CHAPTER 5. TRANSFER OF CASES, ABSENT JUDGE, AND SPECIAL JUDGE
IC 33-34-5
Chapter 5. Transfer of Cases, Absent Judge, and Special Judge
IC 33-34-5-1
Transfer to other township small claims court
Sec. 1. The circuit court judge may transfer cases from one (1)
township small claims court to another as necessary.
As added by P.L.98-2004, SEC.13.
IC 33-34-5-2
Transfer of cases from another court
Sec. 2. A judge of the circuit or superior court may order a cause
filed in the circuit or superior court to be transferred to the small
claims court if the:
(1) small claims court has jurisdiction of the cause concurrent
with the circuit or superior court; and
(2) judge consents to the transfer.
As added by P.L.98-2004, SEC.13.
IC 33-34-5-3
Interchange of judges
Sec. 3. The judges of the small claims court may sit in place of
each other and perform each other's duties:
(1) at the direction of or with the approval of the circuit court
judge; and
(2) with the consent of the respective judges.
As added by P.L.98-2004, SEC.13.
IC 33-34-5-4
Judge unable to preside; appointment
Sec. 4. (a) If a judge is unable to preside over the judge's small
claims court during any number of days, the judge may appoint in
writing a person qualified to be a small claims judge under
IC 33-34-2-2 to preside in place of the judge.
(b) The written appointment shall be entered on the order book or
record of the circuit court. The appointee shall, after taking the oath
prescribed for the judges, conduct the business of the small claims
court subject to the same rules and regulations as judges and has the
same authority during the continuance of the appointee's
appointment.
(c) The appointee is entitled to the same compensation from the
township trustee as accruable to the small claims judge in whose
place the appointee is serving.
As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006,
SEC.5.
IC 33-34-5-5
Judge's absence
Sec. 5. (a) A judge absent from the bench for more than thirty (30)
days shall deposit the dockets, books, and papers of the office with
the:
(1) small claims judge of another township; or
(2) circuit court;
as directed by the circuit court judge.
(b) A:
(1) judge with whom the docket of another judge is deposited
during a vacancy or an absence; and
(2) successor of any judge who has the dockets of the
successor's predecessor in the successor's possession;
may perform all duties that the judge might do legally in relation to
the judge's own dockets.
(c) Process shall be returned to the judge who has the legal
custody of the docket at the day of return.
As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006,
SEC.6.
IC 33-34-5-6
Special judge
Sec. 6. (a) Only another judge may serve as a special judge in the
small claims court.
(b) Except for mileage and travel expense, a judge serving as a
special judge under this section may not receive compensation in
addition to the salary provided under this article.
As added by P.L.98-2004, SEC.13.