IC 33-33-10-1 Application
Sec. 1. IC 33-29-1 does not apply to this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-10-2 Appointment; magistrates
Sec. 2. (a) Clark County constitutes the fourth judicial circuit.
(b) The judges of the Clark circuit court and Clark superior court
may jointly appoint two (2) full-time magistrates under IC 33-23-5
to serve the circuit and superior courts.
(c) A magistrate continues in office until removed by the judges
of the Clark circuit and superior courts. As added by P.L.98-2004, SEC.12. Amended by P.L.234-2007,
SEC.215.
IC 33-33-10-3 Establishment of superior courts; qualifications of judges
Sec. 3. (a) There are established three (3) superior courts in Clark
County, each of which consists of one (1) judge, who shall hold the
judge's office for a term of six (6) years, beginning on the first day
of January after the judge's election, and until the judge's successor
is elected and qualified.
(b) To be eligible to hold office as a judge of Clark superior court,
a person must be:
(1) a resident of Clark County; and
(2) admitted to the bar of Indiana. As added by P.L.98-2004, SEC.12.
IC 33-33-10-4 Names; jurisdiction; judicial powers; seal
Sec. 4. (a) The superior courts shall be known as Clark superior
court No. 1, Clark superior court No. 2, and Clark superior court No.
3, and the county of Clark shall constitute the judicial district of each
court.
(b) Each superior court shall be a court of record having the same
jurisdiction as the circuit court. A judge of the superior court has the
same powers relating to the conduct of business of the court as the
judge of the circuit court.
(c) Each court shall have a seal containing the words "Clark
Superior Court _________ (insert "No. 1", "No. 2", or "No. 3") of
Clark County, Indiana".
(d) Clark superior court No. 3 has a standard small claims and
misdemeanor docket. As added by P.L.98-2004, SEC.12.
IC 33-33-10-5 Rules
Sec. 5. Each judge of a superior court may make and adopt rules
and regulations for conducting the business of the judge's court, not
repugnant to Indiana law. As added by P.L.98-2004, SEC.12.
IC 33-33-10-6 Judicial powers
Sec. 6. Each judge of a superior court has the same power to grant
restraining orders and injunctions, to issue writs of habeas corpus
and of mandate and prohibition, to appoint receivers, master
commissioners to convey real property, and to grant commissions for
the examination of witnesses, and to appoint other officers necessary
to facilitate and transact the business of the court as is conferred on
circuit courts or the judges of circuit courts. As added by P.L.98-2004, SEC.12.
IC 33-33-10-7 Location of court sessions
Sec. 7. Each superior court of Clark County shall hold its sessions
at the courthouse of the county, or at other convenient places as the
court designates in the county. The county commissioners shall
provide suitable quarters for each court. As added by P.L.98-2004, SEC.12.
IC 33-33-10-8 Books, papers, and records of courts
Sec. 8. The clerk, under the direction of a judge of the superior
court, shall provide order books, judgment dockets, execution
dockets, fee books, and such other books, papers and records as are
necessary for that court, and all books, papers, and proceedings of
that court shall be kept distinct and separate from those of other
courts, and the records of all civil cases separate and apart from the
records of juvenile matters. As added by P.L.98-2004, SEC.12.
IC 33-33-10-9 Bailiff
Sec. 9. Each judge of a superior court shall appoint a bailiff for
the court, whose salary shall be fixed and paid as provided by law. As added by P.L.98-2004, SEC.12.
IC 33-33-10-10 Court reporter
Sec. 10. Each judge of a superior court shall appoint a court
reporter, whose duties, salary, and term, shall be regulated in the
same manner as the court reporter of circuit courts. As added by P.L.98-2004, SEC.12.
IC 33-33-10-11 Law governing practice and procedure
Sec. 11. All laws governing the circuit court in matters of
pleading, practice, the issuing and service of process, the giving of
notice, the appointment of judges pro tempore and special judges,
changes of venue from the judge and from the county, adjournments
by the court and by the clerk in the absence of the judge, and the
selection of jurors for the court are applicable to and govern the
courts established under this chapter. As added by P.L.98-2004, SEC.12. Amended by P.L.118-2007,
SEC.23.
IC 33-33-10-12 Process of court
Sec. 12. The process of each superior court must have the seal
affixed and be attested, directed, served, and returned, and be in form
as is provided for process issuing from the circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-10-13 Change of venue; transfer of case
Sec. 13. When an affidavit for a change of venue is filed in a
superior 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):
(1) a judge of a circuit court or superior court or a competent
attorney shall be called to hear and determine the cause as
provided by law for changes of venue in causes pending in the
circuit court; or
(2) the cause may be certified to the Clark circuit court or a
Clark superior court, in the discretion of the judge of the
superior court. The original papers shall be transferred to the
court. A transcript is not necessary. The circuit court has
jurisdiction to hear and determine the cause and render
judgment.
If the cause alleged in the affidavit is embraced in IC 34-35-1-1(3),
IC 34-35-1-1(4), and IC 34-35-1-1(5), the change shall be granted,
and the cause directed to the circuit or superior court of another
county, as provided in cases of changes of venue from the circuit
court, and the court to which the case is sent has jurisdiction to hear
and determine the cause and render judgment. As added by P.L.98-2004, SEC.12.
IC 33-33-10-14
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-10-15 Transfer of actions; judge of one court sitting in another
Sec. 15. (a) The judge of the Clark circuit court may, with the
consent of a judge of the superior court, transfer any action or
proceeding from the circuit court to that superior court. The judge of
a superior court may, with the consent of the judge of the circuit
court, transfer any action or proceeding from that superior court to
the circuit court. The judge of a superior court may, with the consent
of the judge of the other superior court, transfer any action or
proceeding from that superior court to the other superior court.
(b) The judge of the Clark circuit court may, with the consent of
the judge of the superior court, sit as a judge of that superior court in
any matter, as if the judge were an elected judge of that superior
court. The judge of a superior court may, with consent of the judge
of the circuit court, sit as a judge of the circuit court as if the judge
were an elected judge of the circuit court. The judge of a superior
court may, with the consent of the judge of the other superior court,
sit as judge of the other superior court as if the judge were the
elected judge of that superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-10-1 Application
Sec. 1. IC 33-29-1 does not apply to this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-10-2 Appointment; magistrates
Sec. 2. (a) Clark County constitutes the fourth judicial circuit.
(b) The judges of the Clark circuit court and Clark superior court
may jointly appoint two (2) full-time magistrates under IC 33-23-5
to serve the circuit and superior courts.
(c) A magistrate continues in office until removed by the judges
of the Clark circuit and superior courts. As added by P.L.98-2004, SEC.12. Amended by P.L.234-2007,
SEC.215.
IC 33-33-10-3 Establishment of superior courts; qualifications of judges
Sec. 3. (a) There are established three (3) superior courts in Clark
County, each of which consists of one (1) judge, who shall hold the
judge's office for a term of six (6) years, beginning on the first day
of January after the judge's election, and until the judge's successor
is elected and qualified.
(b) To be eligible to hold office as a judge of Clark superior court,
a person must be:
(1) a resident of Clark County; and
(2) admitted to the bar of Indiana. As added by P.L.98-2004, SEC.12.
IC 33-33-10-4 Names; jurisdiction; judicial powers; seal
Sec. 4. (a) The superior courts shall be known as Clark superior
court No. 1, Clark superior court No. 2, and Clark superior court No.
3, and the county of Clark shall constitute the judicial district of each
court.
(b) Each superior court shall be a court of record having the same
jurisdiction as the circuit court. A judge of the superior court has the
same powers relating to the conduct of business of the court as the
judge of the circuit court.
(c) Each court shall have a seal containing the words "Clark
Superior Court _________ (insert "No. 1", "No. 2", or "No. 3") of
Clark County, Indiana".
(d) Clark superior court No. 3 has a standard small claims and
misdemeanor docket. As added by P.L.98-2004, SEC.12.
IC 33-33-10-5 Rules
Sec. 5. Each judge of a superior court may make and adopt rules
and regulations for conducting the business of the judge's court, not
repugnant to Indiana law. As added by P.L.98-2004, SEC.12.
IC 33-33-10-6 Judicial powers
Sec. 6. Each judge of a superior court has the same power to grant
restraining orders and injunctions, to issue writs of habeas corpus
and of mandate and prohibition, to appoint receivers, master
commissioners to convey real property, and to grant commissions for
the examination of witnesses, and to appoint other officers necessary
to facilitate and transact the business of the court as is conferred on
circuit courts or the judges of circuit courts. As added by P.L.98-2004, SEC.12.
IC 33-33-10-7 Location of court sessions
Sec. 7. Each superior court of Clark County shall hold its sessions
at the courthouse of the county, or at other convenient places as the
court designates in the county. The county commissioners shall
provide suitable quarters for each court. As added by P.L.98-2004, SEC.12.
IC 33-33-10-8 Books, papers, and records of courts
Sec. 8. The clerk, under the direction of a judge of the superior
court, shall provide order books, judgment dockets, execution
dockets, fee books, and such other books, papers and records as are
necessary for that court, and all books, papers, and proceedings of
that court shall be kept distinct and separate from those of other
courts, and the records of all civil cases separate and apart from the
records of juvenile matters. As added by P.L.98-2004, SEC.12.
IC 33-33-10-9 Bailiff
Sec. 9. Each judge of a superior court shall appoint a bailiff for
the court, whose salary shall be fixed and paid as provided by law. As added by P.L.98-2004, SEC.12.
IC 33-33-10-10 Court reporter
Sec. 10. Each judge of a superior court shall appoint a court
reporter, whose duties, salary, and term, shall be regulated in the
same manner as the court reporter of circuit courts. As added by P.L.98-2004, SEC.12.
IC 33-33-10-11 Law governing practice and procedure
Sec. 11. All laws governing the circuit court in matters of
pleading, practice, the issuing and service of process, the giving of
notice, the appointment of judges pro tempore and special judges,
changes of venue from the judge and from the county, adjournments
by the court and by the clerk in the absence of the judge, and the
selection of jurors for the court are applicable to and govern the
courts established under this chapter. As added by P.L.98-2004, SEC.12. Amended by P.L.118-2007,
SEC.23.
IC 33-33-10-12 Process of court
Sec. 12. The process of each superior court must have the seal
affixed and be attested, directed, served, and returned, and be in form
as is provided for process issuing from the circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-10-13 Change of venue; transfer of case
Sec. 13. When an affidavit for a change of venue is filed in a
superior 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):
(1) a judge of a circuit court or superior court or a competent
attorney shall be called to hear and determine the cause as
provided by law for changes of venue in causes pending in the
circuit court; or
(2) the cause may be certified to the Clark circuit court or a
Clark superior court, in the discretion of the judge of the
superior court. The original papers shall be transferred to the
court. A transcript is not necessary. The circuit court has
jurisdiction to hear and determine the cause and render
judgment.
If the cause alleged in the affidavit is embraced in IC 34-35-1-1(3),
IC 34-35-1-1(4), and IC 34-35-1-1(5), the change shall be granted,
and the cause directed to the circuit or superior court of another
county, as provided in cases of changes of venue from the circuit
court, and the court to which the case is sent has jurisdiction to hear
and determine the cause and render judgment. As added by P.L.98-2004, SEC.12.
IC 33-33-10-14
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-10-15 Transfer of actions; judge of one court sitting in another
Sec. 15. (a) The judge of the Clark circuit court may, with the
consent of a judge of the superior court, transfer any action or
proceeding from the circuit court to that superior court. The judge of
a superior court may, with the consent of the judge of the circuit
court, transfer any action or proceeding from that superior court to
the circuit court. The judge of a superior court may, with the consent
of the judge of the other superior court, transfer any action or
proceeding from that superior court to the other superior court.
(b) The judge of the Clark circuit court may, with the consent of
the judge of the superior court, sit as a judge of that superior court in
any matter, as if the judge were an elected judge of that superior
court. The judge of a superior court may, with consent of the judge
of the circuit court, sit as a judge of the circuit court as if the judge
were an elected judge of the circuit court. The judge of a superior
court may, with the consent of the judge of the other superior court,
sit as judge of the other superior court as if the judge were the
elected judge of that superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-10-1 Application
Sec. 1. IC 33-29-1 does not apply to this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-10-2 Appointment; magistrates
Sec. 2. (a) Clark County constitutes the fourth judicial circuit.
(b) The judges of the Clark circuit court and Clark superior court
may jointly appoint two (2) full-time magistrates under IC 33-23-5
to serve the circuit and superior courts.
(c) A magistrate continues in office until removed by the judges
of the Clark circuit and superior courts. As added by P.L.98-2004, SEC.12. Amended by P.L.234-2007,
SEC.215.
IC 33-33-10-3 Establishment of superior courts; qualifications of judges
Sec. 3. (a) There are established three (3) superior courts in Clark
County, each of which consists of one (1) judge, who shall hold the
judge's office for a term of six (6) years, beginning on the first day
of January after the judge's election, and until the judge's successor
is elected and qualified.
(b) To be eligible to hold office as a judge of Clark superior court,
a person must be:
(1) a resident of Clark County; and
(2) admitted to the bar of Indiana. As added by P.L.98-2004, SEC.12.
IC 33-33-10-4 Names; jurisdiction; judicial powers; seal
Sec. 4. (a) The superior courts shall be known as Clark superior
court No. 1, Clark superior court No. 2, and Clark superior court No.
3, and the county of Clark shall constitute the judicial district of each
court.
(b) Each superior court shall be a court of record having the same
jurisdiction as the circuit court. A judge of the superior court has the
same powers relating to the conduct of business of the court as the
judge of the circuit court.
(c) Each court shall have a seal containing the words "Clark
Superior Court _________ (insert "No. 1", "No. 2", or "No. 3") of
Clark County, Indiana".
(d) Clark superior court No. 3 has a standard small claims and
misdemeanor docket. As added by P.L.98-2004, SEC.12.
IC 33-33-10-5 Rules
Sec. 5. Each judge of a superior court may make and adopt rules
and regulations for conducting the business of the judge's court, not
repugnant to Indiana law. As added by P.L.98-2004, SEC.12.
IC 33-33-10-6 Judicial powers
Sec. 6. Each judge of a superior court has the same power to grant
restraining orders and injunctions, to issue writs of habeas corpus
and of mandate and prohibition, to appoint receivers, master
commissioners to convey real property, and to grant commissions for
the examination of witnesses, and to appoint other officers necessary
to facilitate and transact the business of the court as is conferred on
circuit courts or the judges of circuit courts. As added by P.L.98-2004, SEC.12.
IC 33-33-10-7 Location of court sessions
Sec. 7. Each superior court of Clark County shall hold its sessions
at the courthouse of the county, or at other convenient places as the
court designates in the county. The county commissioners shall
provide suitable quarters for each court. As added by P.L.98-2004, SEC.12.
IC 33-33-10-8 Books, papers, and records of courts
Sec. 8. The clerk, under the direction of a judge of the superior
court, shall provide order books, judgment dockets, execution
dockets, fee books, and such other books, papers and records as are
necessary for that court, and all books, papers, and proceedings of
that court shall be kept distinct and separate from those of other
courts, and the records of all civil cases separate and apart from the
records of juvenile matters. As added by P.L.98-2004, SEC.12.
IC 33-33-10-9 Bailiff
Sec. 9. Each judge of a superior court shall appoint a bailiff for
the court, whose salary shall be fixed and paid as provided by law. As added by P.L.98-2004, SEC.12.
IC 33-33-10-10 Court reporter
Sec. 10. Each judge of a superior court shall appoint a court
reporter, whose duties, salary, and term, shall be regulated in the
same manner as the court reporter of circuit courts. As added by P.L.98-2004, SEC.12.
IC 33-33-10-11 Law governing practice and procedure
Sec. 11. All laws governing the circuit court in matters of
pleading, practice, the issuing and service of process, the giving of
notice, the appointment of judges pro tempore and special judges,
changes of venue from the judge and from the county, adjournments
by the court and by the clerk in the absence of the judge, and the
selection of jurors for the court are applicable to and govern the
courts established under this chapter. As added by P.L.98-2004, SEC.12. Amended by P.L.118-2007,
SEC.23.
IC 33-33-10-12 Process of court
Sec. 12. The process of each superior court must have the seal
affixed and be attested, directed, served, and returned, and be in form
as is provided for process issuing from the circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-10-13 Change of venue; transfer of case
Sec. 13. When an affidavit for a change of venue is filed in a
superior 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):
(1) a judge of a circuit court or superior court or a competent
attorney shall be called to hear and determine the cause as
provided by law for changes of venue in causes pending in the
circuit court; or
(2) the cause may be certified to the Clark circuit court or a
Clark superior court, in the discretion of the judge of the
superior court. The original papers shall be transferred to the
court. A transcript is not necessary. The circuit court has
jurisdiction to hear and determine the cause and render
judgment.
If the cause alleged in the affidavit is embraced in IC 34-35-1-1(3),
IC 34-35-1-1(4), and IC 34-35-1-1(5), the change shall be granted,
and the cause directed to the circuit or superior court of another
county, as provided in cases of changes of venue from the circuit
court, and the court to which the case is sent has jurisdiction to hear
and determine the cause and render judgment. As added by P.L.98-2004, SEC.12.
IC 33-33-10-14
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-10-15 Transfer of actions; judge of one court sitting in another
Sec. 15. (a) The judge of the Clark circuit court may, with the
consent of a judge of the superior court, transfer any action or
proceeding from the circuit court to that superior court. The judge of
a superior court may, with the consent of the judge of the circuit
court, transfer any action or proceeding from that superior court to
the circuit court. The judge of a superior court may, with the consent
of the judge of the other superior court, transfer any action or
proceeding from that superior court to the other superior court.
(b) The judge of the Clark circuit court may, with the consent of
the judge of the superior court, sit as a judge of that superior court in
any matter, as if the judge were an elected judge of that superior
court. The judge of a superior court may, with consent of the judge
of the circuit court, sit as a judge of the circuit court as if the judge
were an elected judge of the circuit court. The judge of a superior
court may, with the consent of the judge of the other superior court,
sit as judge of the other superior court as if the judge were the
elected judge of that superior court. As added by P.L.98-2004, SEC.12.
