Terms Used In Indiana Code > Title 5 > Article 1.2 > Chapter 4 - General Powers and Duties

• account: means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Indiana Code 32-39-1-2
• 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.
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• 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
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• 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
• attorney in fact: includes an attorney in fact granted authority under a durable power of attorney or a nondurable power of attorney. See Indiana Code 32-39-1-3
• 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.
• Bequest: Property gifted by will.
• board: refers to the board of directors of the judicial conference of Indiana under IC 33-38-9-4. See Indiana Code 33-23-16-1
• carries: means engages in the transmission of an electronic communication. See Indiana Code 32-39-1-4
• catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Indiana Code 32-39-1-5
• cause: means a trial, a hearing, an arraignment, a controversy, an appeal, a case, or any business performed within the official duty of a justice, judge, or prosecuting attorney. See Indiana Code 33-23-11-1
• chemical test: means an analysis of an individual's:

  Indiana Code 33-23-16-2

• 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
• close relative: means a person:

  Indiana Code 33-23-11-2

• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• commission: refers to the disciplinary commission created by Admission and Discipline Rule 23. See Indiana Code 33-24-10-2
• community court: means a problem solving court focused on addressing specific neighborhood or local criminal problems by:

  Indiana Code 33-23-16-3

• compensation: means any money, thing of value, or economic benefit conferred on or received by any person in return for services rendered or for services to be rendered, whether by that person or another. See Indiana Code 33-23-11-3
• content of an electronic communication: means information concerning the substance or meaning of the communication that:

  Indiana Code 32-39-1-6

• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• court: means :

  Indiana Code 32-39-1-7

• court employee: means a person employed by any of the following:

  Indiana Code 33-23-12-2

• custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Indiana Code 32-39-1-8
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defense attorney: Represent defendants in criminal matters.
• designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Indiana Code 32-39-1-9
• Devise: To gift property by will.
• digital asset: means an electronic record in which an individual has a right or interest. See Indiana Code 32-39-1-10
• Docket: A log containing brief entries of court proceedings.
• domestic violence court: means a problem solving court focused on the safety of the victim and the defendant's accountability by:

  Indiana Code 33-23-16-4

• drug court: means a problem solving court focused on addressing the substance abuse issues of defendants or juveniles in the criminal justice system by:

  Indiana Code 33-23-16-5

• economic interest: means substantial financial interest in investments, employment, awarding of contracts, purchases, leases, sales, or similar matters. See Indiana Code 33-23-11-4
• electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Indiana Code 32-39-1-11
• electronic communication: has the meaning set forth in Indiana Code 32-39-1-12
• employer: means any person from whom the judge, justice, or prosecuting attorney or the spouse of the judge, justice, or prosecuting attorney receives any nonstate income. See Indiana Code 33-23-11-5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• 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.
• executive secretary: refers to the executive secretary of the disciplinary commission. See Indiana Code 33-24-10-4
• Executor: A male person named in a will to carry out the decedent
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• family dependency drug court: means a problem solving court focused on supporting families that include a child who has been adjudicated a child in need of services and a parent, guardian, or other household member who has substance abuse problems by:

  Indiana Code 33-23-16-6

• Fiduciary: A trustee, executor, or administrator.
• fiduciary: means :

  Indiana Code 32-39-1-14

• 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.
• Fraud: Intentional deception resulting in injury to another.
• fund: refers to the civil legal aid fund established by section 5 of this chapter. See Indiana Code 33-24-12-1
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governmental body: means an agency, a board, or a commission of the legislative, executive, or judicial branch of state government. See Indiana Code 33-23-8-1
• 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.
• guardian: means a person appointed by a court to manage the estate of a living individual. See Indiana Code 32-39-1-15
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• indigent: means an individual whose income is not more than one hundred twenty-five percent (125%) of the federal income poverty level as determined annually by the federal Office of Management and Budget under Indiana Code 33-24-12-2
• information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Indiana Code 32-39-1-16
• information of a confidential nature: means information that:

  Indiana Code 33-23-11-6

• judge: means a judge of the court of appeals, the tax court, or a circuit, superior, county, small claims, or probate court, city court, or town court. See Indiana Code 33-23-11-7
• judge: has the meaning set forth in IC 33-38-12-3. See Indiana Code 33-23-13-1
• 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
• 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.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• legal services provider: means a private, nonprofit organization incorporated and operated exclusively in Indiana, the primary function and purpose of which is to provide civil legal services without charge to the indigent. See Indiana Code 33-24-12-3
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• license: means an occupational or a professional license, registration, permit, or certificate issued by a governmental body. See Indiana Code 33-23-8-2
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• mental health court: means a problem solving court focused on addressing the mental health needs of individuals in the court system by:

  Indiana Code 33-23-16-7

• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Indiana Code 32-39-1-17
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: means any individual, proprietorship, partnership, unincorporated association, trust, business trust, group, limited liability company, or corporation, whether or not operated for profit, or a governmental agency or political subdivision. See Indiana Code 33-23-11-8
• person: means :

  Indiana Code 32-39-1-18

• Personal property: All property that is not real property.
• Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
• personal representative: means an executor, an administrator, a special administrator, or a person that performs substantially the same function as an executor, administrator, or special administrator under the law of Indiana other than this article. See Indiana Code 32-39-1-19
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Population: has the meaning set forth in Indiana Code 1-1-4-5
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• power of attorney: means a record that grants an attorney in fact authority to act in the place of a principal. See Indiana Code 32-39-1-20
• principal: means an individual who grants authority to an attorney in fact in a power of attorney. See Indiana Code 32-39-1-21
• prior law: refers to the statutes concerning courts and court officers that are repealed or amended in the recodification act of the 2004 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 2004 regular session of the general assembly. See Indiana Code 33-22-1-1
• 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.
• problem solving court: means a court providing a process for immediate and highly structured judicial intervention for eligible individuals that incorporates the following problem solving concepts:

  Indiana Code 33-23-16-8

• program: refers to the Indiana conference for legal education opportunity established by section 2 of this chapter. See Indiana Code 33-24-13-1
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• prosecuting attorney: includes a senior prosecuting attorney appointed under IC 33-39-1. See Indiana Code 33-23-13-2
• protected person: means an individual for whom a guardian has been appointed. See Indiana Code 32-39-1-22
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
• record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Indiana Code 32-39-1-23
• reentry court: means a problem solving court that is focused on the needs of individuals who reenter the community after a period of incarceration and that may provide a range of necessary reintegration services for eligible individuals, including the following:

  Indiana Code 33-23-16-9

• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• remote computing service: means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in Indiana Code 32-39-1-24
• safe baby court: means a problem solving court focused on addressing the needs of families who have a child in need of services who is three (3) years of age or younger by surrounding the family with support services to:

  Indiana Code 33-23-16-9.5

• 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.
• Summons: Another word for subpoena used by the criminal justice system.
• terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Indiana Code 32-39-1-25
• 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.
• trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See Indiana Code 32-39-1-26
• 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
• user: means a person that has an account with a custodian. See Indiana Code 32-39-1-27
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• veteran: includes "Hoosier veteran" and applies to the construction of all Indiana statutes, unless the construction is expressly excluded by the terms of the statute, is plainly repugnant to the intent of the general assembly or of the context of the statute, or is inconsistent with federal law. See Indiana Code 1-1-4-5
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5