Sec. 4. (a) A trial conducted by a private judge shall be conducted without a jury.

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Terms Used In Indiana Code 33-38-10-4

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • private judge: means a person who is qualified to act as judge of a case under this chapter. See Indiana Code 33-38-10-1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.
     (b) A person who serves as a private judge has, for each case the private judge hears, the same powers as the judge of a circuit court in relation to:

(1) court procedure;

(2) deciding the outcome of the case;

(3) attendance of witnesses;

(4) punishment of contempts;

(5) enforcement of orders;

(6) administering oaths; and

(7) giving all necessary certificates for the authentication of the records and proceedings.

     (c) All proceedings in an action heard by a private judge are of record and must be:

(1) filed with the clerk of the circuit court in the county of proper venue under the Indiana Rules of Trial Procedure; and

(2) made available to the public in the same manner as circuit court records.

     (d) The Indiana Rules of Trial Procedure apply for all actions brought before a private judge. An appeal from an action or a judgment of a private judge may be taken in the same manner as an appeal from the circuit court of the county where the case is filed.

[Pre-2004 Recodification Citation: 33-13-15-4.]

As added by P.L.98-2004, SEC.17.

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