Sec. 1. Whenever the clerk of the circuit court, superior court, or probate court with jurisdiction in the county where an officer resides determines or a voter eligible to vote for an officer files an affidavit with the clerk stating that:

(1) the sureties for the official bond of an officer have ceased to do business in Indiana;

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Terms Used In Indiana Code 5-4-4-1

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Probate: Proving a will
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
  • Summons: Another word for subpoena used by the criminal justice system.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) the security for an official bond of an officer has become insufficient; or

(3) the penalty has become inadequate to secure the faithful performance of the duties of an officer’s office by the diminution of the penalty by suit, an increase of liabilities from the enactment of statutes after the commencement of an officer’s term, or other sufficient cause;

the clerk shall issue a writ to the sheriff commanding the officer to appear before the judge of the circuit court, superior court, or probate court with jurisdiction in the county in which the officer resides ten (10) days after the service of process and answer the complaint. The summons shall be served, return made, and fees charged as in the case of other summons.

Formerly: Acts 1852, 1RS, c.12, s.1. As amended by P.L.1-1990, SEC.52; P.L.84-2016, SEC.21.

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