CHAPTER 6. TRANSFER OF ACTION TO CIRCUIT COURT
IC 33-29-6
Chapter 6. Transfer of Action to Circuit Court
IC 33-29-6-1
Superior court judge transfer motion
Sec. 1. In all counties that contain circuit and superior courts, the
judge of the superior court may, upon the judge's own motion,
transfer any case filed and docketed in the superior court to the
circuit court to be redocketed and disposed of as if originally filed
with the circuit court if:
(1) any reason for change of venue from the judge of the
superior court is shown to exist as provided by law;
(2) more cases are filed in the superior court during any term of
the superior court than can be disposed of with expedition; and
(3) in the opinion of the superior court, an early disposition of
the case is required.
As added by P.L.98-2004, SEC.8.
IC 33-29-6-2
Transfers from circuit court to superior court; grounds
Sec. 2. In all counties with circuit and superior courts, the judge
of the circuit court may, with the consent of the judge of the superior
court, transfer any action, cause, or proceedings filed and docketed
in the circuit court to the superior court by transferring all original
papers and instruments filed in the action, cause, or proceeding
without further transcript to be redocketed and disposed of as if
originally filed with the superior court, provided the action, cause, or
proceeding could have been originally filed and docketed in the
superior court, in any of the following instances:
(1) Whenever more cases are filed in the circuit court during
any year than can be disposed of with expedition.
(2) In all other cases where, in the opinion of the circuit court
judge, an early disposition of the case is required.
As added by P.L.98-2004, SEC.8.
IC 33-29-6-3
Transfers from superior court to circuit court; grounds
Sec. 3. In all counties with circuit and superior courts, the judge
of the superior court may, with the consent of the judge of the circuit
court, transfer any action, cause, or proceedings filed and docketed
in the superior court to the circuit court by transferring all original
papers and instruments filed in the action, cause, or proceeding
without further transcript to be redocketed and disposed of as if
originally filed with the circuit court, in any of the following
instances:
(1) Whenever more cases are filed in the superior court during
any year than can be disposed of with expedition.
(2) In all other cases where, in the opinion of the superior court
judge, an early disposition of the case is required.
As added by P.L.98-2004, SEC.8.
IC 33-29-6-4
Transfers to special judge
Sec. 4. Whenever a special judge has been designated in any
action, cause, or proceeding, and the special judge is the elected
qualified and acting judge of a circuit, superior, or probate court in
the county having jurisdiction of the subject matter of the action,
cause, or proceeding, the regular judge of the court in which the
action, cause, or proceeding is pending may, after the designation of
a special judge, with the consent of the special judge, transfer the
action, cause, or proceeding to the court presided over by the special
judge by transferring all original papers and instruments filed in the
action, cause, or proceeding, without further transcript to be
redocketed and disposed of as if originally filed with the court to
which the action, cause, or proceeding is transferred.
As added by P.L.98-2004, SEC.8.