IC 33-33-79
Chapter 79. Tippecanoe County
IC 33-33-79-1
Application
Sec. 1. IC 33-29-1 does not apply to this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-2
Judicial circuit
Sec. 2. Tippecanoe County constitutes the twenty-third judicial
circuit.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-3
Establishment of superior court; election of judge
Sec. 3. (a) There is established a court of record to be known as
the superior court of Tippecanoe County.
(b) The superior court has one (1) judge, who shall hold office for
six (6) years, beginning on the first day of January after the judge's
election, and until the judge's successor is elected and qualified. The
judge shall be elected every six (6) years at the general election.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-4
Seal
Sec. 4. The judge of the superior court shall cause to be provided
a seal for the court. The seal must contain on its face the words
"Superior Court of Tippecanoe County". A description and
impression of the seal shall be spread upon the order book of the
court.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-5
Location of court sessions
Sec. 5. The superior court shall hold its sessions at the Tippecanoe
County courthouse or at any other convenient place as the board of
county commissioners or the judge of the court may provide in
Lafayette.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-6
Jurisdiction
Sec. 6. The superior court has the same original and appellate
jurisdiction possessed by the Tippecanoe circuit court in civil and
criminal cases, but not in matters of probate or juvenile jurisdiction.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-7
Process of court
Sec. 7. The process of the superior court must have the seal
affixed, and be attested, directed, served, returned, and in the form
as is provided for process issuing from the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-8
Court of record; force and effect of judgments and orders
Sec. 8. The superior court is a court of record and of general
jurisdiction, and its judgments, decrees, orders, and proceedings have
the same force and effect as those of the circuit court and shall be
enforced in the same manner.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-9
Power of court or judge
Sec. 9. The superior court may:
(1) issue and direct all process to courts of inferior jurisdiction,
corporations, and individuals necessary in exercising the court's
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; and
(4) perform other acts necessary to implement this chapter;
in conformity with the Constitution of the State of Indiana and
Indiana law.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-10
Power of judge same as circuit court judge
Sec. 10. The judge of the court may grant restraining orders and
injunctions; issue writs of habeas corpus and of mandate and
prohibition; appoint receivers, master commissioners, and
commissioners to convey real property; grant commissions for the
examination of witnesses; and appoint other officers necessary to
facilitate and transact the business of said court, conferred on circuit
courts or circuit court judges.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-11
Power and authority of judge
Sec. 11. (a) The judge of the court:
(1) may make and adopt rules and regulations for conducting
the business of the court; and
(2) has the power incident to a court of record in relation to the
attendance of witnesses, the punishment of contempts, and the
enforcement of its orders.
(b) The judge of the court may:
(1) administer oaths;
(2) solemnize marriages;
(3) take and certify acknowledgments of deeds; and
(4) give all necessary certificates for the authentication of the
records and proceedings in the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-12
Adverse or pecuniary interest of judge
Sec. 12. If the judge of the court is interested, or in the progress
of the cause becomes interested, in an action or a matter pending in
the court, the action or matter shall be removed for hearing and
determination to the Tippecanoe circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-13
Affidavit for change of venue
Sec. 13. (a) When an affidavit for a change of venue is filed in the
superior court for any of the causes described in IC 34-35-1-1(1),
IC 34-35-1-1(2), IC 34-35-1-1(6), or IC 34-35-1-1(7), a judge of the
circuit or a superior court shall be called to hear and determine the
cause as provided by law for changes of venue in causes pending in
the circuit court.
(b) If the causes are alleged in the affidavit and described in
IC 34-35-1-1(3), IC 34-35-1-1(4), and IC 34-35-1-1(5), the change of
venue shall be granted and the cause directed to the circuit court of
some other county, as provided in cases of changes of venue from the
circuit court. The court to which the case is sent has jurisdiction to
hear and determine the cause and render judgment.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-14
Dockets; books and papers
Sec. 14. The clerk shall, under the direction of the judge, provide
for the court, order books, judgment dockets, execution dockets, fee
books, and other books as necessary, and all the books, papers, and
proceedings of the court shall be kept distinct and separate from
those of other courts.
As added by P.L.98-2004, SEC.12.
IC 33-33-79-15
Appeals from superior court
Sec. 15. In a case where, under state law, a person has the right of
appeal from the circuit court to the supreme court, an appeal may be
had from the superior court.
As added by P.L.98-2004, SEC.12.