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 known
as "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 a
circular disk containing the words "Warrick Superior Court No. 1"
or "Warrick Superior Court No. 2" and a design as each court may
determine. 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, and
proceedings have the same force and effect and shall be enforced in
the 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 the
Warrick 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 of
a superior court, transfer any action, cause, or proceeding filed and
docketed in the circuit court to the superior court by transferring all
original papers and instruments filed in the action, cause, or
proceeding, without further transcript, to be redocketed and disposed
of 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 proceeding
filed and docketed in the court to the circuit court by transferring all
original papers and instruments filed in the action, cause, or
proceeding, without further transcript, to be redocketed and disposed
of as if originally filed with the circuit court.
(c) The judge of a superior court may, with the consent of the
judge of the other superior court, transfer any action, cause, or
proceeding filed and docketed in the court to the other court to be
redocketed 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 a
superior court's permission, sit and act as a judge of the superior
court in all matters before the court, without limitation and without
any further order in the same manner and with all the rights and
powers as if the judge were an elected judge of the superior court.
(b) The judge of the Warrick superior court No. 1 or Warrick
superior court No. 2 may, with the circuit court's permission, sit and
to act as a judge of the circuit court in all matters pending before the
circuit court, without limitation and without any further order in the
same manner and with all the rights and powers as if the judge were
the elected judge of the circuit court.
(c) The judge of a superior court may, with the consent of the
judge of the other superior court, sit as a judge of the other court in
any 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 superior
court No. 2 may make rules for conducting the business of the court.
(b) The Warrick superior court No. 1 or the Warrick superior
court No. 2 may issue warrants and issue and direct all processes that
are necessary in exercising the jurisdiction conferred under this
chapter. The Warrick superior court No. 1 or Warrick superior court
No. 2 may make all proper judgments, sentences, decrees, and orders,
issue all process, and do all acts necessary or proper to carry the
jurisdiction conferred under this chapter into effect.
(c) The Warrick superior court No. 1 or the Warrick superior
court No. 2 has the same power as the circuit court or a judge of the
circuit court in relation to the attendance of witnesses, the
punishment of contempts, and the enforcing of a court's orders. The
Warrick superior court No. 1 or Warrick superior court No. 2 may
administer oaths and give all necessary certificates for the
authentication 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 court
No. 1 and one (1) judge of the Warrick superior court No. 2 who
shall hold office for six (6) years, beginning on the first day of
January after a judge's election and until the judge's successor is
elected 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 the
Warrick superior court No. 2 shall be subject to all disciplinary rules
promulgated 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 the
Warrick 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, a
person must:
(1) be a resident of Warrick County;
(2) be less than seventy (70) years of age at the time of taking
office; 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 the
superior court shall be filled by appointment by the governor in the
same manner as are vacancies in the office of the judge of the circuit
court. 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 claims
and misdemeanor division. Warrick superior court No. 2 has a
standard 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, the
appointing 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 superior courts.
(b) Notwithstanding subsection (a), in cases on the civil small
claims docket, the following exceptions to the laws and rules
described in subsection (a) apply:
(1) A defendant is considered to have complied with the statute
and rule requiring the filing of an answer upon entering the
defendant's appearance personally or by attorney. An
appearance is considered a general denial and preserves all
defenses and compulsory counterclaims that may then be
presented at the trial of the cause.
(2) If at the trial of the cause the court determines that the
complaint is so vague and ambiguous that the defendant was
unable to determine the nature of plaintiff's claim or that the
plaintiff is surprised by a defense or compulsory counterclaim
raised by the defendant that the plaintiff could not reasonably
have anticipated, the court shall grant a continuance.
(3) The trial must be informal, with the sole objective of
dispensing speedy justice between the parties according to the
rules of substantive law, and may not be bound by the statutory
provisions or rules of practice, procedure, pleadings, or
evidence except provisions relating to privileged
communications 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 the
superior court may call a jury from the list provided to the court,
although the filing of a small claim shall be considered a waiver of
trial by jury by the plaintiff. The defendant may, not later than ten
(10) days after being served, make demand for a trial by jury by
affidavit stating that there are questions of fact requiring a trial by
jury, specifying them, and stating that the demand is intended in
good faith. The court shall then cause the claim to be transferred to
the regular docket and the defendant shall pay the filing fee charged
for filing civil actions in circuit court. Upon transfer a claim loses its
status as a small claim and is subject to all ordinary rules and
procedure. 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 division
of the superior court is against the defendant, the defendant shall pay
the judgment or order immediately or at any time and upon such
terms and conditions as the judge prescribes. If the judge orders that
the judgment shall be paid in specified installments, the judge may
stay the issuance of execution and other supplementary process
during compliance with the order. The stay may be modified or
vacated 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 a
superior court shall be properly recorded in the judgment docket
book of the court. The judgments are liens on real estate in the same
manner as judgments in a court of general jurisdiction become liens
on 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 claims
and misdemeanor division of a superior court shall be taken in the
same manner and under the same rules and statutes and with the
same assessment of costs as cases appealed from the circuit courts.
The appeal in a small claims case must be commenced and perfected
within thirty (30) days after the entry of judgment or the right to
appeal 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 court
reporter, and the additional personnel necessary to carry out the
business of the court. The duties, salaries, and terms of the bailiff and
recorder shall be regulated in the same manner as provided for the
circuit 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 superior
court 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 county
commissioners may provide.
(b) The board of county commissioners of Warrick County shall:
(1) provide and maintain a suitable and convenient courtroom
for the holding of a superior court, suitable and convenient jury
rooms, offices for the judges and official court reporters, and
other 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 the
rooms, facilities, furniture, and equipment. As added by P.L.98-2004, SEC.12.
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 known
as "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 a
circular disk containing the words "Warrick Superior Court No. 1"
or "Warrick Superior Court No. 2" and a design as each court may
determine. 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, and
proceedings have the same force and effect and shall be enforced in
the 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 the
Warrick 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 of
a superior court, transfer any action, cause, or proceeding filed and
docketed in the circuit court to the superior court by transferring all
original papers and instruments filed in the action, cause, or
proceeding, without further transcript, to be redocketed and disposed
of 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 proceeding
filed and docketed in the court to the circuit court by transferring all
original papers and instruments filed in the action, cause, or
proceeding, without further transcript, to be redocketed and disposed
of as if originally filed with the circuit court.
(c) The judge of a superior court may, with the consent of the
judge of the other superior court, transfer any action, cause, or
proceeding filed and docketed in the court to the other court to be
redocketed 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 a
superior court's permission, sit and act as a judge of the superior
court in all matters before the court, without limitation and without
any further order in the same manner and with all the rights and
powers as if the judge were an elected judge of the superior court.
(b) The judge of the Warrick superior court No. 1 or Warrick
superior court No. 2 may, with the circuit court's permission, sit and
to act as a judge of the circuit court in all matters pending before the
circuit court, without limitation and without any further order in the
same manner and with all the rights and powers as if the judge were
the elected judge of the circuit court.
(c) The judge of a superior court may, with the consent of the
judge of the other superior court, sit as a judge of the other court in
any 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 superior
court No. 2 may make rules for conducting the business of the court.
(b) The Warrick superior court No. 1 or the Warrick superior
court No. 2 may issue warrants and issue and direct all processes that
are necessary in exercising the jurisdiction conferred under this
chapter. The Warrick superior court No. 1 or Warrick superior court
No. 2 may make all proper judgments, sentences, decrees, and orders,
issue all process, and do all acts necessary or proper to carry the
jurisdiction conferred under this chapter into effect.
(c) The Warrick superior court No. 1 or the Warrick superior
court No. 2 has the same power as the circuit court or a judge of the
circuit court in relation to the attendance of witnesses, the
punishment of contempts, and the enforcing of a court's orders. The
Warrick superior court No. 1 or Warrick superior court No. 2 may
administer oaths and give all necessary certificates for the
authentication 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 court
No. 1 and one (1) judge of the Warrick superior court No. 2 who
shall hold office for six (6) years, beginning on the first day of
January after a judge's election and until the judge's successor is
elected 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 the
Warrick superior court No. 2 shall be subject to all disciplinary rules
promulgated 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 the
Warrick 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, a
person must:
(1) be a resident of Warrick County;
(2) be less than seventy (70) years of age at the time of taking
office; 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 the
superior court shall be filled by appointment by the governor in the
same manner as are vacancies in the office of the judge of the circuit
court. 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 claims
and misdemeanor division. Warrick superior court No. 2 has a
standard 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, the
appointing 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 superior courts.
(b) Notwithstanding subsection (a), in cases on the civil small
claims docket, the following exceptions to the laws and rules
described in subsection (a) apply:
(1) A defendant is considered to have complied with the statute
and rule requiring the filing of an answer upon entering the
defendant's appearance personally or by attorney. An
appearance is considered a general denial and preserves all
defenses and compulsory counterclaims that may then be
presented at the trial of the cause.
(2) If at the trial of the cause the court determines that the
complaint is so vague and ambiguous that the defendant was
unable to determine the nature of plaintiff's claim or that the
plaintiff is surprised by a defense or compulsory counterclaim
raised by the defendant that the plaintiff could not reasonably
have anticipated, the court shall grant a continuance.
(3) The trial must be informal, with the sole objective of
dispensing speedy justice between the parties according to the
rules of substantive law, and may not be bound by the statutory
provisions or rules of practice, procedure, pleadings, or
evidence except provisions relating to privileged
communications 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 the
superior court may call a jury from the list provided to the court,
although the filing of a small claim shall be considered a waiver of
trial by jury by the plaintiff. The defendant may, not later than ten
(10) days after being served, make demand for a trial by jury by
affidavit stating that there are questions of fact requiring a trial by
jury, specifying them, and stating that the demand is intended in
good faith. The court shall then cause the claim to be transferred to
the regular docket and the defendant shall pay the filing fee charged
for filing civil actions in circuit court. Upon transfer a claim loses its
status as a small claim and is subject to all ordinary rules and
procedure. 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 division
of the superior court is against the defendant, the defendant shall pay
the judgment or order immediately or at any time and upon such
terms and conditions as the judge prescribes. If the judge orders that
the judgment shall be paid in specified installments, the judge may
stay the issuance of execution and other supplementary process
during compliance with the order. The stay may be modified or
vacated 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 a
superior court shall be properly recorded in the judgment docket
book of the court. The judgments are liens on real estate in the same
manner as judgments in a court of general jurisdiction become liens
on 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 claims
and misdemeanor division of a superior court shall be taken in the
same manner and under the same rules and statutes and with the
same assessment of costs as cases appealed from the circuit courts.
The appeal in a small claims case must be commenced and perfected
within thirty (30) days after the entry of judgment or the right to
appeal 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 court
reporter, and the additional personnel necessary to carry out the
business of the court. The duties, salaries, and terms of the bailiff and
recorder shall be regulated in the same manner as provided for the
circuit 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 superior
court 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 county
commissioners may provide.
(b) The board of county commissioners of Warrick County shall:
(1) provide and maintain a suitable and convenient courtroom
for the holding of a superior court, suitable and convenient jury
rooms, offices for the judges and official court reporters, and
other 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 the
rooms, facilities, furniture, and equipment. As added by P.L.98-2004, SEC.12.
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 known
as "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 a
circular disk containing the words "Warrick Superior Court No. 1"
or "Warrick Superior Court No. 2" and a design as each court may
determine. 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, and
proceedings have the same force and effect and shall be enforced in
the 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 the
Warrick 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 of
a superior court, transfer any action, cause, or proceeding filed and
docketed in the circuit court to the superior court by transferring all
original papers and instruments filed in the action, cause, or
proceeding, without further transcript, to be redocketed and disposed
of 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 proceeding
filed and docketed in the court to the circuit court by transferring all
original papers and instruments filed in the action, cause, or
proceeding, without further transcript, to be redocketed and disposed
of as if originally filed with the circuit court.
(c) The judge of a superior court may, with the consent of the
judge of the other superior court, transfer any action, cause, or
proceeding filed and docketed in the court to the other court to be
redocketed 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 a
superior court's permission, sit and act as a judge of the superior
court in all matters before the court, without limitation and without
any further order in the same manner and with all the rights and
powers as if the judge were an elected judge of the superior court.
(b) The judge of the Warrick superior court No. 1 or Warrick
superior court No. 2 may, with the circuit court's permission, sit and
to act as a judge of the circuit court in all matters pending before the
circuit court, without limitation and without any further order in the
same manner and with all the rights and powers as if the judge were
the elected judge of the circuit court.
(c) The judge of a superior court may, with the consent of the
judge of the other superior court, sit as a judge of the other court in
any 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 superior
court No. 2 may make rules for conducting the business of the court.
(b) The Warrick superior court No. 1 or the Warrick superior
court No. 2 may issue warrants and issue and direct all processes that
are necessary in exercising the jurisdiction conferred under this
chapter. The Warrick superior court No. 1 or Warrick superior court
No. 2 may make all proper judgments, sentences, decrees, and orders,
issue all process, and do all acts necessary or proper to carry the
jurisdiction conferred under this chapter into effect.
(c) The Warrick superior court No. 1 or the Warrick superior
court No. 2 has the same power as the circuit court or a judge of the
circuit court in relation to the attendance of witnesses, the
punishment of contempts, and the enforcing of a court's orders. The
Warrick superior court No. 1 or Warrick superior court No. 2 may
administer oaths and give all necessary certificates for the
authentication 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 court
No. 1 and one (1) judge of the Warrick superior court No. 2 who
shall hold office for six (6) years, beginning on the first day of
January after a judge's election and until the judge's successor is
elected 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 the
Warrick superior court No. 2 shall be subject to all disciplinary rules
promulgated 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 the
Warrick 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, a
person must:
(1) be a resident of Warrick County;
(2) be less than seventy (70) years of age at the time of taking
office; 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 the
superior court shall be filled by appointment by the governor in the
same manner as are vacancies in the office of the judge of the circuit
court. 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 claims
and misdemeanor division. Warrick superior court No. 2 has a
standard 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, the
appointing 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 superior courts.
(b) Notwithstanding subsection (a), in cases on the civil small
claims docket, the following exceptions to the laws and rules
described in subsection (a) apply:
(1) A defendant is considered to have complied with the statute
and rule requiring the filing of an answer upon entering the
defendant's appearance personally or by attorney. An
appearance is considered a general denial and preserves all
defenses and compulsory counterclaims that may then be
presented at the trial of the cause.
(2) If at the trial of the cause the court determines that the
complaint is so vague and ambiguous that the defendant was
unable to determine the nature of plaintiff's claim or that the
plaintiff is surprised by a defense or compulsory counterclaim
raised by the defendant that the plaintiff could not reasonably
have anticipated, the court shall grant a continuance.
(3) The trial must be informal, with the sole objective of
dispensing speedy justice between the parties according to the
rules of substantive law, and may not be bound by the statutory
provisions or rules of practice, procedure, pleadings, or
evidence except provisions relating to privileged
communications 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 the
superior court may call a jury from the list provided to the court,
although the filing of a small claim shall be considered a waiver of
trial by jury by the plaintiff. The defendant may, not later than ten
(10) days after being served, make demand for a trial by jury by
affidavit stating that there are questions of fact requiring a trial by
jury, specifying them, and stating that the demand is intended in
good faith. The court shall then cause the claim to be transferred to
the regular docket and the defendant shall pay the filing fee charged
for filing civil actions in circuit court. Upon transfer a claim loses its
status as a small claim and is subject to all ordinary rules and
procedure. 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 division
of the superior court is against the defendant, the defendant shall pay
the judgment or order immediately or at any time and upon such
terms and conditions as the judge prescribes. If the judge orders that
the judgment shall be paid in specified installments, the judge may
stay the issuance of execution and other supplementary process
during compliance with the order. The stay may be modified or
vacated 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 a
superior court shall be properly recorded in the judgment docket
book of the court. The judgments are liens on real estate in the same
manner as judgments in a court of general jurisdiction become liens
on 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 claims
and misdemeanor division of a superior court shall be taken in the
same manner and under the same rules and statutes and with the
same assessment of costs as cases appealed from the circuit courts.
The appeal in a small claims case must be commenced and perfected
within thirty (30) days after the entry of judgment or the right to
appeal 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 court
reporter, and the additional personnel necessary to carry out the
business of the court. The duties, salaries, and terms of the bailiff and
recorder shall be regulated in the same manner as provided for the
circuit 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 superior
court 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 county
commissioners may provide.
(b) The board of county commissioners of Warrick County shall:
(1) provide and maintain a suitable and convenient courtroom
for the holding of a superior court, suitable and convenient jury
rooms, offices for the judges and official court reporters, and
other 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 the
rooms, facilities, furniture, and equipment. As added by P.L.98-2004, SEC.12.
