Ind. Code ch. 33-33-89.3

in effect

Ind. Code § 33-33-89.3-1 Application

Sec. 1. IC 33-29-1 does not apply to this chapter. [2004 Recodification Citation: New.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-89.3-2 Establishment of superior court

Sec. 2. There is established a court of record having general jurisdiction to be known as the Wayne superior court No. 3 (referred to as "the court" in this chapter). The court may have a seal containing the words "Wayne Superior Court No. 3, Wayne County, Indiana". Wayne County comprises the judicial district of the court. [Pre-2004 Recodification Citation: 33-5-48-1.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-89.3-3 Judge; election

Sec. 3. (a) The court has one (1) judge, who shall be elected at the general election every six (6) years in Wayne County. The judge's term begins January 1 following the judge's election and ends December 31 following the election of the judge's successor. (b) To be eligible to hold office as judge of the court, a person must: (1) be a resident of Wayne County; (2) be admitted to the bar of Indiana; and (3) have practiced law at least five (5) years. [Pre-2004 Recodification Citation: 33-5-48-2.] As added by P.L.98-2004, SEC.12. Amended by P.L.161-2011, SEC.18; P.L.201-2011, SEC.98.

Ind. Code § 33-33-89.3-4 Repealed

[Pre-2004 Recodification Citation: 33-5-48-3.] As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.

Ind. Code § 33-33-89.3-5 Judicial powers

Sec. 5. The judge of the court has the same powers relating to the conduct of business of the court as the judge of the Wayne circuit court and the judges of Wayne superior courts No. 1 and No. 2. The judge has all powers incident to a court of record in relation to the attendance of witnesses and punishment for contempt, and the power to enforce the judge's orders. The judge may administer oaths, solemnize marriages, take and certify acknowledgements of deeds, and give all necessary certificates for the authentication of records and proceedings of the judge's court. [Pre-2004 Recodification Citation: 33-5-48-4.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-89.3-6 Personnel

Sec. 6. The judge of the court may appoint a bailiff, official court reporter, referee, commissioner, and any other personnel as the judge considers necessary to facilitate and transact the business of the court. The judge of the court shall fix their compensation within the limits and in the manner as provided by law concerning these officers and employees. These personnel serve at the pleasure of the court and are paid monthly in the manner of payment for officers and employees of Wayne circuit court and Wayne superior courts No. 1 and No. 2. [Pre-2004 Recodification Citation: 33-5-48-8.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-89.3-7 Books, dockets, and papers

Sec. 7. The clerk, under the direction of the judge of the court, shall provide order books, judgment dockets, execution dockets, fee books, and other books for the court, which shall be kept separately from the books and papers of other courts. [Pre-2004 Recodification Citation: 33-5-48-9.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-89.3-8 Location of court sessions

Sec. 8. (a) The court shall hold its sessions in a place to be determined and provided by the county council of Wayne County. (b) The board of county commissioners of Wayne County: (1) shall provide and maintain in the courthouse a suitable and convenient courtroom for holding the court and suitable and convenient jury room and offices for the judge, official court reporter, and staff of the court; and (2) shall provide all necessary furniture and equipment for the rooms, offices, and employees of the court and all necessary dockets, books, and records for the court. (c) The county council shall make all necessary appropriations from the general fund of the county for the purpose of carrying out this chapter. [Pre-2004 Recodification Citation: 33-5-48-10.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-89.3-9 Repealed

[Pre-2004 Recodification Citation: 33-5-48-11.] As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.

Ind. Code § 33-33-89.3-10 Sitting of judges

Sec. 10. The judges of the Wayne circuit court and Wayne superior courts No. 1 and No. 2 may, with the consent of the judge of the court, sit as judge of the court in any matter in the small claims and minor offenses division of the court, as if the judge were an elected judge of the court. [Pre-2004 Recodification Citation: 33-5-48-13.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-89.3-11 Transfer of actions and proceedings

Sec. 11. The judges of the Wayne circuit court and Wayne superior courts No. 1 and No. 2 may, with the consent of the judge of the court, transfer any action, cause, or proceeding filed and docketed in the Wayne circuit court, Wayne superior court No. 1, or Wayne superior court No. 2, to the court by transferring all original papers and instruments filed in such an action, cause, or proceeding. The action, cause, or proceeding shall be treated as if originally filed with the court. The judge of the court may, with the consent of the judge of the Wayne circuit court, Wayne superior court No. 1, or Wayne superior court No. 2, transfer any action, cause, or proceeding filed and docketed in the court, except a cause properly docketed in the small claims or minor offenses division of the court, to the Wayne circuit court, Wayne superior court No. 1, or Wayne superior court No. 2, by transferring all original papers and instruments filed in the action, cause, or proceeding. The action, cause, or proceeding shall be treated as if originally filed with the transferee court. However, if any cause, action, or proceeding transferred under this section is later transferred on change of venue to a court of another county or if any cause is appealed to the court of appeals or supreme court of Indiana, then the party taking the change of venue or appeal may have a transcript made of the proceedings in each court, certified by the clerk of that court. The transcript has the same force and effect and gives the court to which it is taken on change of venue or appeal the same jurisdiction, as though this transcript had been originally made when the cause was transferred to the transferee court. [Pre-2004 Recodification Citation: 33-5-48-14.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-89.3-12 Repealed

[Pre-2004 Recodification Citation: 33-5-48-15.] As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/33Fetched: 10/17/2026