CHAPTER 5. TERMS AND POWERS OF SUPERIOR COURTS
IC 33-29-5
Chapter 5. Terms and Powers of Superior Courts
IC 33-29-5-1
Application
Sec. 1. (a) Except as provided in subsection (b), terms and powers
described in this chapter apply to superior courts except as otherwise
provided in the particular statute creating the superior court for a
particular county.
(b) Section 7 of this chapter applies to all superior courts.
As added by P.L.98-2004, SEC.8.
IC 33-29-5-2
Terms of court
Sec. 2. (a) If a superior court consists of more than one (1) judge,
the court shall hold general and special terms.
(b) A general term of the superior court may be held by a majority
of the judges and a special term by any one (1) or more of the judges.
General and special terms may be held at the same time, as the
judges of the court may direct. If a general or special term is held, the
terms shall be taken and considered to have been held by the
authority and direction of the judges.
As added by P.L.98-2004, SEC.8.
IC 33-29-5-3
General powers
Sec. 3. (a) The superior court, at general or special term, may do
the following:
(1) Issue and direct all process to courts of inferior jurisdiction,
and to corporations and individuals, which shall be necessary in
exercising its jurisdiction, and for the regular execution of the
law.
(2) Make all proper judgments, sentences, decrees, orders, and
injunctions.
(3) Issue all process and executions.
(4) Do other acts necessary to carry into effect subdivisions (1)
through (3) in conformity with the Constitution of the State of
Indiana and laws of Indiana.
(b) The court shall, at times as the business of the court may
require, meet in general term, and may, at any time, make a
distribution and redistribution of the business of the court to special
term, as it considers proper.
(c) Each judge holding court at special term shall transact the
business assigned to the judge. However, the judge may call one (1)
or more of the other judges of the court to sit with the judge in
special term to consider any matter pending before the judge.
(d) The court, at special term, may hear and dispose of business
distributed to it by the general term. The court may, at special or
general term:
(1) vacate or modify its own judgments or orders, rendered at
either special or general term; and
(2) enter judgments by confession, as is vested by law in circuit
courts.
As added by P.L.98-2004, SEC.8.
IC 33-29-5-4
Special powers
Sec. 4. The judges of the superior court, individually or
collectively, may do the following:
(1) Grant restraining orders and injunctions.
(2) Issue writs of habeas corpus, and of mandate and
prohibition.
(3) Appoint receivers, master commissioners, and
commissioners to convey real property.
(4) Grant commissions for the examination of witnesses.
(5) Appoint other officers necessary to facilitate and transact
the business of the court as is conferred on judges of circuit
courts.
As added by P.L.98-2004, SEC.8.
IC 33-29-5-5
Change of venue; transfers to circuit court
Sec. 5. When any reason for a change of venue is shown to exist
from any of the judges, the remaining judge or judges alone shall act.
However, when all the judges are incompetent to act, the case shall
be transferred to the circuit court of the county.
As added by P.L.98-2004, SEC.8.
IC 33-29-5-6
Direct appeals to supreme court or court of appeals
Sec. 6. (a) In all cases where a person has the right of appeal from
the circuit to the supreme court or court of appeals, an appeal may be
taken directly to the supreme court or court of appeals from any
order or judgment of the superior court.
(b) Appeals described in subsection (a) are governed by the law
regulating appeals from the circuit court to the supreme court or
court of appeals.
(c) Appeals from the special to the general term are abolished.
As added by P.L.98-2004, SEC.8.
IC 33-29-5-7
Superior court judges; eligibility
Sec. 7. To be eligible to hold office as a judge of a superior court,
a person must be a resident of the judicial circuit that the judge
serves.
As added by P.L.98-2004, SEC.8.