IC 33-38-10-1 "Private judge" defined
Sec. 1. As used in this chapter, "private judge" means a person
who is qualified to act as judge of a case under this chapter. As added by P.L.98-2004, SEC.17.
IC 33-38-10-2 Persons who may act as private judge
Sec. 2. (a) A person who:
(1) has been but is not currently a judge of a circuit, superior,
criminal, probate, municipal, or county court and has served in
the capacity of judge for at least four (4) consecutive years;
(2) is admitted to the practice of law in Indiana; and
(3) is a resident of Indiana;
may act as judge for certain cases under this chapter.
(b) A person may act as a judge of a case under this chapter only
if:
(1) all parties to the action file a written petition with the
executive director of the division of state court administration
consenting to the case being heard by a private judge, and
naming the person whom the parties wish to have as private
judge;
(2) the case is one over which the court in which the former
judge served would have had subject matter and monetary
jurisdiction;
(3) the case is founded exclusively on contract, tort, or a
combination of contract and tort; and
(4) the case is one in which a utility (as defined in IC 8-1-2-1)
is not a party. As added by P.L.98-2004, SEC.17.
IC 33-38-10-3 Registration of former judges; list; petition to have case heard by
private judge; appointment
Sec. 3. (a) A former judge qualified under section 2(a) of this
chapter who wishes to serve as a private judge must register with the
executive director of the division of state court administration. The
executive director shall:
(1) compile;
(2) periodically update; and
(3) make available to the public;
a list of registered former judges.
(b) If the parties to an action wish to have the action heard before
a private judge, the parties shall submit to the executive director of
the division of state court administration a written petition as
described in section 2(b)(1) of this chapter. After verifying that the
former judge is qualified under section 2(a) of this chapter and is
registered under subsection (a), the executive director shall forward
the petition to the former judge named on the petition.
(c) The regular or presiding judge of the court in which the action
is filed shall appoint the private judge to hear the action if the written
petition of the parties to the action and the written consent of the
private judge to hear the action is presented to the regular or
presiding judge:
(1) contemporaneously with the filing of the action; or
(2) after the action has been filed. As added by P.L.98-2004, SEC.17.
IC 33-38-10-4 Conduct of trial without jury; powers of judge; records;
applicability of rules of civil procedure; appeals
Sec. 4. (a) A trial conducted by a private judge shall be conducted
without a jury.
(b) A person who serves as a private judge has, for each case the
private judge hears, the same powers as the judge of a circuit court
in relation to:
(1) court procedure;
(2) deciding the outcome of the case;
(3) attendance of witnesses;
(4) punishment of contempts;
(5) enforcement of orders;
(6) administering oaths; and
(7) giving all necessary certificates for the authentication of the
records and proceedings.
(c) All proceedings in an action heard by a private judge are of
record and must be:
(1) filed with the clerk of the circuit court in the county of
proper venue under the Indiana Rules of Trial Procedure; and
(2) made available to the public in the same manner as circuit
court records.
(d) The Indiana Rules of Trial Procedure apply for all actions
brought before a private judge. An appeal from an action or a
judgment of a private judge may be taken in the same manner as an
appeal from the circuit court of the county where the case is filed. As added by P.L.98-2004, SEC.17.
IC 33-38-10-5 Costs
Sec. 5. Costs in an action brought before a private judge shall be
taxed and distributed in the same manner as costs in the circuit court
of the county in which the case is filed. As added by P.L.98-2004, SEC.17.
IC 33-38-10-6 Clerk of court; sheriff; duties
Sec. 6. (a) The clerk of the circuit court of the county in which the
case is filed serves as the clerk of the court for a case heard by a
private judge, and the sheriff of that county serves as the sheriff of
the court for the case. The clerk and the sheriff shall attend the
proceedings and perform the same duties relating to their offices as
are required for the circuit court of the county in which the case is
filed.
(b) The clerk of the circuit court of the county in which the case
is filed shall provide to a private judge for each case all books,
dockets, papers, and printed blanks necessary to discharge the duties
of the court. As added by P.L.98-2004, SEC.17.
IC 33-38-10-7 Time and place of hearing; notice of proceeding
Sec. 7. (a) A case heard by a private judge may be heard:
(1) at any time; and
(2) at any place in Indiana;
that is mutually agreeable to all parties and the judge.
(b) There shall be posted in the office of the clerk of the circuit
court of the county in which the case is filed, in a place accessible to
the public, a notice of the date, time, and place of any proceeding,
including:
(1) a hearing on a motion for judgment by default;
(2) a hearing for judgment on the pleadings;
(3) a hearing for summary judgment; and
(4) a trial upon the merits;
that could result in a judgment. The notice shall be posted at least
three (3) days before the proceeding is conducted. As added by P.L.98-2004, SEC.17.
IC 33-38-10-8 Compensation and costs
Sec. 8. Notwithstanding the rules of trial procedure, a private
judge may receive compensation for hearing a case in an amount and
subject to the terms and conditions agreed to by the judge and the
parties to the case. A contract for the services of a private judge must
provide for the payment of the judge's compensation by the parties.
In addition, the contract must include terms and conditions relating
to:
(1) the compensation of all personnel; and
(2) the costs of all facilities and materials;
as determined by the clerk of the court that are used in relation to the
case and not otherwise covered. As added by P.L.98-2004, SEC.17.
IC 33-38-10-9 Adoption of rules by supreme court
Sec. 9. The supreme court shall adopt rules to carry out this
chapter. As added by P.L.98-2004, SEC.17.
IC 33-38-10-1 "Private judge" defined
Sec. 1. As used in this chapter, "private judge" means a person
who is qualified to act as judge of a case under this chapter. As added by P.L.98-2004, SEC.17.
IC 33-38-10-2 Persons who may act as private judge
Sec. 2. (a) A person who:
(1) has been but is not currently a judge of a circuit, superior,
criminal, probate, municipal, or county court and has served in
the capacity of judge for at least four (4) consecutive years;
(2) is admitted to the practice of law in Indiana; and
(3) is a resident of Indiana;
may act as judge for certain cases under this chapter.
(b) A person may act as a judge of a case under this chapter only
if:
(1) all parties to the action file a written petition with the
executive director of the division of state court administration
consenting to the case being heard by a private judge, and
naming the person whom the parties wish to have as private
judge;
(2) the case is one over which the court in which the former
judge served would have had subject matter and monetary
jurisdiction;
(3) the case is founded exclusively on contract, tort, or a
combination of contract and tort; and
(4) the case is one in which a utility (as defined in IC 8-1-2-1)
is not a party. As added by P.L.98-2004, SEC.17.
IC 33-38-10-3 Registration of former judges; list; petition to have case heard by
private judge; appointment
Sec. 3. (a) A former judge qualified under section 2(a) of this
chapter who wishes to serve as a private judge must register with the
executive director of the division of state court administration. The
executive director shall:
(1) compile;
(2) periodically update; and
(3) make available to the public;
a list of registered former judges.
(b) If the parties to an action wish to have the action heard before
a private judge, the parties shall submit to the executive director of
the division of state court administration a written petition as
described in section 2(b)(1) of this chapter. After verifying that the
former judge is qualified under section 2(a) of this chapter and is
registered under subsection (a), the executive director shall forward
the petition to the former judge named on the petition.
(c) The regular or presiding judge of the court in which the action
is filed shall appoint the private judge to hear the action if the written
petition of the parties to the action and the written consent of the
private judge to hear the action is presented to the regular or
presiding judge:
(1) contemporaneously with the filing of the action; or
(2) after the action has been filed. As added by P.L.98-2004, SEC.17.
IC 33-38-10-4 Conduct of trial without jury; powers of judge; records;
applicability of rules of civil procedure; appeals
Sec. 4. (a) A trial conducted by a private judge shall be conducted
without a jury.
(b) A person who serves as a private judge has, for each case the
private judge hears, the same powers as the judge of a circuit court
in relation to:
(1) court procedure;
(2) deciding the outcome of the case;
(3) attendance of witnesses;
(4) punishment of contempts;
(5) enforcement of orders;
(6) administering oaths; and
(7) giving all necessary certificates for the authentication of the
records and proceedings.
(c) All proceedings in an action heard by a private judge are of
record and must be:
(1) filed with the clerk of the circuit court in the county of
proper venue under the Indiana Rules of Trial Procedure; and
(2) made available to the public in the same manner as circuit
court records.
(d) The Indiana Rules of Trial Procedure apply for all actions
brought before a private judge. An appeal from an action or a
judgment of a private judge may be taken in the same manner as an
appeal from the circuit court of the county where the case is filed. As added by P.L.98-2004, SEC.17.
IC 33-38-10-5 Costs
Sec. 5. Costs in an action brought before a private judge shall be
taxed and distributed in the same manner as costs in the circuit court
of the county in which the case is filed. As added by P.L.98-2004, SEC.17.
IC 33-38-10-6 Clerk of court; sheriff; duties
Sec. 6. (a) The clerk of the circuit court of the county in which the
case is filed serves as the clerk of the court for a case heard by a
private judge, and the sheriff of that county serves as the sheriff of
the court for the case. The clerk and the sheriff shall attend the
proceedings and perform the same duties relating to their offices as
are required for the circuit court of the county in which the case is
filed.
(b) The clerk of the circuit court of the county in which the case
is filed shall provide to a private judge for each case all books,
dockets, papers, and printed blanks necessary to discharge the duties
of the court. As added by P.L.98-2004, SEC.17.
IC 33-38-10-7 Time and place of hearing; notice of proceeding
Sec. 7. (a) A case heard by a private judge may be heard:
(1) at any time; and
(2) at any place in Indiana;
that is mutually agreeable to all parties and the judge.
(b) There shall be posted in the office of the clerk of the circuit
court of the county in which the case is filed, in a place accessible to
the public, a notice of the date, time, and place of any proceeding,
including:
(1) a hearing on a motion for judgment by default;
(2) a hearing for judgment on the pleadings;
(3) a hearing for summary judgment; and
(4) a trial upon the merits;
that could result in a judgment. The notice shall be posted at least
three (3) days before the proceeding is conducted. As added by P.L.98-2004, SEC.17.
IC 33-38-10-8 Compensation and costs
Sec. 8. Notwithstanding the rules of trial procedure, a private
judge may receive compensation for hearing a case in an amount and
subject to the terms and conditions agreed to by the judge and the
parties to the case. A contract for the services of a private judge must
provide for the payment of the judge's compensation by the parties.
In addition, the contract must include terms and conditions relating
to:
(1) the compensation of all personnel; and
(2) the costs of all facilities and materials;
as determined by the clerk of the court that are used in relation to the
case and not otherwise covered. As added by P.L.98-2004, SEC.17.
IC 33-38-10-9 Adoption of rules by supreme court
Sec. 9. The supreme court shall adopt rules to carry out this
chapter. As added by P.L.98-2004, SEC.17.
IC 33-38-10-1 "Private judge" defined
Sec. 1. As used in this chapter, "private judge" means a person
who is qualified to act as judge of a case under this chapter. As added by P.L.98-2004, SEC.17.
IC 33-38-10-2 Persons who may act as private judge
Sec. 2. (a) A person who:
(1) has been but is not currently a judge of a circuit, superior,
criminal, probate, municipal, or county court and has served in
the capacity of judge for at least four (4) consecutive years;
(2) is admitted to the practice of law in Indiana; and
(3) is a resident of Indiana;
may act as judge for certain cases under this chapter.
(b) A person may act as a judge of a case under this chapter only
if:
(1) all parties to the action file a written petition with the
executive director of the division of state court administration
consenting to the case being heard by a private judge, and
naming the person whom the parties wish to have as private
judge;
(2) the case is one over which the court in which the former
judge served would have had subject matter and monetary
jurisdiction;
(3) the case is founded exclusively on contract, tort, or a
combination of contract and tort; and
(4) the case is one in which a utility (as defined in IC 8-1-2-1)
is not a party. As added by P.L.98-2004, SEC.17.
IC 33-38-10-3 Registration of former judges; list; petition to have case heard by
private judge; appointment
Sec. 3. (a) A former judge qualified under section 2(a) of this
chapter who wishes to serve as a private judge must register with the
executive director of the division of state court administration. The
executive director shall:
(1) compile;
(2) periodically update; and
(3) make available to the public;
a list of registered former judges.
(b) If the parties to an action wish to have the action heard before
a private judge, the parties shall submit to the executive director of
the division of state court administration a written petition as
described in section 2(b)(1) of this chapter. After verifying that the
former judge is qualified under section 2(a) of this chapter and is
registered under subsection (a), the executive director shall forward
the petition to the former judge named on the petition.
(c) The regular or presiding judge of the court in which the action
is filed shall appoint the private judge to hear the action if the written
petition of the parties to the action and the written consent of the
private judge to hear the action is presented to the regular or
presiding judge:
(1) contemporaneously with the filing of the action; or
(2) after the action has been filed. As added by P.L.98-2004, SEC.17.
IC 33-38-10-4 Conduct of trial without jury; powers of judge; records;
applicability of rules of civil procedure; appeals
Sec. 4. (a) A trial conducted by a private judge shall be conducted
without a jury.
(b) A person who serves as a private judge has, for each case the
private judge hears, the same powers as the judge of a circuit court
in relation to:
(1) court procedure;
(2) deciding the outcome of the case;
(3) attendance of witnesses;
(4) punishment of contempts;
(5) enforcement of orders;
(6) administering oaths; and
(7) giving all necessary certificates for the authentication of the
records and proceedings.
(c) All proceedings in an action heard by a private judge are of
record and must be:
(1) filed with the clerk of the circuit court in the county of
proper venue under the Indiana Rules of Trial Procedure; and
(2) made available to the public in the same manner as circuit
court records.
(d) The Indiana Rules of Trial Procedure apply for all actions
brought before a private judge. An appeal from an action or a
judgment of a private judge may be taken in the same manner as an
appeal from the circuit court of the county where the case is filed. As added by P.L.98-2004, SEC.17.
IC 33-38-10-5 Costs
Sec. 5. Costs in an action brought before a private judge shall be
taxed and distributed in the same manner as costs in the circuit court
of the county in which the case is filed. As added by P.L.98-2004, SEC.17.
IC 33-38-10-6 Clerk of court; sheriff; duties
Sec. 6. (a) The clerk of the circuit court of the county in which the
case is filed serves as the clerk of the court for a case heard by a
private judge, and the sheriff of that county serves as the sheriff of
the court for the case. The clerk and the sheriff shall attend the
proceedings and perform the same duties relating to their offices as
are required for the circuit court of the county in which the case is
filed.
(b) The clerk of the circuit court of the county in which the case
is filed shall provide to a private judge for each case all books,
dockets, papers, and printed blanks necessary to discharge the duties
of the court. As added by P.L.98-2004, SEC.17.
IC 33-38-10-7 Time and place of hearing; notice of proceeding
Sec. 7. (a) A case heard by a private judge may be heard:
(1) at any time; and
(2) at any place in Indiana;
that is mutually agreeable to all parties and the judge.
(b) There shall be posted in the office of the clerk of the circuit
court of the county in which the case is filed, in a place accessible to
the public, a notice of the date, time, and place of any proceeding,
including:
(1) a hearing on a motion for judgment by default;
(2) a hearing for judgment on the pleadings;
(3) a hearing for summary judgment; and
(4) a trial upon the merits;
that could result in a judgment. The notice shall be posted at least
three (3) days before the proceeding is conducted. As added by P.L.98-2004, SEC.17.
IC 33-38-10-8 Compensation and costs
Sec. 8. Notwithstanding the rules of trial procedure, a private
judge may receive compensation for hearing a case in an amount and
subject to the terms and conditions agreed to by the judge and the
parties to the case. A contract for the services of a private judge must
provide for the payment of the judge's compensation by the parties.
In addition, the contract must include terms and conditions relating
to:
(1) the compensation of all personnel; and
(2) the costs of all facilities and materials;
as determined by the clerk of the court that are used in relation to the
case and not otherwise covered. As added by P.L.98-2004, SEC.17.
IC 33-38-10-9 Adoption of rules by supreme court
Sec. 9. The supreme court shall adopt rules to carry out this
chapter. As added by P.L.98-2004, SEC.17.
