,000) shall beissued by the clerk of the circuit court to the sheriff upon the filingof a certified copy of the judgment. When the copy is filed, the courtrendering the judgment has no further jurisdiction of the case exceptto furnish a transcript for appeal. The life of a lien may be continuedin force when the action is started in the city court, as though theaction were filed in the circuit court, by filing with the clerk of thecircuit court a certificate, certified to by the judge of the city courtand containing:
(1) the names of the parties to the suit;
(2) the nature of the action;
(3) the description of the property affected; and
(4) the amount in controversy.
The judge shall enter minutes on the docket showing the issuing ofthe certificates.
As added by P.L.98-2004, SEC.14.
IC 33-35-5-9
Appeals from city and town courts; procedure
Sec. 9. (a) An appeal from a judgment of a city court may be takento the circuit or superior court of the county and tried de novo.
(b) An appeal from a judgment of a town court may be taken tothe superior or circuit court of the county within thirty (30) days afterthe rendition of the judgment.
(c) A prisoner against whom punishment is adjudged by a citycourt may appeal to the circuit court of the county, within thirty (30)days after the judgment. If the prisoner, within the thirty (30) days,enters into recognizance for his appearance in court and causes to befiled in the court, within forty-five (45) days, all other papers,documents, and transcripts necessary to complete the appeal, theappeal stays all further proceedings on the judgment in the courtbelow. However, the prisoner may remain in jail on the prisoner'ssentence instead of furnishing a recognizance, and an appeal withoutrecognizance does not stay the execution of the court below.
As added by P.L.98-2004, SEC.14.
IC 33-35-5-10
Appeals from certain city and town courts; procedure
Sec. 10. (a) A party in a civil action who desires to take an appealfrom the city court of the three (3) cities having the largestpopulations in a county having a population of more than fourhundred thousand (400,000) but less than seven hundred thousand(700,000) shall file a bond, to the approval of the city court, within
thirty (30) days after the date of rendition of final judgment, and themotion to correct errors within ten (10) days after the rendition offinal judgment. The transcript and motion shall be filed in the courtto which the appeal is taken within thirty (30) days after the motionhas been signed by the court.
(b) All errors saved shall be reviewed as far as justice warrants,and for that purpose, a complete transcript of all the evidence is notrequired. An error occurring during the trial, not excepted to at thetime, may be made available upon appeal by setting it forth in amotion for a new trial. Upon application within the time fixed, eitherof the parties to the suit may obtain either:
(1) a correct statement, to be prepared by the party requestingthe signing of the same, of the facts in a narrative formappearing on the trial and of all questions of law involved in thecase and the decisions of the court upon the questions of law;or
(2) a correct stenographic report;
and the expense of procuring the correct statement or correctstenographic report shall be paid by the party requesting the correctstatement or correct stenographic report.
(c) The appeal shall be:
(1) submitted on the date filed in the court to which the appealis taken;
(2) advanced on the docket of that court; and
(3) as determined at the earliest practical date, without anyextension of time for filing of briefs;
but the court to which an appeal is taken may, on application, hearoral arguments.
(d) If judgment is affirmed on appeal, it may be increased by tenpercent (10%), in addition to any interest that may be allowed, if theappeal is found to be frivolous.
(e) A change of venue may be taken from the judge to whom thecase is appealed as provided by law for taking changes of venue fromthe judge of the circuit court.
(f) The court to which an appeal is taken shall render its opinionin abbreviated form by simply citing the controlling authorities in thecase, unless it appears that some new question of practice, procedure,or law is involved that would warrant a more extensive opinion.
As added by P.L.98-2004, SEC.14.