Indiana § 33-33-79-15 - Appeals from superior court

§ 33-33-79-15. Appeals from superior court

Sec. 15. In a case where, under state law, a person has the right of appeal from the circuit court to the supreme court, an appeal may be had from the superior court.

[Pre-2004 Recodification Citation: 33-5-41-17.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.2Chapter 79.2. Tippecanoe Superior Court No. 2

33-33-79.2-1Application 33-33-79.2-2Creation of superior court; election and term of judge 33-33-79.2-3Judicial district; court of record; seal 33-33-79.2-4Clerk and sheriff of court; bailiff and official reporter 33-33-79.2-5Location of court sessions; dockets, books, and records 33-33-79.2-6Repealed 33-33-79.2-7Judicial powers 33-33-79.2-8Transfer of actions

IC 33-33-79.2-1Application Sec. 1. IC 33-29-1 does not apply to this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.2-2Creation of superior court; election and term of judge Sec. 2. There is created a court of record to be known as the Superior Court No. 2 of Tippecanoe County. The court has one (1) judge, who holds 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. The judge shall be elected every six (6) years at the general election.

[Pre-2004 Recodification Citation: 33-5-42-1.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.2-3Judicial district; court of record; seal Sec. 3. Tippecanoe County constitutes the judicial district of superior court No. 2.

[Pre-2004 Recodification Citation: 33-5-42-2.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.2-4Clerk and sheriff of court; bailiff and official reporter Sec. 4. (a) The clerk of the Tippecanoe circuit court shall be the clerk of superior court No. 2 of Tippecanoe County and the sheriff of Tippecanoe County shall be the sheriff of superior court No. 2 of Tippecanoe County. The sheriff shall attend court. The clerk and the sheriff shall discharge all the duties pertaining to their respective offices as they are required to do by law with reference to the Tippecanoe circuit court.

(b) The judge of superior court No. 2 of Tippecanoe County shall appoint a bailiff and an official reporter for the court to serve during the court. The judge shall fix their compensation within the limits and in the manner provided by law concerning bailiffs and official court reporters. The compensation shall be paid monthly out of the treasury of Tippecanoe County, in the manner provided by law.

[Pre-2004 Recodification Citation: 33-5-42-3.]

As added by P.L.98-2004, SEC.12. Amended by P.L.78-2014, SEC.15.

IC 33-33-79.2-5Location of court sessions; dockets, books, and records Sec. 5. (a) Superior court No. 2 of Tippecanoe County shall hold sessions in a place to be determined by the county council of Tippecanoe County.

(b) The board of county commissioners of Tippecanoe County shall provide and maintain in the courthouse or at another convenient place as the board of commissioners or the judge of the court may provide at the county seat:

(1) a suitable and convenient courtroom for the holding of court; and

(2) a suitable and convenient jury room and offices for the judge and the official court reporter.

(c) The board of county commissioners shall provide all necessary furniture and equipment for the rooms and offices of the court and all necessary dockets, books, and records for the court.

(d) The county council shall make the necessary appropriations from the general fund of the county for the purpose of carrying out this chapter.

[Pre-2004 Recodification Citation: 33-5-42-5.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.2-6Repealed[Pre-2004 Recodification Citation: 33-5-42-6.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.

IC 33-33-79.2-7Judicial powers Sec. 7. (a) The judge of superior court No. 2 of Tippecanoe County may make and adopt rules and regulations for conducting the business of superior court No. 2 of Tippecanoe County.

(b) 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:

(1) administer oaths;

(2) solemnize marriages;

(3) take and certify acknowledgments of deeds;

(4) give all necessary certificates for the authentication of records and proceedings of the court; and

(5) make and execute certificates of qualification and moral character of persons petitioning to be commissioned as notaries public.

[Pre-2004 Recodification Citation: 33-5-42-7.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.2-8Transfer of actions Sec. 8. (a) The judge of the Superior Court No. 2 of Tippecanoe County may, with the consent of the judge of the superior court of Tippecanoe County, transfer any action, cause, or proceeding pending in superior court No. 2 of Tippecanoe County to the superior court of Tippecanoe County by transferring all original papers, instruments and orders filed in the action, cause, or proceeding without further transcript to be redocketed and disposed of as if originally filed with the superior court of Tippecanoe County, if:

(1) the action, cause, or proceeding could have been originally filed and docketed in the superior court of Tippecanoe County; and

(2) both judges believe the transfer will expedite the disposition of the case, expedite the work of either court, or equalize the work load between the two (2) courts.

(b) The judge of the superior court of Tippecanoe County may, with the consent of the judge of the superior court No. 2 of Tippecanoe County, transfer any action, cause, or proceeding pending in the superior court of Tippecanoe County to the superior court No. 2 of Tippecanoe County by transferring all original papers, instruments, and orders filed in the action, cause, or proceeding without further transcript to be redocketed and disposed of as if originally filed with the superior court No. 2 of Tippecanoe County if:

(1) the action, cause, or proceeding could have been originally filed and docketed in the superior court No. 2 of Tippecanoe County; and

(2) both judges believe the transfer will expedite the disposition of the case, expedite the work of either court, or equalize the work load between the two (2) courts.

[Pre-2004 Recodification Citation: 33-5-42-11.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.3Chapter 79.3. Tippecanoe Superior Court No. 3

33-33-79.3-1Application 33-33-79.3-2Establishment of superior court; seal; judicial district 33-33-79.3-3Judge; election, term, and qualifications 33-33-79.3-4Repealed 33-33-79.3-5Power of judge same as circuit court judges 33-33-79.3-6Bailiff and court reporter 33-33-79.3-7Dockets; books and papers 33-33-79.3-8Location of court sessions 33-33-79.3-9Transfers of actions and proceedings 33-33-79.3-10Interchange of judges 33-33-79.3-11Repealed 33-33-79.3-12Rules for conducting business; local rules

IC 33-33-79.3-1Application Sec. 1. IC 33-29-1 does not apply to this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.3-2Establishment of superior court; seal; judicial district Sec. 2. There is established a court of record to be known as the Tippecanoe superior court No. 3 (referred to as the court in this chapter). The court may have a seal containing the words "Tippecanoe Superior Court No. 3, Tippecanoe County, Indiana". Tippecanoe County comprises the judicial district of the court.

[Pre-2004 Recodification Citation: 33-5-42.1-1.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.3-3Judge; election, term, and qualifications Sec. 3. (a) The court has one (1) judge, who shall be elected at the general election every six (6) years in Tippecanoe County. The judge's term begins January 1 following the 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 Tippecanoe County; and

(2) be admitted to the bar of Indiana.

[Pre-2004 Recodification Citation: 33-5-42.1-2.]

As added by P.L.98-2004, SEC.12. Amended by P.L.161-2011, SEC.15; P.L.201-2011, SEC.91.

IC 33-33-79.3-4Repealed[Pre-2004 Recodification Citation: 33-5-42.1-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.

IC 33-33-79.3-5Power of judge same as circuit court judges Sec. 5. The judge of the court has the same powers relating to the conduct of the business of the court as the judge of the Tippecanoe circuit court. The judge of the court also may administer oaths, solemnize marriages, and take and certify acknowledgments of deeds.

[Pre-2004 Recodification Citation: 33-5-42.1-4.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.3-6Bailiff and court reporter Sec. 6. The judge of the court shall appoint a bailiff and an official court reporter for the court. Their salaries shall be fixed in the same manner as the salaries of the bailiff and official court reporter for the Tippecanoe circuit court. Their salaries shall be paid monthly out of the treasury of Tippecanoe County as provided by law.

[Pre-2004 Recodification Citation: 33-5-42.1-5.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.3-7Dockets; books and papers Sec. 7. The clerk of the court, 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.

[Pre-2004 Recodification Citation: 33-5-42.1-6.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.3-8Location of court sessions Sec. 8. The court shall hold its sessions in:

(1) the Tippecanoe County courthouse in Lafayette; or

(2) other places in the county as the Tippecanoe County executive may provide.

The county executive shall provide and maintain a suitable courtroom and other rooms and facilities, including furniture and equipment, as necessary. The Tippecanoe County fiscal body shall appropriate sufficient funds for the provision and maintenance of these rooms and facilities.

[Pre-2004 Recodification Citation: 33-5-42.1-7.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.3-9Transfers of actions and proceedings Sec. 9. The judge of the Tippecanoe circuit court or Tippecanoe superior court No. 1 or No. 2 may, with the consent of the judge of the court, transfer any action or proceeding from the circuit court or superior court No. 1 or No. 2 to the court and the judge of the court may, with consent of the judge of the circuit or other superior court, transfer any action or proceeding from the court to the circuit or other superior court, if the action or proceeding could have been originally filed in the receiving court.

[Pre-2004 Recodification Citation: 33-5-42.1-8.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.3-10Interchange of judges Sec. 10. The judge of the Tippecanoe circuit or other superior court may, with the consent of the judge of the court, sit as a judge of the court in any matter as if an elected judge of the court. The judge of the court may, with the consent of the judge of the circuit or other superior court, sit as a judge of the circuit or other superior court in any matter as if an elected judge of the circuit or other superior court.

[Pre-2004 Recodification Citation: 33-5-42.1-9.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.3-11Repealed[Pre-2004 Recodification Citation: 33-5-42.1-10.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.

IC 33-33-79.3-12Rules for conducting business; local rules Sec. 12. The judge of the court may adopt rules for conducting the business of the court, consistent with the laws and court rules of Indiana. However, when adopting local rules to govern in all the courts of record in the county, the judges of the circuit and superior courts shall act in concert. If there is a disagreement, the decision of a majority of the judges controls. If there is a tie, the decision joined by the circuit court judge controls.

[Pre-2004 Recodification Citation: 33-5-42.1-11.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.4Chapter 79.4. Tippecanoe Superior Courts No. 4, No. 5, and No. 6

33-33-79.4-1Application 33-33-79.4-2Establishment of superior courts 33-33-79.4-3Judges; election 33-33-79.4-4Repealed 33-33-79.4-5Judicial powers 33-33-79.4-6Bailiff and court reporter 33-33-79.4-7Magistrate 33-33-79.4-8Dockets, books, and papers 33-33-79.4-9Location of court sessions 33-33-79.4-10Repealed 33-33-79.4-11Transfer of actions and proceedings 33-33-79.4-12Sitting of judges 33-33-79.4-13Repealed 33-33-79.4-14Rules 33-33-79.4-15Presiding judge

IC 33-33-79.4-1Application Sec. 1. IC 33-29-1 does not apply to this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.4-2Establishment of superior courts Sec. 2. There are established four (4) courts of record to be known as:

(1) Tippecanoe superior court No. 4;

(2) Tippecanoe superior court No. 5;

(3) Tippecanoe superior court No. 6; and

(4) Tippecanoe superior court No. 7;

(referred to as "the court" in this chapter). Tippecanoe superior court No. 4, No. 5, No. 6, and No. 7 may each have a seal containing the words "Tippecanoe Superior Court No. (Insert Court Division Number), Tippecanoe County, Indiana". Tippecanoe County comprises the judicial district of each court.

[Pre-2004 Recodification Citation: 33-5-42.2-1.]

As added by P.L.98-2004, SEC.12. Amended by P.L.9-2019, SEC.1.

IC 33-33-79.4-3Judges; election Sec. 3. (a) Tippecanoe superior court No. 4, No. 5, No. 6, and No. 7 each has one (1) judge, who shall be elected at the general election every six (6) years in Tippecanoe County. The judge's term begins January 1 following the 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 be:

(1) a resident of Tippecanoe County; and

(2) admitted to the bar of Indiana.

[Pre-2004 Recodification Citation: 33-5-42.2-2.]

As added by P.L.98-2004, SEC.12. Amended by P.L.161-2011, SEC.16; P.L.201-2011, SEC.92; P.L.9-2019, SEC.2.

IC 33-33-79.4-4Repealed[Pre-2004 Recodification Citation: 33-5-42.2-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.

IC 33-33-79.4-5Judicial powers Sec. 5. The judges of Tippecanoe superior court No. 4, No. 5, No. 6, and No. 7 have the same powers relating to the conduct of the business of Tippecanoe superior court No. 4, No. 5, No. 6, and No. 7 as the judge of the Tippecanoe circuit court. The judge of each court also may administer oaths, solemnize marriages, and take and certify acknowledgments of deeds.

[Pre-2004 Recodification Citation: 33-5-42.2-4.]

As added by P.L.98-2004, SEC.12. Amended by P.L.9-2019, SEC.3.

IC 33-33-79.4-6Bailiff and court reporter Sec. 6. The judges of Tippecanoe superior court No. 4, No. 5, No. 6, and No. 7:

(1) shall each appoint a bailiff and an official court reporter for the court; and

(2) may each appoint other court personnel necessary to facilitate and transact the business of the court.

A person appointed under this section serves at the pleasure of the judge appointing the person. Their salaries shall be fixed in the same manner as the salaries of the bailiff, official court reporter, and other personnel for the Tippecanoe circuit court. Their salaries shall be paid monthly out of the treasury of Tippecanoe County as provided by law.

[Pre-2004 Recodification Citation: 33-5-42.2-5.]

As added by P.L.98-2004, SEC.12. Amended by P.L.9-2019, SEC.4.

IC 33-33-79.4-7Magistrate Sec. 7. The judges of Tippecanoe superior court No. 4, No. 5, No. 6, and No. 7 shall jointly appoint one (1) full-time magistrate under IC 33-23-5. The magistrate continues in office until jointly removed by the judges of the courts.

[Pre-2004 Recodification Citation: 33-5-42.2-6.]

As added by P.L.98-2004, SEC.12. Amended by P.L.9-2019, SEC.5.

IC 33-33-79.4-8Dockets, books, and papers Sec. 8. The clerk of the circuit court, under the direction of the judge of a 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.

[Pre-2004 Recodification Citation: 33-5-42.2-7.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.4-9Location of court sessions Sec. 9. Each court shall hold its sessions in the Tippecanoe County courthouse in Lafayette or in other places in the county that the Tippecanoe County executive may provide. The county executive shall provide and maintain a suitable courtroom and other rooms and facilities, including furniture and equipment, as may be necessary for each court. The Tippecanoe County fiscal body shall appropriate sufficient funds for the provision and maintenance of these rooms and facilities.

[Pre-2004 Recodification Citation: 33-5-42.2-8.]

As added by P.L.98-2004, SEC.12.

IC 33-33-79.4-10Repealed[Pre-2004 Recodification Citation: 33-5-42.2-9.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.

IC 33-33-79.4-11Transfer of actions and proceedings Sec. 11. The judge of the Tippecanoe circuit court or another superior court in the county may, with the consent of the judge of Tippecanoe superior court No. 4, No. 5, No. 6, or No. 7, transfer any action or proceeding from the circuit court to Tippecanoe superior court No. 4, No. 5, No. 6, or No. 7. The judge of Tippecanoe superior court No. 4, No. 5, No. 6, or No. 7 may, with the consent of the judge of the circuit court or the judge of another superior court in the county, transfer any action or proceeding from Tippecanoe superior court No. 4, No. 5, No. 6, or No. 7 to the circuit court or the other superior court in the county.

[Pre-2004 Recodification Citation: 33-5-42.2-10.]

As added by P.L.98-2004, SEC.12. Amended by P.L.9-2019, SEC.6.

IC 33-33-79.4-12Sitting of judges Sec. 12. The judge of the Tippecanoe circuit court or another superior court in the county may, with the consent of the judge of Tippecanoe superior court No. 4, No. 5, No. 6, or No. 7, sit as a judge of the court in any matter as if the judge of the circuit court or the other superior court were an elected judge of Tippecanoe superior court No. 4, No. 5, No. 6, or No. 7. The judge of Tippecanoe superior court No. 4, No. 5, No. 6, or No. 7 may, with consent of the judge of the circuit court or the judge of another superior court in the county, sit as a judge of the circuit court or the other superior court in any matter as if the judge of Tippecanoe superior court No. 4, No. 5, No. 6, or No. 7 were an elected judge of the circuit court or the other superior court.

[Pre-2004 Recodification Citation: 33-5-42.2-11.]

As added by P.L.98-2004, SEC.12. Amended by P.L.9-2019, SEC.7.

IC 33-33-79.4-13Repealed[Pre-2004 Recodification Citation: 33-5-42.2-12.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.

IC 33-33-79.4-14Rules Sec. 14. (a) Except as provided in this section, a judge of Tippecanoe superior court No. 4, No. 5, No. 6, or No. 7 may adopt rules for conducting business in the court.

(b) Rules adopted under this section must be consistent with the laws of Indiana and the rules adopted by the supreme court.

(c) When adopting local rules to govern in all the courts of record in the county, the judge of the circuit court and the judges of all superior courts in the county shall act in concert. If there is a disagreement, the decision of a majority of the judges controls. If there is a tie, the decision joined by the circuit court judge controls.

(d) The judges of Tippecanoe superior court No. 4, No. 5, No. 6, and No. 7 shall jointly adopt rules to provide for the coordination and conduct of the standard small claims and misdemeanor divisions in the courts.

[Pre-2004 Recodification Citation: 33-5-42.2-13.]

As added by P.L.98-2004, SEC.12. Amended by P.L.9-2019, SEC.8.

IC 33-33-79.4-15Presiding judge Sec. 15. (a) The judges of Tippecanoe superior court No. 4, No. 5, No. 6, and No. 7, by rules jointly adopted by the courts, shall designate one (1) of the judges of the courts as presiding judge for the standard small claims and misdemeanor divisions of the courts.

(b) The presiding judge shall insure that the standard small claims divisions operate efficiently.

[Pre-2004 Recodification Citation: 33-5-42.2-14.]

As added by P.L.98-2004, SEC.12. Amended by P.L.9-2019, SEC.9.

IC 33-33-80Chapter 80. Tipton County

33-33-80-1Judicial circuit