Indiana Code 33-38-10-2. Persons who may act as private judge
(1) has been but is not currently a judge of a circuit, superior, criminal, probate, municipal, or county court and has served in the capacity of judge for at least four (4) consecutive years;
Terms Used In Indiana Code 33-38-10-2
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Probate: Proving a will
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(3) is a resident of Indiana;
may act as judge for certain cases under this chapter.
(b) A person may act as a judge of a case under this chapter only if:
(1) all parties to the action file a written petition with the chief administrative officer of the office of judicial administration consenting to the case being heard by a private judge, and naming the person whom the parties wish to have as private judge;
(2) the case is one over which the court in which the former judge served would have had subject matter and monetary jurisdiction;
(3) the case is founded exclusively on contract, tort, or a combination of contract and tort; and
(4) the case is one in which a utility (as defined in IC 8-1-2-1) is not a party.
[Pre-2004 Recodification Citation: 33-13-15-2.]
As added by P.L.98-2004, SEC.17. Amended by P.L.161-2018, SEC.100.