Indiana § 33-38-10-2 - Persons who may act as private judge
Full text of Indiana Indiana Code § 33-38-10-2 — Persons who may act as private judge, with citation guidance and answers to common questions.
§ 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 chief administrative officer of the office of judicial 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.
[Pre-2004 Recodification Citation: 33-13-15-2.]
As added by P.L.98-2004, SEC.17. Amended by P.L.161-2018, SEC.100.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 33-38-10-2
What does Indiana Code § 33-38-10-2 cover?
Section 33-38-10-2 ("Persons who may act as private judge") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 33-38-10-2?
A common citation format is "Indiana Code § 33-38-10-2" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 33-38-10-2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.