Bill Text: IN SB0212 | 2011 | Regular Session | Amended
Bill Title: Trial court jurisdiction; county courts.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2011-03-28 - First reading: referred to Committee on Courts and Criminal Code [SB0212 Detail]
Download: Indiana-2011-SB0212-Amended.html
Citations Affected: IC 2-5; IC 3-8; IC 3-10; IC 3-11; IC 3-13; IC 5-8;
IC 5-22; IC 12-26; IC 31-31; IC 32-26; IC 32-31; IC 33-23; IC 33-24;
IC 33-28; IC 33-29; IC 33-31; IC 33-33; IC 33-34; IC 33-35; IC 33-37;
IC 33-38; IC 33-41; IC 34-9; IC 34-24; IC 34-35; IC 35-33; IC 36-2.
Synopsis: Trial court jurisdiction; county courts. Provides that all
circuit courts, superior courts, and probate courts have: (1) original and
concurrent jurisdiction in all civil cases and in all criminal cases; (2)
de novo appellate jurisdiction of appeals from city and town courts; and
(3) in Marion County, de novo appellate jurisdiction of appeals from
township small claims courts. Makes conforming amendments. Repeals
the law concerning the establishment and operation of county courts.
(Since January 1, 2009, no county court exists in Indiana.) Makes
conforming amendments. (The introduced version of this bill was
prepared by the commission on courts.)
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Judiciary.
February 14, 2011, reported favorably _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
(1) The governor.
(2) The lieutenant governor.
(3) The secretary of state.
(4) The auditor of state.
(5) The treasurer of state.
(6) The attorney general.
(7) The state superintendent of public instruction.
(8) A justice of the supreme court of Indiana.
(9) A judge of the court of appeals of Indiana.
(10) A judge of the Indiana tax court.
(11) A judge of a circuit, superior, or probate
(12) A member of the general assembly.
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 33. (a) A candidate for an office listed in
subsection (b) must file a statement of economic interests.
(b) Whenever a candidate for any of the following offices is also
required to file a declaration of candidacy or is nominated by petition,
the candidate shall file a statement of economic interests before filing
the declaration of candidacy or declaration of intent to be a write-in
candidate, before the petition of nomination is filed, before the
certificate of nomination is filed, or before being appointed to fill a
candidate vacancy under IC 3-13-1 or IC 3-13-2:
(1) Governor, lieutenant governor, secretary of state, auditor of
state, treasurer of state, attorney general, and state superintendent
of public instruction, in accordance with IC 4-2-6-8.
(2) Senator and representative in the general assembly, in
accordance with IC 2-2.1-3-2.
(3) Justice of the supreme court, judge of the court of appeals,
judge of the tax court, judge of a circuit court, judge of a superior
court, judge of a county court, judge of a probate court, and
prosecuting attorney, in accordance with IC 33-23-11-14 and
IC 33-23-11-15.
For paper ballots, print: To vote for a person, make a voting mark (X or .) on or in the box before the person's name in the proper column. For optical scan ballots, print: To vote for a person, darken or shade in the circle, oval, or square (or draw a line to connect the arrow) that precedes the person's name in the proper column. For optical scan ballots that do not contain a candidate's name, print: To vote for a person, darken or shade in the oval that precedes the number assigned to the person's name in the proper column. For electronic voting systems, print: To vote for a person, touch the screen (or press the button) in the location indicated.
Vote for one (1) only
Representative in Congress
[] (1) AB __________
[] (2) CD __________
[] (3) EF __________
[] (4) GH __________
(b) The offices with candidates for nomination shall be placed on the primary election ballot in the following order:
(1) Federal and state offices:
(A) President of the United States.
(B) United States Senator.
(C) Governor.
(D) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
(C) Judge of the probate court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(c) The political party offices with candidates for election shall be placed on the primary election ballot in the following order after the offices described in subsection (b):
(1) Precinct committeeman.
(2) State convention delegate.
(d) The following offices and public questions shall be placed on the primary election ballot in the following order after the offices described in subsection (c):
(1) School board offices to be elected at the primary election.
(2) Other local offices to be elected at the primary election.
(3) Local public questions.
(e) The offices and public questions described in subsection (d) shall be placed:
(1) in a separate column on the ballot if voting is by paper ballot;
(2) after the offices described in subsection (c) in the form specified in IC 3-11-13-11 if voting is by ballot card; or
(3) either:
(A) on a separate screen for each office or public question; or
(B) after the offices described in subsection (c) in the form specified in IC 3-11-14-3.5;
if voting is by an electronic voting system.
(f) A public question shall be placed on the primary election ballot in the following form:
[] YES
[] NO
(1) the first general election following an appointment by the governor to fill a vacancy in the office of judge of the circuit court; or
(2) the general election before the term of the judge expires under
Article 7, Section 7 of the Constitution of the State of Indiana;
whichever occurs first, and every six (6) years thereafter.
(b) Except as otherwise provided by law, judges of the superior and
probate and county courts shall be elected at the general election before
their terms of office expire and every six (6) years thereafter.
(1) Federal and state offices:
(A) President and Vice President of the United States.
(B) United States Senator.
(C) Governor and lieutenant governor.
(D) Secretary of state.
(E) Auditor of state.
(F) Treasurer of state.
(G) Attorney general.
(H) Superintendent of public instruction.
(I) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
(C) Judge of the probate court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(b) If a judge wants to resign from office, the judge must resign as provided in IC 5-8-3.5.
(c) A vacancy that occurs because of the death of a judge may be certified to the governor under IC 5-8-6.
(d) A vacancy that occurs, other than by resignation or death of a judge, shall be certified to the governor by the circuit court clerk of the county in which the judge resided.
(e) A vacancy in the office of judge of a circuit court shall be filled by the governor as provided by Article 5, Section 18 of the Constitution of the State of Indiana. However, the governor may not fill a vacancy that occurs because of the death of a judge until the governor receives notice of the death under IC 5-8-6. The person who is appointed holds the office until:
(1) the end of the unexpired term; or
(2) a successor is elected at the next general election and qualified;
whichever occurs first. The person elected at the general election following an appointment to fill the vacancy, upon being qualified, holds office for the six (6) year term prescribed by Article 7, Section 7 of the Constitution of the State of Indiana and until a successor is
elected and qualified.
(f) A vacancy in the office of judge of a superior or probate or
county court shall be filled by the governor subject to the following:
(1) IC 33-33-2-39.
(2) IC 33-33-2-43.
(3) IC 33-33-45-38.
(4) IC 33-33-71-40.
However, the governor may not fill a vacancy that occurs because of
the death of a judge until the governor receives notice of the death
under IC 5-8-6. The person who is appointed holds office for the
remainder of the unexpired term.
(b) If the judgment is against the defendant, the defendant is removed from office. The governor, the officer, or the entity required to fill a vacancy under IC 3-13-6-2 shall, subject to:
(1) IC 33-33-2-39;
(2) IC 33-33-2-43;
(3) IC 33-33-45-38; and
(4) IC 33-33-71-40;
appoint or select a successor to fill the vacancy in office.
(b) The individuals designated by a court are the purchasing agents for that court.
(c) Notwithstanding subsections (a) and (b), if a county has established a purchasing agency for the county, both of the following apply:
(1) The purchasing agency established by the county is the purchasing agency for a circuit or superior
(2) Section 5 of this chapter applies to the purchases of a circuit or superior
(d) Notwithstanding subsections (a) and (b), a court may request
either of the following to be the purchasing agency for the court:
(1) A purchasing agency of the executive branch.
(2) A purchasing agency of a political subdivision.
If a court requests a purchasing agency described in this subsection to
be the purchasing agency for the court, the section of this chapter
applicable to that purchasing agency applies to purchases made for the
court.
(1) A court having probate jurisdiction.
(2) A superior court in a county in which the circuit court has exclusive probate jurisdiction.
(3) A mental health division of a superior court to the extent the mental health division has jurisdiction under
may appoint one (1) or more part-time juvenile court referees.
may appoint one (1) or more part-time juvenile court referees.
(b) If the hedge or other live fence that is the subject of the complaint under subsection (a) has not been cut and trimmed, the township trustee shall give the owner of the hedge or other live fence written notice to cut and trim the hedge or other live fence and to remove the brush to the owner's property within thirty (30) days after receiving the notice.
(c) The notice required under subsection (b) must be served by reading the notice to the owner or by leaving a copy of the notice at the
owner's usual place of residence. If the owner of properties divided by
the hedge or other live fence is not a resident of the township where the
hedge or other live fence is located, the notice shall be served by
mailing a copy of the notice to the owner directed to the owner's last
known post office address.
(d) If the owner or the owner's agents or tenants do not cut and trim
the fences and remove the brush, the trustee shall, immediately after
the expiration of thirty (30) days, cause the hedge or other live fence to
be cut and trimmed and the brush removed to the owner's property.
(e) The trustee shall recover all expenses incurred under subsection
(d) by bringing a suit against the owner of the property on which the
hedge or live fence is situated before the county court, the circuit court
or the superior court of the county in which the hedge or other live
fence is situated. Collection of the expenses and any judgment
recovered shall be without relief from valuation or appraisement laws.
(1) A circuit court.
(2) A superior court.
(b) A case arising under this chapter may be filed on the small claims docket of a court that has jurisdiction.
(b) The application submitted under this section must include the following:
(1) Reasons for the request.
(2) Estimated duration of the need for a senior judge.
application submitted under section 1 of this chapter.
(1) The supreme court.
(2) The court of appeals.
(3) The tax court.
(4) A circuit court.
(5) A superior court.
(6) A juvenile court.
(7) A probate court.
(b) The term does not include a judge of any of the courts listed in subsection (a)(1) through
(b) The supreme court may adopt rules concerning:
(1) certification by the judicial nominating commission; and
(2) appointment by the supreme court;
of senior judges.
(1) original and concurrent jurisdiction in all civil cases and in
all criminal cases; except where exclusive jurisdiction is
conferred by law upon other courts of the same territorial
jurisdiction.
(2) de novo appellate jurisdiction of appeals from city and
town courts; and
(3) in Marion County, de novo appellate jurisdiction of
appeals from township small claims courts established under
IC 33-34.
(b) The circuit court also has the appellate jurisdiction that may be
conferred by law upon it.
(1) All Class D felony cases.
(2) All misdemeanor cases.
(3) All infraction cases.
(4) All ordinance violation cases.
(b) The court shall establish a traffic violations bureau in the manner prescribed by IC 34-28-5-7 through
(1) original and concurrent jurisdiction in all civil cases and in all criminal cases;
(2) de novo appellate jurisdiction of appeals from city and town courts; and
(3) in Marion County, de novo appellate jurisdiction of appeals from township small claims courts established under IC 33-34.
Chapter 1.5. Jurisdiction of Nonstandard Superior Courts
Sec. 1. This chapter applies to a superior court that is not a standard superior court described in IC 33-29-1.
Sec. 2. All superior courts have:
(1) original and concurrent jurisdiction in all civil cases and in all criminal cases;
(2) de novo appellate jurisdiction of appeals from city and town courts; and
(3) in Marion County, de novo appellate jurisdiction of appeals from township small claims courts established under IC 33-34.
(1) original and concurrent jurisdiction
(2) de novo appellate jurisdiction of appeals from city and town courts; and
(3) in Marion County, de novo appellate jurisdiction of appeals from township small claims courts established under IC 33-34.
Chapter 2. Small Claims and Misdemeanor Division
Sec. 1. This chapter applies to each probate court that has a standard small claims and misdemeanor division.
Sec. 2. The small claims and misdemeanor division of the court has the following dockets:
(1) A small claims docket.
(2) A minor offenses and violations docket.
Sec. 3. The small claims docket has jurisdiction over the following:
(1) Civil actions in which the amount sought or value of the property sought to be recovered is not more than six thousand dollars ($6,000). The plaintiff in a statement of claim or the defendant in a counterclaim may waive the excess of any claim that exceeds six thousand dollars ($6,000) in order to bring it within the jurisdiction of the small claims docket.
(2) Possessory actions between landlord and tenant in which the rent due at the time the action is filed does not exceed six thousand dollars ($6,000).
(3) Emergency possessory actions between a landlord and tenant under IC 32-31-6.
Sec. 4. (a) The exceptions provided in this section to formal practice and procedure apply to all cases on the small claims docket.
(b) A defendant is considered to have complied with the statute and rule requiring the filing of an answer upon entering an appearance personally or by attorney. The appearance constitutes a general denial and preserves all defenses and compulsory counterclaims, which may then be presented at the trial of the case.
(c) If, at the trial of the case, the court determines:
(1) that the complaint is so vague or ambiguous that the defendant was unable to determine the nature of the plaintiff's claim; or
(2) 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.
(d) The trial shall be conducted informally, with the objective of
dispensing speedy justice between the parties according to the rules
of substantive law. The trial is not bound by the statutes or rules
governing practice, procedure, pleadings, or evidence except for
provisions relating to privileged communications and offers of
compromise.
Sec. 5. There is no change of venue from the county as of right
in cases on the small claims docket. However, a change of venue
from the judge shall be granted as provided by statute and by rules
of the supreme court.
Sec. 6. (a) The filing of a claim on the small claims docket is
considered a waiver of trial by jury.
(b) The defendant may, not later than ten (10) days following
service of the complaint in a small claims case, demand a trial by
jury by filing an affidavit that:
(1) states that there are questions of fact requiring a trial by
jury;
(2) specifies those questions of fact; and
(3) states that the demand is in good faith.
(c) Notice of the defendant's right to a jury trial, and the ten (10)
day period in which to file for a jury trial, must be clearly stated on
the notice of claim or on an additional sheet to be served with the
notice of claim on the defendant.
(d) Upon the deposit of seventy dollars ($70) in the small claims
docket by the defendant, the court shall transfer the claim to the
plenary docket. Upon transfer, the claim then loses its status as a
small claim.
Sec. 7. (a) The minor offenses and violations docket has
jurisdiction over the following:
(1) All Class D felony cases.
(2) All misdemeanor cases.
(3) All infraction cases.
(4) All ordinance violation cases.
(b) The court shall establish a traffic violations bureau in the
manner prescribed by IC 34-28-5-7 through IC 34-28-5-9.
Sec. 8. (a) The court shall provide by rule for an evening session
to be held once each week.
(b) The court shall hold additional sessions in the evening and
on holidays as necessary to ensure the just, speedy, and inexpensive
determination of every action.
Sec. 9. The court shall comply with all requests made under
IC 33-24-6-3 by the executive director of the division of state court
administration concerning the small claims and misdemeanor
division.
(b) Each superior court shall be a court of record.
(c) Each court shall have a seal containing the words "Clark Superior Court _________ (insert "No. 1", "No. 2", or "No. 3") of Clark
County, Indiana".
(d) Clark superior court No. 3 has a standard small claims and
misdemeanor docket.
(b) There are two (2) judges of the Franklin circuit court.
(1) has been taken into custody in the county; and
(2) has allegedly committed an act that would be a misdemeanor traffic offense if committed by an adult.
constitutes the seventy-eighth judicial circuit.
(b) The Owen circuit court has a standard small claims and
misdemeanor division.
misdemeanor division.
(b) The rules of procedure for appeals must be in accordance with the rules established by the circuit court and superior court.
(c) The appellant shall pay all costs necessary for the filing of the case in the circuit court or superior court, as if the appeal were a case that had been filed initially in that court.
(b) An appeal from a judgment of a town court may be taken to the superior,
(c) A prisoner against whom punishment is adjudged by a city court may appeal to the circuit, superior, or probate court of the county within thirty (30) days after the judgment. If the prisoner, within the thirty (30) days, enters into recognizance for
below.
(1) Circuit courts (Article 7, Section 7 of the Constitution of the State of Indiana, IC 33-28, and IC 33-33).
(2) Superior courts (IC 33-29 and IC 33-33).
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-6(a)(1) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) The county auditor shall determine the amount to be distributed to each city and town qualified under subsection (a) as follows:
STEP ONE: Determine the population of the qualified city or town.
STEP TWO: Add the populations of all qualified cities and towns determined under STEP ONE.
STEP THREE: Divide the population of each qualified city and town by the sum determined under STEP TWO.
STEP FOUR: Multiply the result determined under STEP THREE for each qualified city and town by the amount of the qualified municipality share.
(c) The county auditor shall distribute semiannually to each city and town described in subsection (a) the amount computed for that city or town under STEP FOUR of subsection (b).
(d) This section applies after June 30, 2005.
(1) judicial circuit containing more than one (1) county;
shall be paid two thousand dollars ($2,000) per year to reimburse the judge for traveling and other necessary expenses. Two thousand dollars ($2,000) for each judge is appropriated annually from the state general fund not otherwise appropriated.
(b) The membership of the judicial conference consists of the following:
(1) All justices of the supreme court.
(2) All judges of the court of appeals.
(3) The judge of the tax court.
(4) All circuit, superior, and probate
(5) All municipal court judges who are serving on a full-time basis.
(6) Any retired judge who serves as a special judge and notifies the conference of the service.
(c) A full-time magistrate under IC 33-23-5 is a nonvoting member of the conference.
(1) a competent attorney admitted to the practice of law in Indiana; and
(2) a resident of the judicial district of the court after the temporary judge's appointment.
The temporary judge's appointment must be in writing. The temporary judge continues in office until removed by the judge.
(b) A temporary juvenile law judge may be appointed under this subsection for the exclusive purpose of hearing cases arising under IC 31-30 through IC 31-40. The appointment shall be made under an agreement between at least two (2) judges of courts located:
(1) in the same county; or
(2) in counties that are adjacent to each other.
(c) An agreement under subsection (b) must:
(1) be filed with the circuit court clerk of each county in which a court subject to the agreement is located;
(2) specify the duration of the agreement, which may not exceed one (1) year; and
(3) permit a judge to end the participation of a court in the agreement.
(1) Take and certify all acknowledgments of deeds, mortgages, or other instruments of writing required or authorized by law to be acknowledged.
(2) Administer oaths generally.
(3) Take and certify affidavits, examinations, and depositions.
(4) Perform any duty conferred upon a notary public by Indiana statutes.
(b) Any official reporter taking examinations and depositions may:
(1) take them in shorthand;
(2) transcribe them into typewriting or longhand; and
(3) have them signed by the deposing witness.
(c) Before performing any official duty as authorized, an official reporter must:
(1) provide a bond as is required for notaries public; and
(2) procure a seal that will stamp a distinct impression indicating the reporter's official character, to which may be added any other device as the reporter chooses.
(1) in person; or
(2) represented by an attorney.
(b) If the state of Indiana is a party to a civil action filed on the small claims docket of a circuit court or superior court,
(c) A corporation and any organization required to make application to the secretary of state under IC 25-11-1-3 must appear by attorney in all cases. However, corporations organized under:
(1) IC 23-1;
(2) IC 23-1.5;
(3) IC 23-7-1.1 (before its repeal on August 1, 1991); or
(4) IC 23-17;
are not required to appear by attorney in civil cases filed on a small claims docket of a circuit or superior
(1) in the name of the state or the state and the unit that employed the law enforcement officers who made the seizure if the state was not the employer; and
(2) within the period that a prosecution may be commenced under IC 35-41-4-2 for the offense that is the basis for the seizure.
(b) If the property seized was a vehicle or real property, the prosecuting attorney shall serve, under the Indiana Rules of Trial Procedure, a copy of the complaint upon each person whose right, title, or interest is of record in the bureau of motor vehicles, in the county recorder's office, or other office authorized to receive or record vehicle or real property ownership interests.
(c) The owner of the seized property, or any person whose right, title, or interest is of record may, within twenty (20) days after service of the complaint under the Indiana Rules of Trial Procedure, file an answer to the complaint and may appear at the hearing on the action.
(d) If, at the end of the time allotted for an answer, there is no answer on file, the court, upon motion, shall enter judgment in favor of the state and the unit (if appropriate) for reimbursement of law enforcement costs and shall order the property disposed of in accordance with section 4 of this chapter.
(1) The sum of twenty dollars ($20) per day for each day or part of a day actually served.
(2) For each mile necessarily traveled each day in going to and returning from the place where the court is being held, a sum for mileage equal to that sum per mile paid to state officers and employees. The rate per mile shall change each time the state government changes its rate per mile.
(b) If such judge pro tempore is a resident of another county, the
judge pro tempore shall be paid an additional sum of twenty dollars
($20) for each day or part of a day actually served, making a total of
forty dollars ($40).
(c) The judge pro tempore shall be paid on the presentation of:
(1) an order made by the court for the allowance, specifying the
days of service and mileage, if any, supported by the affidavit of
the judge pro tempore that the judge pro tempore actually served
the days, and the miles traveled were necessary; and
(2) an affidavit of the regular judge stating the reason for the
service of the judge pro tempore.
(d) The payment under subsection (c) shall be paid out of the county
treasury for the time being, for which the county shall have credit on
settlement with the treasurer of state.
(e) In change of venue from one (1) court to another court of the
same county, or from one (1) judge to another judge of the same
county, the compensation provided for in this section does not apply,
unless the other court or judge to which the change is taken is situated
in another city in the same county.
(f) A full-time judge of a circuit or superior or county court may not
be paid compensation for serving as a special judge, except reasonable
expenses for meals, lodging, travel, and other incidental expenses
approved by the state court administrator.
(1) by any law enforcement officer;
(2) on any day of the week; and
(3) at any time of the day or night.
(b) A law enforcement officer may break open any outer or inner door or window in order to execute an arrest warrant, if
(c) The accused person shall be delivered to the sheriff of the county in which the indictment or information was filed, and the sheriff shall commit the accused person to jail or hold
(d) A person or persons whose property is wrongfully damaged or whose person is wrongfully injured by any law enforcement officer or officers who wrongfully enter may recover such damage from the responsible authority and the law enforcement officer or officers as the court may determine. The action may be filed in the circuit court or
superior court or county court in the county where the wrongful entry
took place.
(b) A search warrant must be:
(1) executed not more than ten (10) days after the date of issuance; and
(2) returned to the court without unnecessary delay after the execution.
(c) A search warrant may be executed:
(1) on any day of the week; and
(2) at any time of the day or night.
(d) A law enforcement officer may break open any outer or inner door or window in order to execute a search warrant, if
(e) A person or persons whose property is wrongfully damaged or whose person is wrongfully injured by any law enforcement officer or officers who wrongfully enter may recover such damage from the responsible authority and the law enforcement officer or officers as the court may determine. The action may be filed in the circuit court or superior court
(1) a superior
(2) two (2) or more courthouses in which branches of county offices are maintained;
the deputies in charge of the various courts or branches rank as, and shall be compensated as, first or chief deputies.
; (11)SB0212.1.63. --> SECTION 63. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 3-8-1-18; IC 33-23-7; IC 33-30; IC 33-31-1-10; IC 33-31-1-23; IC 33-33-1-4; IC 33-33-1-5; IC 33-33-2-20; IC 33-33-3-7; IC 33-33-3-8; IC 33-33-5-5; IC 33-33-5-6; IC 33-33-6-5; IC 33-33-6-7; IC 33-33-6-8; IC 33-33-8-4; IC 33-33-8-5; IC 33-33-9-5; IC 33-33-9-6; IC 33-33-11-5; IC 33-33-11-6; IC 33-33-12-4; IC 33-33-12-5; IC 33-33-14-4; IC 33-33-14-5; IC 33-33-15-5; IC 33-33-15-6; IC 33-33-16-4; IC 33-33-16-5; IC 33-33-17-6;
IC 33-33-17-7; IC 33-33-19-5; IC 33-33-19-6; IC 33-33-20-6; IC 33-33-20-7; IC 33-33-21-4; IC 33-33-21-5; IC 33-33-22-5; IC 33-33-22-7; IC 33-33-25-4; IC 33-33-25-5; IC 33-33-26-4; IC 33-33-26-5; IC 33-33-27-9; IC 33-33-27.2-6; IC 33-33-27.3-4; IC 33-33-27.3-12; IC 33-33-28-4; IC 33-33-28-5; IC 33-33-29-7; IC 33-33-29-8; IC 33-33-30-9; IC 33-33-30-10; IC 33-33-31-4; IC 33-33-31-5; IC 33-33-32-8; IC 33-33-32-9; IC 33-33-33-6; IC 33-33-33-7; IC 33-33-34-18; IC 33-33-34-19; IC 33-33-35-5; IC 33-33-35-6; IC 33-33-36-4; IC 33-33-36-5; IC 33-33-37-7; IC 33-33-37-8; IC 33-33-38-4; IC 33-33-38-5; IC 33-33-39-4; IC 33-33-39-5; IC 33-33-40-4; IC 33-33-40-5; IC 33-33-41-7; IC 33-33-41-8; IC 33-33-42-6; IC 33-33-42-7; IC 33-33-43-6; IC 33-33-43-7; IC 33-33-44-4; IC 33-33-44-5; IC 33-33-46-7; IC 33-33-46-8; IC 33-33-47-8; IC 33-33-47-9; IC 33-33-48-10; IC 33-33-48-11; IC 33-33-49-9; IC 33-33-50-4; IC 33-33-50-5; IC 33-33-52-4; IC 33-33-52-5; IC 33-33-54-4; IC 33-33-54-6; IC 33-33-55-9; IC 33-33-55-10; IC 33-33-56-5; IC 33-33-56-6; IC 33-33-57-4; IC 33-33-57-5; IC 33-33-59-5; IC 33-33-59-6; IC 33-33-64-5; IC 33-33-64-22; IC 33-33-65-4; IC 33-33-65-5; IC 33-33-66-4; IC 33-33-66-5; IC 33-33-67-5; IC 33-33-67-6; IC 33-33-68-4; IC 33-33-68-5; IC 33-33-69-4; IC 33-33-69-5; IC 33-33-70-4; IC 33-33-70-5; IC 33-33-71-8; IC 33-33-71-9; IC 33-33-72-4; IC 33-33-72-5; IC 33-33-73-6; IC 33-33-73-7; IC 33-33-76-4; IC 33-33-76-5; IC 33-33-77-4; IC 33-33-77-5; IC 33-33-79-6; IC 33-33-79.2-6; IC 33-33-79.3-4; IC 33-33-79.4-4; IC 33-33-79.4-13; IC 33-33-82-9; IC 33-33-82-10; IC 33-33-84-5; IC 33-33-84-21; IC 33-33-85-4; IC 33-33-85-5; IC 33-33-87-6; IC 33-33-87-15; IC 33-33-88-4; IC 33-33-88-5; IC 33-33-89-7; IC 33-33-89.2-7; IC 33-33-89.3-4; IC 33-33-89.3-12; IC 33-33-90-4; IC 33-33-90-5; IC 33-33-91-4; IC 33-33-91-5; IC 33-33-92-5; IC 33-33-92-6; IC 34-28-5-10.