Bill Text: IN SB0306 | 2012 | Regular Session | Introduced
Bill Title: City courts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-05 - First reading: referred to Committee on Judiciary [SB0306 Detail]
Download: Indiana-2012-SB0306-Introduced.html
Introduced Version
SENATE BILL No. 306
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 33-35-2; IC 33-37-11-3.
Synopsis: City courts. Increases the jurisdictional amount for certain
city and town courts from $3,000 to $6,000. Specifies that money from
the jury pay fund may be used by a city or town court to supplement the
cost of jury fees.
Effective: July 1, 2012.
Landske
January 5, 2012, read first time and referred to Committee on Judiciary.
Introduced
Second Regular Session 117th General Assembly (2012)
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
SENATE BILL No. 306
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 33-35-2-5; (12)IN0306.1.1. -->
SECTION 1. IC 33-35-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. The city court of
each of the four (4) five (5) cities having the largest populations and
the town court of the town having the largest population in a county
having a population of more than four hundred thousand (400,000) but
less than seven hundred thousand (700,000) have concurrent civil
jurisdiction with the circuit court of the county where the amount in
controversy does not exceed three thousand dollars ($3,000) six
thousand dollars ($6,000). The court has jurisdiction in any action
where the parties or the subject matter are in the county in which the
city or town is located. However, the city or town court does not have
jurisdiction in:
(1) actions for slander or libel;
(2) matters relating to decedents' estates, appointment of guardians, and all related matters;
(3) dissolution of marriage actions; or
(4) injunction or mandate actions.
(1) actions for slander or libel;
(2) matters relating to decedents' estates, appointment of guardians, and all related matters;
(3) dissolution of marriage actions; or
(4) injunction or mandate actions.
SOURCE: IC 33-35-2-6; (12)IN0306.1.2. -->
SECTION 2. IC 33-35-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. A city court in a
third class city that is not a county seat and to which section 5 of this
chapter does not apply has concurrent jurisdiction with the circuit court
in civil cases in which the amount in controversy does not exceed three
thousand dollars ($3,000) six thousand dollars ($6,000). However, the
city court does not have:
(1) jurisdiction in actions for:
(A) slander;
(B) libel;
(C) foreclosure of mortgages on real estate, in which the title to real estate is in issue;
(D) all matters relating to a decedent's estate, appointment of guardians, and all related matters; and
(E) actions in equity; and
(2) original jurisdiction in which the principal defendant resides within another city having a city court with a civil jurisdiction.
Judgments rendered in the city court, when a certified transcript is filed with the clerk of the circuit court, have the same force as judgments rendered in the circuit court.
(1) jurisdiction in actions for:
(A) slander;
(B) libel;
(C) foreclosure of mortgages on real estate, in which the title to real estate is in issue;
(D) all matters relating to a decedent's estate, appointment of guardians, and all related matters; and
(E) actions in equity; and
(2) original jurisdiction in which the principal defendant resides within another city having a city court with a civil jurisdiction.
Judgments rendered in the city court, when a certified transcript is filed with the clerk of the circuit court, have the same force as judgments rendered in the circuit court.
SOURCE: IC 33-37-11-3; (12)IN0306.1.3. -->
SECTION 3. IC 33-37-11-3, AS AMENDED BY P.L.118-2007,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) Upon receipt of monthly claims submitted
on oath to the county fiscal body by a clerk serving the county,
including the clerk of a city or town court, the county fiscal body
shall appropriate from the jury pay fund to the court served by the clerk
an amount to supplement the cost of jury fees.
(b) After all claims received by a county fiscal body during a month have been paid under subsection (a), the county fiscal body may appropriate any unused and unencumbered money remaining in the jury pay fund to maintain and improve the jury system in the county.
(b) After all claims received by a county fiscal body during a month have been paid under subsection (a), the county fiscal body may appropriate any unused and unencumbered money remaining in the jury pay fund to maintain and improve the jury system in the county.