IC 33-33-89.3
Chapter 89.3. Wayne Superior Court No. 3
IC 33-33-89.3-1 Application
Sec. 1. IC 33-29-1 does not apply to this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-2 Establishment of superior court
Sec. 2. There is established a court of record having general
jurisdiction to be known as the Wayne superior court No. 3 (referred
to as "the court" in this chapter). The court may have a seal
containing the words "Wayne Superior Court No. 3, Wayne County,
Indiana". Wayne County comprises the judicial district of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-3 Judge; election
Sec. 3. (a) The court has one (1) judge, who shall be elected at the
general election every six (6) years in Wayne County. The judge's
term begins January 1 following the judge's election and ends
December 31 following the election of the judge's successor.
(b) To be eligible to hold office as judge of the court, a person
must:
(1) be a resident of Wayne County;
(2) be less than seventy (70) years of age at the time the person
takes office;
(3) be admitted to the bar of Indiana; and
(4) have practiced law at least five (5) years. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-4 Jurisdiction
Sec. 4. The court has the same jurisdiction as the Wayne circuit
court and Wayne superior courts No. 1 and No. 2. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-5 Judicial powers
Sec. 5. The judge of the court has the same powers relating to the
conduct of business of the court as the judge of the Wayne circuit
court and the judges of Wayne superior courts No. 1 and No. 2. The
judge has all powers incident to a court of record in relation to the
attendance of witnesses and punishment for contempt, and the power
to enforce the judge's orders. The judge may administer oaths,
solemnize marriages, take and certify acknowledgements of deeds,
and give all necessary certificates for the authentication of records
and proceedings of the judge's court. As added by P.L.98-2004, SEC.12. IC 33-33-89.3-6 Personnel
Sec. 6. The judge of the court may appoint a bailiff, official court
reporter, referee, commissioner, and any other personnel as the judge
considers necessary to facilitate and transact the business of the
court. The judge of the court shall fix their compensation within the
limits and in the manner as provided by law concerning these officers
and employees. These personnel serve at the pleasure of the court
and are paid monthly in the manner of payment for officers and
employees of Wayne circuit court and Wayne superior courts No. 1
and No. 2. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-7 Books, dockets, and papers
Sec. 7. The clerk, under the direction of the judge of the court,
shall provide order books, judgment dockets, execution dockets, fee
books, and other books for the court, which shall be kept separately
from the books and papers of other courts. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-8 Location of court sessions
Sec. 8. (a) The court shall hold its sessions in a place to be
determined and provided by the county council of Wayne County.
(b) The board of county commissioners of Wayne County:
(1) shall provide and maintain in the courthouse a suitable and
convenient courtroom for holding the court and suitable and
convenient jury room and offices for the judge, official court
reporter, and staff of the court; and
(2) shall provide all necessary furniture and equipment for the
rooms, offices, and employees of the court and all necessary
dockets, books, and records for the court.
(c) The county council shall make all necessary appropriations
from the general fund of the county for the purpose of carrying out
this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-9
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-89.3-10 Sitting of judges
Sec. 10. The judges of the Wayne circuit court and Wayne
superior courts No. 1 and No. 2 may, with the consent of the judge
of the court, sit as judge of the court in any matter in the small claims
and minor offenses division of the court, as if the judge were an
elected judge of the court. As added by P.L.98-2004, SEC.12. IC 33-33-89.3-11 Transfer of actions and proceedings
Sec. 11. The judges of the Wayne circuit court and Wayne
superior courts No. 1 and No. 2 may, with the consent of the judge
of the court, transfer any action, cause, or proceeding filed and
docketed in the Wayne circuit court, Wayne superior court No. 1, or
Wayne superior court No. 2, to the court by transferring all original
papers and instruments filed in such an action, cause, or proceeding.
The action, cause, or proceeding shall be treated as if originally filed
with the court. The judge of the court may, with the consent of the
judge of the Wayne circuit court, Wayne superior court No. 1, or
Wayne superior court No. 2, transfer any action, cause, or proceeding
filed and docketed in the court, except a cause properly docketed in
the small claims or minor offenses division of the court, to the
Wayne circuit court, Wayne superior court No. 1, or Wayne superior
court No. 2, by transferring all original papers and instruments filed
in the action, cause, or proceeding. The action, cause, or proceeding
shall be treated as if originally filed with the transferee court.
However, if any cause, action, or proceeding transferred under this
section is later transferred on change of venue to a court of another
county or if any cause is appealed to the court of appeals or supreme
court of Indiana, then the party taking the change of venue or appeal
may have a transcript made of the proceedings in each court,
certified by the clerk of that court. The transcript has the same force
and effect and gives the court to which it is taken on change of venue
or appeal the same jurisdiction, as though this transcript had been
originally made when the cause was transferred to the transferee
court. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-12 Small claims and misdemeanor division
Sec. 12. The Wayne superior court No. 3 has a standard small
claims and misdemeanor division. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3
Chapter 89.3. Wayne Superior Court No. 3
IC 33-33-89.3-1 Application
Sec. 1. IC 33-29-1 does not apply to this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-2 Establishment of superior court
Sec. 2. There is established a court of record having general
jurisdiction to be known as the Wayne superior court No. 3 (referred
to as "the court" in this chapter). The court may have a seal
containing the words "Wayne Superior Court No. 3, Wayne County,
Indiana". Wayne County comprises the judicial district of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-3 Judge; election
Sec. 3. (a) The court has one (1) judge, who shall be elected at the
general election every six (6) years in Wayne County. The judge's
term begins January 1 following the judge's election and ends
December 31 following the election of the judge's successor.
(b) To be eligible to hold office as judge of the court, a person
must:
(1) be a resident of Wayne County;
(2) be less than seventy (70) years of age at the time the person
takes office;
(3) be admitted to the bar of Indiana; and
(4) have practiced law at least five (5) years. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-4 Jurisdiction
Sec. 4. The court has the same jurisdiction as the Wayne circuit
court and Wayne superior courts No. 1 and No. 2. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-5 Judicial powers
Sec. 5. The judge of the court has the same powers relating to the
conduct of business of the court as the judge of the Wayne circuit
court and the judges of Wayne superior courts No. 1 and No. 2. The
judge has all powers incident to a court of record in relation to the
attendance of witnesses and punishment for contempt, and the power
to enforce the judge's orders. The judge may administer oaths,
solemnize marriages, take and certify acknowledgements of deeds,
and give all necessary certificates for the authentication of records
and proceedings of the judge's court. As added by P.L.98-2004, SEC.12. IC 33-33-89.3-6 Personnel
Sec. 6. The judge of the court may appoint a bailiff, official court
reporter, referee, commissioner, and any other personnel as the judge
considers necessary to facilitate and transact the business of the
court. The judge of the court shall fix their compensation within the
limits and in the manner as provided by law concerning these officers
and employees. These personnel serve at the pleasure of the court
and are paid monthly in the manner of payment for officers and
employees of Wayne circuit court and Wayne superior courts No. 1
and No. 2. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-7 Books, dockets, and papers
Sec. 7. The clerk, under the direction of the judge of the court,
shall provide order books, judgment dockets, execution dockets, fee
books, and other books for the court, which shall be kept separately
from the books and papers of other courts. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-8 Location of court sessions
Sec. 8. (a) The court shall hold its sessions in a place to be
determined and provided by the county council of Wayne County.
(b) The board of county commissioners of Wayne County:
(1) shall provide and maintain in the courthouse a suitable and
convenient courtroom for holding the court and suitable and
convenient jury room and offices for the judge, official court
reporter, and staff of the court; and
(2) shall provide all necessary furniture and equipment for the
rooms, offices, and employees of the court and all necessary
dockets, books, and records for the court.
(c) The county council shall make all necessary appropriations
from the general fund of the county for the purpose of carrying out
this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-9
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-89.3-10 Sitting of judges
Sec. 10. The judges of the Wayne circuit court and Wayne
superior courts No. 1 and No. 2 may, with the consent of the judge
of the court, sit as judge of the court in any matter in the small claims
and minor offenses division of the court, as if the judge were an
elected judge of the court. As added by P.L.98-2004, SEC.12. IC 33-33-89.3-11 Transfer of actions and proceedings
Sec. 11. The judges of the Wayne circuit court and Wayne
superior courts No. 1 and No. 2 may, with the consent of the judge
of the court, transfer any action, cause, or proceeding filed and
docketed in the Wayne circuit court, Wayne superior court No. 1, or
Wayne superior court No. 2, to the court by transferring all original
papers and instruments filed in such an action, cause, or proceeding.
The action, cause, or proceeding shall be treated as if originally filed
with the court. The judge of the court may, with the consent of the
judge of the Wayne circuit court, Wayne superior court No. 1, or
Wayne superior court No. 2, transfer any action, cause, or proceeding
filed and docketed in the court, except a cause properly docketed in
the small claims or minor offenses division of the court, to the
Wayne circuit court, Wayne superior court No. 1, or Wayne superior
court No. 2, by transferring all original papers and instruments filed
in the action, cause, or proceeding. The action, cause, or proceeding
shall be treated as if originally filed with the transferee court.
However, if any cause, action, or proceeding transferred under this
section is later transferred on change of venue to a court of another
county or if any cause is appealed to the court of appeals or supreme
court of Indiana, then the party taking the change of venue or appeal
may have a transcript made of the proceedings in each court,
certified by the clerk of that court. The transcript has the same force
and effect and gives the court to which it is taken on change of venue
or appeal the same jurisdiction, as though this transcript had been
originally made when the cause was transferred to the transferee
court. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-12 Small claims and misdemeanor division
Sec. 12. The Wayne superior court No. 3 has a standard small
claims and misdemeanor division. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3
Chapter 89.3. Wayne Superior Court No. 3
IC 33-33-89.3-1 Application
Sec. 1. IC 33-29-1 does not apply to this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-2 Establishment of superior court
Sec. 2. There is established a court of record having general
jurisdiction to be known as the Wayne superior court No. 3 (referred
to as "the court" in this chapter). The court may have a seal
containing the words "Wayne Superior Court No. 3, Wayne County,
Indiana". Wayne County comprises the judicial district of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-3 Judge; election
Sec. 3. (a) The court has one (1) judge, who shall be elected at the
general election every six (6) years in Wayne County. The judge's
term begins January 1 following the judge's election and ends
December 31 following the election of the judge's successor.
(b) To be eligible to hold office as judge of the court, a person
must:
(1) be a resident of Wayne County;
(2) be less than seventy (70) years of age at the time the person
takes office;
(3) be admitted to the bar of Indiana; and
(4) have practiced law at least five (5) years. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-4 Jurisdiction
Sec. 4. The court has the same jurisdiction as the Wayne circuit
court and Wayne superior courts No. 1 and No. 2. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-5 Judicial powers
Sec. 5. The judge of the court has the same powers relating to the
conduct of business of the court as the judge of the Wayne circuit
court and the judges of Wayne superior courts No. 1 and No. 2. The
judge has all powers incident to a court of record in relation to the
attendance of witnesses and punishment for contempt, and the power
to enforce the judge's orders. The judge may administer oaths,
solemnize marriages, take and certify acknowledgements of deeds,
and give all necessary certificates for the authentication of records
and proceedings of the judge's court. As added by P.L.98-2004, SEC.12. IC 33-33-89.3-6 Personnel
Sec. 6. The judge of the court may appoint a bailiff, official court
reporter, referee, commissioner, and any other personnel as the judge
considers necessary to facilitate and transact the business of the
court. The judge of the court shall fix their compensation within the
limits and in the manner as provided by law concerning these officers
and employees. These personnel serve at the pleasure of the court
and are paid monthly in the manner of payment for officers and
employees of Wayne circuit court and Wayne superior courts No. 1
and No. 2. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-7 Books, dockets, and papers
Sec. 7. The clerk, under the direction of the judge of the court,
shall provide order books, judgment dockets, execution dockets, fee
books, and other books for the court, which shall be kept separately
from the books and papers of other courts. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-8 Location of court sessions
Sec. 8. (a) The court shall hold its sessions in a place to be
determined and provided by the county council of Wayne County.
(b) The board of county commissioners of Wayne County:
(1) shall provide and maintain in the courthouse a suitable and
convenient courtroom for holding the court and suitable and
convenient jury room and offices for the judge, official court
reporter, and staff of the court; and
(2) shall provide all necessary furniture and equipment for the
rooms, offices, and employees of the court and all necessary
dockets, books, and records for the court.
(c) The county council shall make all necessary appropriations
from the general fund of the county for the purpose of carrying out
this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-9
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-89.3-10 Sitting of judges
Sec. 10. The judges of the Wayne circuit court and Wayne
superior courts No. 1 and No. 2 may, with the consent of the judge
of the court, sit as judge of the court in any matter in the small claims
and minor offenses division of the court, as if the judge were an
elected judge of the court. As added by P.L.98-2004, SEC.12. IC 33-33-89.3-11 Transfer of actions and proceedings
Sec. 11. The judges of the Wayne circuit court and Wayne
superior courts No. 1 and No. 2 may, with the consent of the judge
of the court, transfer any action, cause, or proceeding filed and
docketed in the Wayne circuit court, Wayne superior court No. 1, or
Wayne superior court No. 2, to the court by transferring all original
papers and instruments filed in such an action, cause, or proceeding.
The action, cause, or proceeding shall be treated as if originally filed
with the court. The judge of the court may, with the consent of the
judge of the Wayne circuit court, Wayne superior court No. 1, or
Wayne superior court No. 2, transfer any action, cause, or proceeding
filed and docketed in the court, except a cause properly docketed in
the small claims or minor offenses division of the court, to the
Wayne circuit court, Wayne superior court No. 1, or Wayne superior
court No. 2, by transferring all original papers and instruments filed
in the action, cause, or proceeding. The action, cause, or proceeding
shall be treated as if originally filed with the transferee court.
However, if any cause, action, or proceeding transferred under this
section is later transferred on change of venue to a court of another
county or if any cause is appealed to the court of appeals or supreme
court of Indiana, then the party taking the change of venue or appeal
may have a transcript made of the proceedings in each court,
certified by the clerk of that court. The transcript has the same force
and effect and gives the court to which it is taken on change of venue
or appeal the same jurisdiction, as though this transcript had been
originally made when the cause was transferred to the transferee
court. As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-12 Small claims and misdemeanor division
Sec. 12. The Wayne superior court No. 3 has a standard small
claims and misdemeanor division. As added by P.L.98-2004, SEC.12.
