Ind. Code ch. 33-32-2

Ind. Code ch. 33-32-2
in effect

Ind. Code § 33-32-2-1 Clerks in counties with multiple courts

Sec. 1. In a county having one (1) or more superior courts or a county, municipal, or probate court, the clerk shall serve as clerk of the superior, county, and probate court as well as clerk of the circuit court. [Pre-2004 Recodification Citation: 33-17-1-1.] As added by P.L.98-2004, SEC.11.

Ind. Code § 33-32-2-2 Election; term

Sec. 2. A clerk of the circuit court shall be elected under IC 3-10-2-13 by the voters of each county. The term of office of a clerk is four (4) years, continuing until a successor is elected and qualified. [Pre-2004 Recodification Citation: 33-17-1-2.] As added by P.L.98-2004, SEC.11.

Ind. Code § 33-32-2-3 Bond

Sec. 3. In the manner prescribed by IC 5-4-1, the clerk of each county shall execute a bond conditioned upon: (1) the faithful discharge of the duties of the clerk's office; and (2) the proper payment of all money received by the office of the clerk. [Pre-2004 Recodification Citation: 33-17-1-3.] As added by P.L.98-2004, SEC.11.

Ind. Code § 33-32-2-4 Clerk's office

Sec. 4. (a) The board of county commissioners shall provide the clerk with an office at: (1) the county seat; or (2) in Elkhart County, any other place in the county as the board of county commissioners may provide; in a building provided for that purpose. (b) The clerk shall keep the office open on every day of the year except on Sundays and legal holidays. However, the clerk: (1) shall keep the office of the clerk open on those days and times necessary for the proper administration of the election statutes; and (2) may close the office on those days that the judge of the circuit court orders the court closed in accordance with the custom and practice of the county. (c) Any legal action required to be taken in the office of the clerk during the time the office is closed under this section may be taken on the next following day the office is open. [Pre-2004 Recodification Citation: 33-17-1-5.] As added by P.L.98-2004, SEC.11. Amended by P.L.7-2020, SEC.1.

Ind. Code § 33-32-2-5 Administering of oaths

Sec. 5. A clerk may administer all oaths. [Pre-2004 Recodification Citation: 33-17-1-7.] As added by P.L.98-2004, SEC.11.

Ind. Code § 33-32-2-6 Duties concerning elections

Sec. 6. A clerk shall carry out the duties prescribed for a clerk in IC 3 concerning elections. [Pre-2004 Recodification Citation: 33-17-1-8.] As added by P.L.98-2004, SEC.11.

Ind. Code § 33-32-2-7 Table of fees

Sec. 7. A clerk shall post in a conspicuous place in the clerk's office a table of the clerk's fees. If a clerk fails to post a table of fees, a clerk may not demand or receive fees for services rendered. [Pre-2004 Recodification Citation: 33-17-1-6.] As added by P.L.98-2004, SEC.11.

Ind. Code § 33-32-2-8 Purchase of judgment, decree, or allowance prohibited

Sec. 8. The clerk may not become the purchaser of any judgment, decree, or allowance of any court of which the clerk is an officer. All these purchases are void as to the purchaser. [Pre-2004 Recodification Citation: 33-17-1-9.] As added by P.L.98-2004, SEC.11.

Ind. Code § 33-32-2-9 Required training courses

Sec. 9. (a) As used in this section, "training courses" refers to training courses related to the office of circuit court clerk that are compiled or developed by the Association of Indiana Counties and approved by the state board of accounts. (b) An individual elected to the office of circuit court clerk shall complete at least: (1) fifteen (15) hours of training courses within one (1) year; and (2) forty (40) hours of training courses within three (3) years; after the individual is elected to the office of circuit court clerk. (c) An individual first elected to the office of circuit court clerk shall complete five (5) hours of newly elected official training courses before the individual first takes the office of circuit court clerk. A training course that an individual completes under this subsection shall be counted toward the individual's requirements under subsection (b). (d) An individual shall fulfill the training requirements established by subsection (b) for each term to which the individual is elected as circuit court clerk. (e) The failure of an individual to complete the training required by this section does not prevent the individual from taking an office to which the individual was elected. (f) This subsection applies only to an individual appointed to fill a vacancy in the office of circuit court clerk. An individual described in this subsection may, but is not required to, take training courses required by subsection (b). If an individual described in this subsection takes a training course required by subsection (b) for an elected circuit court clerk, the county shall pay for the training course as if the individual had been an elected circuit court clerk. (g) An individual elected to the office of circuit court clerk shall certify completion of the requirements described in subsection (b) every year and file the certification with the state board of accounts in the same manner as the report required in IC 5-11-1-4(a). As added by P.L.45-2010, SEC.1. Amended by P.L.279-2013, SEC.1; P.L.257-2019, SEC.94; P.L.58-2023, SEC.15.

Ind. Code § 33-32-2-9.2 Personal liability of clerk

Sec. 9.2. (a) A clerk is not personally liable for any act or omission occurring in connection with the performance of the clerk's official duties, unless the act or omission constitutes gross negligence or an intentional disregard of the responsibilities of the office of clerk. (b) The fact that a clerk is not personally liable under subsection (a) does not preclude an action against the clerk's bond based on an error or omission committed by the clerk. As added by P.L.60-2010, SEC.2.

Ind. Code § 33-32-2-10 Required mailings

Note: This version of section amended by P.L.41-2015, SEC.1. See also following version of this section amended by P.L.191-2015, SEC.11. Sec. 10. (a) The following definitions apply throughout this section: (1) "Initial mailing" means the service of a complaint, pleading, or similar document on a party upon the commencement of an action. The term does not include any subsequent service, including subsequent service on a party who could have been or should have been served at the commencement of the action. (2) "Registered or certified mail" includes any means of delivery that provides a return receipt. (b) This section applies whenever the clerk is required to send by registered or certified mail a document filed with a court. (c) The initial mailing of the document by registered or certified mail sent: (1) to not more than two (2) parties who are required to receive the mailing; and (2) to only one (1) of the party's addresses; shall be paid out of court costs and fees collected under IC 33-37. (d) If a person requests the clerk to send a mailing by registered or certified mail after the initial mailing described in subsection (c) or to an additional person or party beyond the two (2) parties described in subsection (c), the person shall provide the clerk with the following: (1) An envelope with sufficient postage affixed, addressed to the recipient with the address of the clerk's office as the return address. (2) The United States Postal Service or other forms for registered or certified mail. If return receipt is requested, the forms must be completed so that the clerk's office receives the return receipt. (3) The United States Postal Service or other fee for the appropriate service by registered or certified mail and return receipt, if requested. The clerk may not collect any additional fee for sending a mailing. (e) In a county where court postage costs are paid by the clerk's office, the amount collected by the clerk for additional mailings by registered or certified mail shall be deposited into the clerk's record perpetuation fund established under IC 33-37-5-2. In a county where court postage costs are paid out of the county general fund, the amount collected by the clerk for additional mailings by registered or certified mail shall be returned to the county general fund. As added by P.L.78-2014, SEC.6. Amended by P.L.41-2015, SEC.1.

Ind. Code § 33-32-2-10 Use of registered or certified mail

Note: This version of section amended by P.L.191-2015, SEC.11. See also preceding version of this section amended by P.L.41-2015, SEC.1. Sec. 10. (a) This section applies whenever the clerk is required to send by registered or certified mail a document filed with a court. (b) The initial mailing of the document by registered or certified mail sent: (1) to each party who is required to receive the mailing; and (2) to only one (1) of the party's addresses; shall be paid out of court costs and fees collected under IC 33-37. (c) If a person requests the clerk to send any mailing by registered or certified mail after the initial mailing described in subsection (b), the person shall provide the clerk with the following: (1) An envelope with sufficient postage affixed, addressed to the recipient with the address of the clerk's office as the return address. (2) The United States Postal Service forms for registered or certified mail. If return receipt is requested, the forms must be completed so that the clerk's office receives the return receipt. (3) The United States Postal Service fee for the appropriate service by registered or certified mail and return receipt, if requested. The clerk may not collect any additional fee for sending a mailing. As added by P.L.78-2014, SEC.6. Amended by P.L.191-2015, SEC.11.

Ind. Code § 33-32-2-11 Report by court clerk to Indiana commission on court appointed attorneys

Sec. 11. By January 31 of each year, every clerk shall provide a report to the Indiana commission on court appointed attorneys concerning the fees the clerk deposited and transferred under IC 35-33-7-6 for the previous calendar year. The report must include statistics regarding the number of instances in the previous calendar year that the clerk deposited and transferred fees under IC 35-33-7-6. As added by P.L.111-2024, SEC.2.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/33Fetched: 10/17/2026

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