IC 33-33-73
Chapter 73. Shelby County
IC 33-33-73-1
Judicial circuit
Sec. 1. Shelby County constitutes the sixteenth judicial circuit.
As added by P.L.98-2004, SEC.12.
IC 33-33-73-2
Establishment of standard superior courts
Sec. 2. (a) There are established two (2) courts of record to be
known as the Shelby superior court No. 1 and the Shelby superior
court No. 2.
(b) Except as otherwise provided in this chapter, each Shelby
superior court is a standard superior court as described in IC 33-29-1.
(c) Shelby County comprises the judicial district of the courts.
As added by P.L.98-2004, SEC.12.
IC 33-33-73-3
Judges; location of court sessions
Sec. 3. Each Shelby superior court has one (1) judge who shall
hold sessions in the Shelby County courthouse in Shelbyville.
As added by P.L.98-2004, SEC.12.
IC 33-33-73-4
Transcripts
Sec. 4. (a) This section does not apply to criminal cases.
(b) If the transcript of the original papers in a civil action or
proceeding received by the clerk of the Shelby circuit court and
Shelby superior courts on change of venue from another county
contains an order of the court from which venue was changed
designating the court to which the case is to be transferred, the clerk
shall file the action or proceeding on the docket of the designated
court.
(c) If the transcript of the original papers in a civil action or
proceeding does not contain an order designating the court to which
the case is to be transferred, the clerk shall alternately file each
action or proceeding on the docket of the Shelby circuit court and the
docket of the Shelby superior courts depending on the order and
sequence in which the papers of the cases reach the clerk.
As added by P.L.98-2004, SEC.12.
IC 33-33-73-5
Change of venue
Sec. 5. (a) This section does not apply to criminal cases.
(b) Notwithstanding IC 33-29-1-9, after any action or proceeding
is docketed in a Shelby superior court or the Shelby circuit court on
change of venue, all parties who have appeared in the case in person
or by counsel may agree on and request a transfer from a superior
court to the circuit court or from the circuit court to a superior court.
(c) Upon the agreement of all parties, the court in which the action
is pending shall order the case transferred to the other court. The
clerk shall transmit the original papers of the case to the other court
and docket the case in the other court without any transcript being
required.
(d) All further proceedings in the case shall take place in the court
to which the case is transferred. If the case is one in which the
prosecuting attorney is required to appear and defend and a party
fails to appear or to employ counsel, the prosecuting attorney has the
right to agree to the transfer instead of the nonappearing party or
counsel.
As added by P.L.98-2004, SEC.12.
IC 33-33-73-6
Jurisdiction
Sec. 6. The Shelby superior courts have the same jurisdiction as
the Shelby circuit court, except that Shelby superior court No. 1 has
exclusive juvenile jurisdiction in the county.
As added by P.L.98-2004, SEC.12.
IC 33-33-73-7
Small claims and misdemeanor division
Sec. 7. Shelby superior court No. 2 has a standard small claims
and misdemeanor division.
As added by P.L.98-2004, SEC.12.