Terms Used In Indiana Code > Title 33 > Article 38 - Judges

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Americans with Disabilities Act: refers to the Americans with Disabilities Act (Indiana Code 33-38-6-1
• Americans with Disabilities Act: refers to the Americans with Disabilities Act (Indiana Code 33-38-7-2
• Americans with Disabilities Act: refers to the Americans with Disabilities Act (Indiana Code 33-38-8-2
• Amortization: Paying off a loan by regular installments.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• board: refers to the board of trustees of the Indiana public retirement system established by Indiana Code 33-38-6-2
• board: refers to the board of trustees of the Indiana public retirement system. See Indiana Code 33-38-6.9-1
• board: refers to the board of trustees of the Indiana public retirement system established by Indiana Code 33-38-7-3
• board: refers to the board of trustees of the Indiana public retirement system established by Indiana Code 33-38-8-3
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Chambers: A judge's office.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• commission: means the commission on judicial qualifications described in Article 7, § 9 of the Constitution of the State of Indiana. See Indiana Code 33-38-13-2
• commission: means the commission on judicial qualifications described in Article 7, § 9 of the Constitution of the State of Indiana. See Indiana Code 33-38-14-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• counsel: means the lawyer designated by the commission to:

  Indiana Code 33-38-13-3

• counsel: means the lawyer designated by the commission to:

  Indiana Code 33-38-14-3

• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• employer: means the state of Indiana. See Indiana Code 33-38-6-3
• employer: means the state of Indiana. See Indiana Code 33-38-8-4
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• expenses: includes the following:

  Indiana Code 33-38-12-2

• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• fund: refers to the Indiana judges' retirement fund established by section 12 of this chapter. See Indiana Code 33-38-6-5
• fund: refers to the Indiana judges' retirement fund established by IC 33-38-6-12. See Indiana Code 33-38-7-5
• fund: refers to the Indiana judges' retirement fund established by IC 33-38-6-12. See Indiana Code 33-38-8-5
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• judge: means a person who serves or has served as a regular judge or justice of one (1) or more of the following courts:

  Indiana Code 33-38-6-7

• judge: means an individual who holds or formerly held one (1) of the following offices or appointments:

  Indiana Code 33-38-12-3

• judge: means a judge of the court of appeals. See Indiana Code 33-38-13-4
• judge: means a judge of a superior or probate court. See Indiana Code 33-38-14-4
• judge pro tempore service: means service in Indiana as a full-time judge pro tempore appointed under Trial Rule 63(B) that:

  Indiana Code 33-38-6-8

• 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
• judicial conference: refers to the judicial conference of Indiana established by section 3 of this chapter. See Indiana Code 33-38-9-1
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• mail: includes ordinary mail or personal delivery. See Indiana Code 33-38-13-5
• mail: includes ordinary mail or personal delivery. See Indiana Code 33-38-14-5
• masters: means the special masters appointed by the chief justice upon request of the commission. See Indiana Code 33-38-13-6
• masters: means the special masters appointed by the chief justice upon request of the commission. See Indiana Code 33-38-14-6
• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• participant: means a judge who participates in the fund. See Indiana Code 33-38-6-9
• participant: means a judge who participates in the fund. See Indiana Code 33-38-7-7
• participant: means a judge who participates in the fund. See Indiana Code 33-38-8-7
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Population: has the meaning set forth in Indiana Code 1-1-4-5
• presiding master: means the master so designated by the chief justice or, in the absence of a designation, the justice or judge named in the order appointing masters. See Indiana Code 33-38-13-7
• presiding master: means the master so designated by the chief justice or, in the absence of a designation, the justice or judge named in the order appointing masters. See Indiana Code 33-38-14-7
• 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
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Quorum: The number of legislators that must be present to do business.
• Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• salary: means the total salary paid to a participant by the state and by a county or counties, determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code. See Indiana Code 33-38-6-10
• salary: means the total salary paid to a participant by the state and by a county or counties, determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code. See Indiana Code 33-38-7-8
• salary: means the total salary paid to a participant by the state and by a county or counties, determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code. See Indiana Code 33-38-8-8
• services: means the period beginning on the first day a person first becomes a judge or, after December 31, 2010, a judge or full-time magistrate, and ending on the date under consideration and includes all intervening employment as a judge or, after December 31, 2010, a judge or full-time magistrate. See Indiana Code 33-38-6-11
• services: means the period beginning on the first day a person first becomes a judge, whether the date is before, on, or after March 11, 1953, and ending on the date under consideration and includes all intervening employment as a judge. See Indiana Code 33-38-7-9
• services: means the period beginning on the first day a person first becomes a judge or, after December 31, 2010, a judge or full-time magistrate, and ending on the date under consideration and includes all intervening employment as a judge or, after December 31, 2010, a judge or full-time magistrate. See Indiana Code 33-38-8-9
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.